Land Amendment Regulations 1991 (WA)
31 May 1991] GOVERNMENT GAZETTE, WA 2659 LAND ADMINISTRATION
LA301
LAND ACT 1933
LAND AMENDMENT REGULATIONS 1991 Made by His Excellency the Governor in Executive Council. Citation
1. These regulations may be cited as the Land Amendment Regulations 1991.
Principal regulations
2. In these regulations the Land Regulations 1968* are referred to as the
principal regulations.
instalments set out in the Schedule to this regulation. (*Reprinted as at 6 January 1987. For amendments to 18 April 1991 see page 283 of 1989 Index to Legislation of Western Australia and the Gazette of 3 August 1990.]
Regulation 4 amended
3. Regulation 4 of the principal regulations is amended by repealing subregula-
tion (1) and substituting the following subregulation—
" (1) All applications for land within the State made under the provisions of the Act shall be lodged, with prescribed deposits, at the Department of Land Administration, Perth. ". Regulation 12 amended
4. Regulation 12 of the principal regulations is amended in subregulation (12)
by deleting "Twenty Dollars ($20.00)." and substituting the following—
$200.00. ".
Regulation 13 repealed and a regulation substituted
5. Regulation 13 of the principal regulations is repealed and the following
regulation is substituted—
Sale and leasing of town and suburban lands (Part IV)
" 13. Town and suburban lands shall be sold and leased subject to such of the conditions set out in Part A and Part C of the Schedule to this regulation, as are applicable, and the purchase money together with interest (if any) on that money, or the premium, shall be payable in the
| 2660 | GOVERNMENT GAZETTE, WA | [31 May 1991 |
Schedule
Part A (sales in fee simple)
Conditions of sale of town and suburban lands advertised to be sold by
auction at on the
day of 19 ,at
(1) The land offered for sale was advertised in the newspaper on
and is particularized in the Schedule as appended hereto, and will be sold subject to the terms and conditions of the Land Act 1933 and the regulations thereunder and to a depth of 12.19 metres below the natural surface.
(2)
The lots will be offered separately and in such order as the auctioneer shall at the time determine.
(3)
The highest bidder shall be the purchaser and, if any dispute arises, the lot in dispute shall be again put up and offered for sale.
(4)
Each lot shall be offered at the upset price, and if no advance be made the applicant for the same shall be declared the purchaser at the price: but, if any advance be made, the highest bidder shall be the purchaser as aforesaid. Should the applicant not be the purchaser, his deposit will be refunded in due course.
(5)
The purchaser shall, immediately upon the fall of the hammer, pay to the Minister or his agent, a first instalment equal to 10% of the total amount of the purchase money. Should the purchaser fail to pay the instalment as required, the purchase shall be void and the lot shall be offered again immediately for sale.
(6)(a) The balance of the purchase money shall be paid to the Minister or his agent within 30 days or such other period, not exceeding 2 years, as is determined by the Minister and the rate of interest payable in respect of the balance of the purchase money shall be determined by the Minister.
(b)
Nothing in paragraph (a) prevents the balance of purchase money and fees being paid on an earlier date should the purchaser so desire, but a Crown grant shall not issue until the conditions under which the lots were made available for sale have been fulfilled.
(7)
The Minister may approve or reject any fencing required by a prescribed condition, or may dispense with any requirement for fencing.
(8)
In default of payment of any one of the several instalments of purchase money and interest as applicable within 30 days, or, if the prescribed conditions as to improvements, or any other conditions, have not been complied with within the times prescribed, the land shall be absolutely forfeited, together with all purchase money and fees that may have been paid.
(9)
On payment of the final instalment of the purchase money and interest as applicable, provided the prescribed conditions as to improve- ments and any other conditions have been complied with and maintained, a Crown grant shall be issued on payment of the fee prescribed by regulation 5.
(10)
Immediately after the sale, the purchaser shall declare to whom or in whose name he requires the Crown grant to issue, and the name, address and occupation of such person shall thereupon be inserted in the form of application to purchase.
(11)
If any lot is improved, the value of the improvements (unless the purchaser is the owner of the improvements) will be payable by the purchaser to the Minister for Lands or his agent, in addition to the purchase money forthwith after the sale, or at such time and by such instalments (if any) as the Minister may determine, and the Minister's valuation of the improvements shall be final and binding on the purchaser.
Part C (sales under section 45A)
Conditions of sale of town and suburban lands that the Governor has approved of being offered for sale in fee simple pursuant to the provisions of section 45A of the Land Act 1933.
