Territory of COCOS (KEELING) IslanDS
Land Legislation Ordinance 1992
Ordinance No. 8 of 1992 as amended
made under the
Cocos (Keeling) Islands Act 1955
This compilation was prepared on 8 April 2002
taking into account amendments up to Ordinance No. 2 of 1998
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short Title [see Note 1]
2 Amendments
Schedule Amendments of land legislation
Part 3 Amendments of the Strata Titles Act 1985 (W.A.) (C.K.I.)
Part 4 Amendment of the Town Planning And Development Act 1928 (W.A.) (C.K.I.)
Notes
An Ordinance to amend the Land Act 1933 (W.A.) (C.K.I.), the Local Government Act 1960 (W.A.) (C.K.I.), the Strata Titles Act 1985 (W.A.) (C.K.I.), the Town Planning and Development Act 1928 (W.A.) (C.K.I.) and the Transfer of Land Act 1893 (W.A.) (C.K.I.).
1 Short Title [see Note 1]
This Ordinance may be cited as the Land Legislation Ordinance 1992.
Note This Ordinance commences on gazettal: see subsection 12 (2) of the Cocos (Keeling) Islands Act 1955.
2 Amendments
(1) The Land Act 1933 (W.A.) (C.K.I.) is amended as set out in Part 1 of the Schedule.
(2) The Local Government Act 1960 (W.A.) (C.K.I.) is amended as set out in Part 2 of the Schedule.
(3) The Strata Titles Act 1985 (W.A.) (C.K.I.) is amended as set out in Part 3 of the Schedule.
(4) The Town Planning and Development Act 1928 (W.A.) (C.K.I.) is amended as set out in Part 4 of the Schedule.
(5) The Transfer of Land Act 1893 (W.A.) (C.K.I.) is amended as set out in Part 5 of the Schedule.
Schedule Amendments of land legislation
(section 2)
Part 3 Amendments of the Strata Titles Act 1985 (W.A.) (C.K.I.)
1. Section 23 (Certificate of local government authority)
1.1 Paragraph 23 (1) (a):
After “inspected and”, insert “, subject to subsection (1A),”.
1.2 After subsection 23 (1), insert:
(1A) The local government authority is not required to certify that a building shown on a strata plan is consistent with building plans and specifications approved for the building, if:
(a) the building was commenced before 1 July 1992; and
(b) the authority did not require the plans for the building to be approved.
Part 4 Amendment of the Town Planning And Development Act 1928 (W.A.) (C.K.I.)
1. Section 2 (Interpretation)
1.1 Omit the definition of “public authority”, substitute:
“‘public authority’ means:
(a) a Minister of the Crown acting in his or her official capacity;
(b) a Commonwealth or State Government department, trading concern, instrumentality or public utility; and
(c) any other person or body, whether corporate or not, who or which, under the authority of any applied law, Commonwealth Act or Territory Ordinance, administers or carries on for the benefit of the Territory, the State or the Commonwealth, a social service or public utility;”
2. New section 20AA
2.1 After section 20a, insert:
Vesting of access areas and reserves in Shire Council
“20aa. (1) This section applies when:
(a) the Commission has approved, under this Act, a subdivision of land on the condition that parts of the land shown on a diagram or plan of survey of the subdivision as approved vest in the Cocos (Keeling) Islands Shire council for the purpose of:
(i) conservation or protection of the environment; or
(ii) a waterway; or
(iii) a pedestrian accessway; or
(iv) a right‑of‑way; or
(v) a reserve for water supply, sewerage, drainage, foreshore management, waterway management or recreation; and
(b) the diagram or plan is received, registered or deposited in the Office of Titles or Registry of Deeds.
“(2) The Registrar of Titles or the Registrar of Deeds must vest in the Council the parts of the land:
(a) in accordance with the condition; and
(b) without a conveyance, transfer, assignment or payment of a fee.”.
Notes to the Land Legislation Ordinance 1992
Note 1
The Land Legislation Ordinance 1992 (in force under the Cocos (Keeling) Islands Act 1955) as shown in this compilation comprises Ordinance No. 8 of 1992 amended as indicated in the Tables below.
