Town Planning and Development Act Amendment Act 1969 (WA)
No. 31.] Town Planning and Development. [1969.
TOWN PLANNING
AND DEVELOPMENT.
No. 31 of 1969.
AN ACT to amend subsection (1) of section 20,
subsection ( 1) of section 20B and paragraph (b)
of subsection (1) of section 21 of the Town
Planning and Development Act, 1928-1967.
[Assented to 16th May, 1969.]
RE it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of
the Legislative Council and the Legislative Assembly
of Western Australia, in this present Parliament
assembled, and by the authority of the same, as
follows:—
Short title
| and citation. | 1. (1) This Act may be cited as the Town Planning and Development Act Amendment Act, 1969. |
| Reprinted as |
| approved for | (2) In this Act the Town Planning and Develop- |
| reprint 28th |
| August, 1967, | ment Act, 1928-1967, is referred to as the principal |
| and | |
| amended by | Act. |
| Act No. 25 of 1967. |
1969.] Town Planning and Development. [No. 31.
(3) The principal Act as amended by this Act may be cited as the Town Planning and Develop- ment Act, 1928-1969.
2. Subsection (1) of section 20 of the principal txsimient
| Act is amended— | subdivisionto be approved.) |
| (a) | by adding after the passage, "period," in line six of paragraph (a), the passage "or lease and grant a license to use or occupy land for terms in the aggregate exceeding ten years, including any option to renew or extend the terms or periods,"; and | |
| (b) | by repealing and re-enacting paragraph | |
|
(b) Where, after payment of con- sideration for any transaction relating to any land, it is found that the transaction cannot be completed-
(i) within a period of six months after the date of entering into the transaction; or
(ii) within such further period as is stipulated in the transaction, or in a subsequent agreement in writing made by all the parties to the transaction, or when the subsequent agreement is made after the death of any of those parties, by the surviving party or parties and the legal personal representative of any deceased party,
because the land cannot be dealt with as a lot or as lots the person who paid the consideration is entitled to a refund of the consideration from the person to whom it was paid. .
No. 31.] Town Planning and Development. [1969.
Amendment
| to s. 203. | 3. |
Subsection (1) of section 20B of the principal line one, the passage, "or to grant an option to purchase, or to lease or grant or lease and grant a license to use or occupy".
(Savings of
| certain | Act is amended by adding after the word "sell" in |
| agreements.) | |
| Amendment |
| to s. 2/. | 4. | Paragraph (b) of subsection (1) of section 21 |
| (Certain |
| transfers, | of the principal Act is amended by adding after the |
| etc., to be | |
| subject to | word "lots" in line two the passage ", or the land |
| approval.) | comprises part of a lot included in a plan of subdivision that has been approved by the Board". |
PROPERTY LAW ACT, 1969
ANALYSIS.
PART I.-PRELIMINARY.
Sec.
1. Short title.
2. Commencement.
3. Arrangement.
4. Repeals.
5. Savings.
6. Application of this Act to certain Acts.
7. Definitions.
PART IL-DEEDS AND OTHER INSTRITMENTS.
8. Construction of expressions used in deeds and other instruments.
9. Formalities of deed.
10. Execution of instruments by or on behalf of corporations.
11. Persons taking who are not parties.
12. Description of deed.
13. Conditions and certain covenants not implied.
14. Receipt in deed sufficient.
15. Receipt in deed or indorsed evidence.
16. Construction of supplemental or annexed instrument.
PART IIL-GENERAL RULES An.e,CTING PROPERTY.
17. Tenant for life without impeachment of waste not to commit equitable
waste.
18. No merger at law where none in equity.
19. Suits for possession of land by mortgagors.
20. Assignment of debts and chores in action.
21. Stipulations not of the essence of a contract.
22. Satisfied terms, whether created out of freehold or leasehold land, to
cease.
23. Estates tan abolished.
24. Creation by deed of freehold in futuro.
25. Creation by deed of estate in chattel real.
26. Contingent remainders to take effect notwithstanding premature failure
of preceding estate.
27. Rule in Shelley's Case abolished.
28. Restriction on executory limitations.
29. Corporations may hold as joint tenants.
30. Receipts for income by married minors.
31. Abolition of restraint on anticipation-power of Court.
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PART IV.-CONVEYANCES AND OTHER INSTRUMENTS.
Sec.
32. Lands lie in grant only.
33. Conveyances to be by deed.
34. Instruments required to be in writing.
35. Creation of interests in land by parol.
36. Savings in regard to sections 34 and 35.
37. Power to dispose of fee-simple by deed without words of inheritance.
38. No use to result from absence of consideration.
39. Limitations may be by direct conveyance without uses.
40. No conveyance to have tortious operation.
41. General words implied in conveyances.
42. All estate clause implied.
43. Partial release of land from rent.
44. Power to person to convey property to himself, etc.
PART V.-COVENANTS.