(1) At the time of making application to purchase any lot referred to in this Part, the purchaser shall pay to the Minister for Lands the deposit required by the Minister, which deposit shall not exceed the rate of 10% of the total amount of the purchase money, and such deposit shall be considered as payment of the purchase money so far as the same will extend and shall for the purposes of the Land Act 1933 be and be deemed to be the first prescribed instalment of the purchase money.
| 31 May 19911 | 2661 |
GOVERNMENT GAZETTE, WA
(2) The balance of the purchase money shall be paid to the Minister or his agent within 30 days or such other period, not exceeding 2 years, as is determined by the Minister and the rate of interest payable in respect of the balance of the purchase money shall be determined by the Minister.
paid at an earlier date should the purchaser so desire but a Crown grant (3) Nothing shall prevent the balance of purchase money and fees being
shall not issue until the conditions under which the lots were made
available for sale have been fulfilled.purchase money and interest as applicable within 30 days after becoming (4) In default of payment of any one of the several instalments of
sold are not complied with within the time specified for the performance due and payable, or if the conditions upon and subject to which the lot was
thereof, the lot shall be absolutely forfeited, together with all purchase
money and fees that have been paid.
(5) On payment of the final instalment of the purchase money and interest as applicable, provided that all conditions upon and subject to
which the lot was sold have been complied with, a Crown grant shall be
issued on payment of the fee prescribed by regulation 5. ". Regulation 14 repealed
6. Regulation 14 of the principal regulations is repealed.
Regulation 15 repealed and a regulation substituted
7. Regulation 15 of the principal regulations is repealed and the followingregulation is substituted—
(section 15 (2))
15. A Crown grant, conditional purchase lease, or licence, issued under theDepth of Crown grants, conditional purchase leases, etc. or such other limited depth, in special cases, as the Minister may direct. ".
Regulation 16 repealed
8. Regulation 16 of the principal regulations is repealed.
Regulations 20 and 21 repealed
9. Regulations 20 and 21 of the principal regulations are repealed.
Regulation 22 amended
10. Regulation 22 of the principal regulations is amended—
(a)
by inserting after the regulation designation "22." the subregulation designation "(1)";
(b) by deleting "Mortgages" and substituting the following—
Subject to subregulation (2), mortgages ";
(c) by deleting "the respective forms in the Schedule to this regulation, or by forms as near thereto as circumstances will allow." and substituting
the following—
form 29, 30 or 31, respectively, in the Schedule.
(d) by inserting after subregulation (1) the following subregulation—
(2) Where necessary or convenient to do so, an appropriate form set out in the Schedules to the Transfer of Land Act 1893 may be used in the place of form 29, 30 or 31 in the Schedule to these
regulations. "; and
(e) by deleting the Schedule to that regulation.
Regulation 24 amended
11. Regulation 24 of the principal regulations is amended—
(a)
by deleting "The forms in the Schedule" and substituting the follow- ing—
(1) Subject to subregulation (2), the forms in the Schedule "; and
(b) by inserting the following subregulation—
(2) Where necessary or convenient to do so the forms set out in the Seventh Schedule, the Fourteenth Schedule or the Eighteenth Schedule to the Transfer of Land Act 1893 may be used in the place of forms 26, 27 or 28 respectively. ".
| 2662 | GOVERNMENT GAZETTE, WA | [31 May 1991 |
Schedule amended
12. The Schedule to the principal regulations is amended-
(a)
by deleting the index headed "Forms" and substituting the following index-
" Index
Form Title of form Section No. No.
1. Crown grant of town or suburban land 15 2. Crown grant of rural land 15 3. Application for a lease 32, 33, 116
and 1174. Lease 32, 33 (3) 5. Form of lease for Commonwealth Rifle Range 33 6.
Application for a town or suburban lot to be submitted to auction
38
7. Application to purchase a town or 41A, 45A and
suburban lot 45B 8. Licence to occupy town or suburban
lands 43 9.
Application for a conditional purchase. 47, 49 and 53 10.
Conditional purchase lease 47 and 49 11.
Conditional purchase licence 53 12.
Application for a conditional purchase (vineyards, orchards and gardens) 54
13. Conditional purchase licence (vine-
yards, orchards and gardens) 54
14. Application for a homestead farm 66 15. Occupation certificate for homestead farm 66 16. Application for a working man's block . 81 17. Lease of working man's block 81 18.
Application for Crown grant of a work- ing man's block
81
19. Application for a pastoral lease 91 (1) 20. Pastoral lease 91 (2) 21. Return of stocks and improvements 102 and 103 22. Special lease 116 or 117 23. Permit to occupy town or suburban land 142 (2) 24. Permit to occupy rural land 142 (2)
25. Certificate of transfer of a lease or licence of Crown land
144 (2) 26. Transfer of a lease or licence of Crown
land 144 (3)
27. Memorandum of mortgage 145 (2)
28. Caveat 152 (1) 29. Transfer of mortgage 145 30. Discharge of mortgage 145 31. Partial discharge of mortgage
145 "; (b) by deleting Form 3 and substituting the following form
a
LAND ACT 1933
Form 3
Sections 32, 33, 116 and 117
File No
No.