Table of Ordinances
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or transitional provisions |
No. 8, 1992 | 24 Dec 1992 | 24 Dec 1992 | |
No. 2, 1998 | 5 May 1998 | 30 Mar 1998 (see s. 2 and W.A. Gazette 27 Mar 1998) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Schedule | |
Part 1............... | rep. No. 2, 1998 |
Part 2............... | rep. No. 2, 1998 |
Part 4............... | am. No. 2, 1998 |
Part 5............... | rep. No. 2, 1998 |
Overview
The Land Legislation Ordinance 1992 was enacted to amend existing land-related legislation on the Cocos (Keeling) Islands, thereby addressing the need for updated and streamlined land laws in the Territory. This ordinance was made under the authority of the Cocos (Keeling) Islands Act 1955 by the Parliament of the Australian Capital Territory. The primary aim of this ordinance is to modernise and align the land legislation with current needs, ensuring effective governance and administration of land-related matters on the islands. The Land Legislation Ordinance 1992 includes amendments to several key pieces of legislation, including the Land Act 1933, the Local Government Act 1960, the Strata Titles Act 1985, the Town Planning and Development Act 1928, and the Transfer of Land Act 1893, each tailored to suit the specific circumstances and requirements of the Cocos (Keeling) Islands.
Scope and Application
The Land Legislation Ordinance 1992, as amended, applies to the Territory of Cocos (Keeling) Islands and amends several key pieces of land legislation including the Land Act 1933 (W.A.) (C.K.I.), the Local Government Act 1960 (W.A.) (C.K.I.), the Strata Titles Act 1985 (W.A.) (C.K.I.), the Town Planning and Development Act 1928 (W.A.) (C.K.I.) and the Transfer of Land Act 1893 (W.A.) (C.K.I.). This legislation impacts persons and entities involved in land transactions, local government, and development within the Territory. The amendments pertain to changes in the requirements for building certificates, definitions of public authorities, and the vesting of land areas for specific purposes such as conservation or access. The Ordinance ensures compliance with the conditions set by the Cocos (Keeling) Islands Shire Council, and the Registrar of Titles or Deeds is mandated to implement these vesting conditions without any conveyance, transfer, assignment, or fee payment. The changes are effective from their dates of commencement as specified in the amendments table, with the primary changes taking effect on 24 December 1992 and further amendments on 30 March 1998.
Key Provisions
The Land Legislation Ordinance 1992, made under the Cocos (Keeling) Islands Act 1955, amends several key pieces of legislation on the Cocos (Keeling) Islands, including the Land Act 1933 (W.A.) (C.K.I.), the Local Government Act 1960 (W.A.) (C.K.I.), the Strata Titles Act 1985 (W.A.) (C.K.I.), the Town Planning and Development Act 1928 (W.A.) (C.K.I.), and the Transfer of Land Act 1893 (W.A.) (C.K.I.). The Ordinance introduces various changes and updates to existing laws to better align them with the unique needs and circumstances of the Cocos (Keeling) Islands. Section 2 of the Ordinance outlines the specific amendments to these Acts, which are detailed in the Schedule. For example, Section 23 of the Strata Titles Act 1985 (W.A.) (C.K.I.) is amended to exempt certain buildings from the requirement of certification by a local government authority, provided they were commenced before 1 July 1992 and did not require the submission of building plans and specifications for approval (Schedule, Part 3, Section 1.2).
The amendments impose specific obligations and requirements on the various parties and entities governed by these Acts. For instance, local government authorities are no longer required to certify certain buildings under the Strata Titles Act 1985 (W.A.) (C.K.I.), as long as they meet the criteria outlined in the amended legislation (Schedule, Part 3, Section 1.2). Additionally, the Town Planning and Development Act 1928 (W.A.) (C.K.I.) now includes a new definition of "public authority," broadening its scope to encompass more entities involved in the administration of social services and public utilities (Schedule, Part 4, Section 1.1). Furthermore, the amended legislation mandates that parts of a land subdivision approved by the Commission be vested in the Cocos (Keeling) Islands Shire Council for specific purposes, such as conservation or recreation, without the need for a conveyance, transfer, assignment, or payment of a fee (Schedule, Part 4, Section 2.1).
Failure to comply with the provisions of the Land Legislation Ordinance 1992 may result in various civil or criminal consequences, depending on the nature and severity of the breach. While the Ordinance does not explicitly state penalties for non-compliance, breaches of related land legislation or planning laws may be subject to penalties as outlined in the respective Acts. For example, non-compliance with the Strata Titles Act 1985 (W.A.) (C.K.I.) could potentially result in fines, imprisonment, or both, as determined by the courts. Similarly, violations of the Town Planning and Development Act 1928 (W.A.) (C.K.I.) may also lead to fines, imprisonment, or other legal consequences. It is essential for parties and entities governed by these Acts to be aware of their obligations and ensure compliance to avoid potential penalties or legal repercussions.