45. Covenants for title implied.
46. Construction of implied covenants.
47. Benefits of covenants relating to land.
48. Burden of covenants relating to land.
49. Construction of covenants affecting land.
50. Covenants to be joint and several.
51. Effect of covenant with two or more jointly.
52. Covenants and agreements entered into by a person with himself and
another or others.
PART VI.-MORTGAGES.
53. Foreclosure extinguishes right of action for mortgage debt and equity
of redemption.
54. Realization of equitable charges by the Court.
55. Sale of mortgaged property in action for redemption or foreclosure.
56. Restriction on consolidation of mortgages.
57. Implied powers of mortgagees.
58. Power to appoint receiver in the case of mortgage under the Transfer
of Land Act, 1893.
59. Regulation of exercise of power of sale.
60. Conveyance in exercise of power of sale.
61. Application of proceeds of sale.
62. Provisions as to exercise of power of sale.
63. Mortgagee's receipts and discharges, etc.
64. Amount and application of insurance money.
65. Appointment, powers, remuneration and duties of receiver.
66. Application of money received by receiver.
67. Effect of advance on joint account.
68. Notice of trusts affecting mortgage money.
PART VII.-LEASES AND TENANCIES.
69. This Part to apply to leases under the Transfer of Land Act, 1893.
70. Tenant not prejudiced by assignment before notice.
71. Tenancy from year to year not implied.
72. Termination of tenancies.
73. Waiver of a covenant in a lease, not to operate as general waiver.
iii
Sec.
74. Abolition of interesse termini and as to reversionary leases and leases
for lives.
75. Effect of extinguishment of reversion.
76. Apportionment of conditions on severance.
77. Rent and benefit of lessee's covenants to run with reversion.
78. Obligation of lessor's covenants to run with reversion.
79. Effect of licences granted to lessees.
80. Consent to assign or sublet not to be unreasonably withheld.
81. Restrictions and relief against forfeiture of leases and under-leases.
Costs in connection with forfeiture and waiver.
82. Certain assignments not to be deemed a breach.
83. Surrender of head lease to grant new lease not to prejudice under-lease.
PART VD:I.-POWERS OF ATTORNEY.
84. Execution by attorney in his own name.
85. Continuance until notice of death or revocation received.
86. Irrevocable power of attorney for value.
87. Power of attorney made irrevocable for fixed time.
88. Application to corporations.
PART IX.-VOIDABLE DISPOSITIONS.
89. Voluntary conveyances to defraud creditors voidable.
90. Voluntary disposition to defraud purchasers voidable.
91. Subsequent conveyance not to be evidence of intent to defraud.
92. Acquisitions of reversions at an under value.
PART X.-POWERS OF APPOINTMENT.
93. Disclaimer, etc., of powers.
94. Effect of disclaimer, etc.
95. Protection of purchasers claiming under certain void appointments.
96. Validation of appointments where objects are excluded or take illusory
shares.
97. Execution of powers not testamentary.
98. Application of this Part to existing powers.
PART XI.-PERPETUITIES AND ACCUMULATIONS.
99. Application.
100. Interpretation.
101. The perpetuity period.
102. Capacity to procreate or bear a child.
103. Wait and see rule.
104. Power of Court to make declaration as to validity of limitations.
105. Invalid age contingencies.
106. Class gifts.
107. Order of applying rules.
108. Unborn spouses.
109. Dependent limitations.
110. Options.
IV
Sec.
111. Application of the rule to possibilities of reverter, rights of entry and
resulting trusts.
112. Powers of appointment.
113. Accumulations of income.
114. Rule in Whitby v. Mitchell abolished.
115. Superannuation funds, etc.
PART XII—SUCCESSION.
116. Wills in contemplation of marriage.
117. Statutory substitutional gift.
118. Intermediate income of executory or contingent gifts.
119. Application of S. 120.
120. Devolution of property in cases of simultaneous deaths.
PART XIEL—EASEMENT, ENCROACHMENT AND MISTAKE.
121. Easement of light and air only by registered grant or instrument.
122. Power of Court to grant special relief in cases of encroachment.
123. Relief in cases of mistake as to boundaries or identity of land.
124. Recovery of payments made under mistake of law.
125. Payments made under mistake of law or fact not always recoverable.
| PART XIV.—PAR | ION OF LAND AND DIVISION OF CHATTELS. |
126. In action for partition Court may direct land to be sold.
127. Proceeds of sale, how applied.
128. Costs in partition suits.
129. Division of chattels.
PART XV.—APPORTIONMENT.
130. Interpretation.
131. Income apportionable in respect of time.
132. Time when apportioned part payable.
133. Recovery of apportioned parts.
134. Exceptions and application.
PART XVI.—SERVICE OF NOTICES.
135. Mode of service.
FIRST SCHEDULE.
Adopted Acts Ceasing to have Effect.
SECOND SCHEDULE.
Repeals.
THIRD SCHEDULE. Implied Covenants.
FOURTH SCHEDULE.
Conveyance.
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