APPLICATION FOR LEASE UNDER SECTION ( /
OFFICE USE Application No: CL No: ONLY
/ CLIt No:
31 May 19911 GOVERNMENT GAZETTE, WA 2663
District / Townsite: Loc / Lot No: Area:
DESCRIPTION
OF Public Diagram: Reserve No. LAND Plan:
Purpose: Term of lease: Rent, Fees, Etc.
Annual Rent $
Re.appraisement: Service Premium $
from / / p ....
Survey Fee $
to / / Lease Fee $ Registration Fee $
APPLICANT
Full Name and
address. If a
minor state date
of birth. If two or
more state
whether as Joint
Tenants or
Tenants in
Common. If
Tenants in
Common specify
shares.THE APPLICANT HEREBY APPLIES FOR A LEASE OF THE ABOVEMENTIONED LAND. IT IS UNDERSTOOD THAT ALL IMPROVE- MENTS ARE THE PROPERTY OF THE CROWN AND SHALL BE PAID FOR AS THE MINISTER DIRECTS.
Dated this day of 19
SIGNED BY SIGNED SIGNED (OR ON BEHALF OF) APPLICANT SIGNED SIGNED
Only Deposit etc
F7Applications invited Application I paid$ File No
OFFICE USE Granted by Application Lease offered
ONLY Land Board checked
Approved by Order of the Minister for Lands to a depth of metres below the natural surface subject to the schedule of conditions attached
hereto
An officer Authorised by
Date
Order of the Minister for Lands
(c) in Form 4—
(i) by inserting after "conditions herein" the following—and in the Schedule below,
(ii) by inserting after "enjoy the said land for the purpose for which "or shall fail or neglect to comply with, perform or fulfil all or any
of the conditions scheduled below, ";
and
(iii) by inserting before the heading "PLAN HEREIN REFERRED TO" "SCHEDULE OF CONDITIONS";
| 2664 | GOVERNMENT GAZETTE, WA | [31 May | 1991 |
(d) by deleting Forms 6 and 7 and substituting the following forms—
FORM 6
(section 38)
File No
No.
LAND ACT 1933
TOWN OR SUBURBAN LOT TO BE SUBMITTED TO AUCTION
OFFICE USE Application No: CL No: ONLY
338/ CLR No:
District / Townsite: Loc / Lot No: Area:
DESCRIPTION
Public Street: Survey:
OF Plan:
LAND Date of Auction Time: Venue:
OFFICE USE Conditions: Servipe Premium
ONLY Repayable to: The sale of the above lc/lot is approved by Order of the Minister for Lands
to a depth of metres below the natural surface. ./ / Date An officer authorised by Order of the Minister for Lands
APPLICANT
Full Name and
address. If a
minor state date of birth. If two or more state
whether as Joint
Tenants or Tenants in Common. If Tenants in Common specify
| shares. | Upset | Price |
| Price: $ | Realised: $ |
THE APPLICANT HEREBYAPP LIES FOR THE CROWN LAND AS DESCRIBED ABOVE TO BE SOLD BY PUBLIC AUCTION AT THE UPSET PRICE OF $
Dated this day of 19
| SIGNED BY | SIGNED | SIGNED |
| (OR ON BEHALF OF) APPLICANT SIGNED | SIGNED |
OFFICE USE Sale confirmed Deposit Paid $ Appin. Signature
ONLY checked Receipt No.
31 May 19911 GOVERNMENT GAZETTE, WA 2665
FORM 7
(Sections 41A, 45A, 45B)
File No
No.
LAND ACT 1933
APPLICATION TO PURCHASE A TOWN OR SUBURBAN LOT UNDER
SECTION 41A, 45A, 45B
OFFICE USE Application No: CL No:
ONLY CLR No:
District! Townsite: Loc I Lot No: Area:
DESCRIPTION Survey:
OF Public LAND Plan:
APPLICANT
Full Name and
address. If a
minor state date of birth. If two or more state
whether as Joint
Tenants or Tenants in Common. If Tenants in Common specify
shares. THE APPLICANT HEREBY APPLIES TO PURCHASE THE CROWN LAND UNDER THE PROVISIONS OF SECTION HEREIN FOR THE PRICE OF $ SUBJECT TO THE CONDITIONS ATTACHED HERETO. IT IS UNDERSTOOD THAT ALL IMPROVEMENTS ARE THE PROPERTY OF THE CROWN AND SHALL BE PAID FOR AS THE MINISTER DIRECTS.
Dated this day of 1 19 SIGNED BY (OR ON
SIGNED SIGNED BEHALF OF) APPLICANT
SIGNED SIGNED
Only Applicant Deposit & Fees Paid Application Exco Approval
Granted by Land Board checked
$
OFFICE USE The sale of the above lc/lot is approved by Order of the Minister for Lands ONLY
to a depth of metres below the natural surface. Date An officer Authorised by Order of the Minister for Lands
(e) in Form 22—
(i) by deleting the subheading "Section 116" and substituting the following subheading—
Section 116 or 117 ";
(ii) by deleting "section 116 of the Land Act 1933," and substituting the following—
section of the Land Act 1933,
(iii) by inserting after "conditions herein" the following—
and in the Schedule below,
(iv) by inserting after "enjoy the said land for the said purpose," the "or shall fail or neglect to comply with, perform or fulfill all or any
of the conditions scheduled below, or the conditions or provi-
sions of the Act, "; and
| 2666 | GOVERNMENT GAZETTE, WA | [31 May 1991 |
(v) by inserting before the heading "PLAN HEREIN REFERRED TO" "SCHEDULE OF CONDITIONS";
(f) in Form 26 by inserting at the foot of the first page the following— "Note: Form as prescribed under the Transfer of Land Act 1893 may
be used. ";
(g) in Form 27 by inserting at the foot of the first page the following— Note: Form as prescribed under the Transfer of Land Act 1893 may
be used. ";
(h) in Form 28 by inserting at the end of the form the following— "Note: Form as prescribed under the Transfer of Land Act 1893 may
be used. "; and
(i) by inserting after Form 28 the following forms—
.
FORM 29
Land Act 1933
(Section 145)
TRANSFER OF MORTGAGE
I, of being registered as the proprietor of a mortgage numbered , granted to me by upon the land hereinafter described,
in consideration of the sum of paid to me by of
, do hereby transfer to the said the principal sum
of and all interest secured by the said mortgage, all my estate
and interest as such mortgagee in All
Signed, sealed, and
delivered by the Said
[L.S I
in the presence of 1
Received this Transfer of Mortgage at on the day of , 19 , with the fee prescribed by regulation 5.
Accountant.
Registered No Chief Executive Officer of the Department.
DateNote: Form as prescribed under the Transfer of Land Act 1893 may be used.
FORM 30
LAND ACT 1933
(Section 145)
DISCHARGE OF MORTGAGE
Discharge)
No. ) I, do hereby discharge the following lands
from the whole of the moneys secured to me by Instrument of Mortgage
registered the day of , 19 , to secure $
Signature
Signed by the abovenamed Mortgagee this day of , 19
, in my presence. Received this discharge at at
day of , 19 , with the fee prescribed by regulation 5.
Discharge No. registered. Accountant, Chief Executive Officer of the Department.
Date
Note: Form as prescribed under the Transfer of Land Act 1893 may be used.
| 31 May 19911 | GOVERNMENT GAZETTE, WA | 2667 |
FORM 31
LAND ACT 1933
(Section 145)
PARTIAL DISCHARGE OF MORTGAGE
Discharge)
No.
Whereas under instrument of mortgage, registered the day of
, 19 , the lands herein mentioned were mortgaged to me,
the undersigned, to secure $ principal and $ per cent per annum interest thereon, viz:—*
And whereas on this day of , 19 , there is due
to me under the said mortgage $ principal of and $
interest: I hereby discharge the said lands from the whole of the said
interest and from $ , part of the said principa 1. Dated this day of , 19 Signature
Signed by the said Mortgagee in the presence of me.
Received this partial discharge this , of day
, 19 , with the fee prescribed by regulation 5.
Accountant.
Partial Discharge No. registered. Chief Executive Officer of the Department.
Date
*Here describe lands. used. ".
By His Excellency's Command,
L. M. AULD, Clerk of the Council.
LA401
CORRIGENDUM
31st May 1991.
Dola File: 12911/905. amendment of Reserve No. 22610 the reference to "252.4005 hectares" is amended to read "252.4467 hectares".
A. A. SKINNER, Executive Director.
| LA402 | LOCAL GOVERNMENT ACT 1960 |
DECLARATION OF CLOSURE OF STREETS
Made by the Minister for Lands under Section 288A. declared to be closed.
Schedule
City of Armadale
DOLA File 2549/988.
Closure No. A483. All that portion of Murray Road (Road No. 3849) plus widenings, now comprising
Armadale Lot 15 shown bordered pink on DOLA Survey Diagram 89950.
(Public Plan: Perth 1:2 000 22.04).
City of Stirling
DOLA File 2643/987.
Closure No. S424. All that portion of Delawney Street (Road No. 5904) now comprised in Hamersley
Lot 26 as shown bordered pink on DOLA Survey Diagram 89959.
(Public Plan: Perth 1:2 000 11.34).
0
0
0