Western Australian Current Acts

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ABORIGINAL AFFAIRS PLANNING AUTHORITY ACT 1972 - SECT 41

41 .         Authority’s powers to deal in lands for disposal

        (1)         The Authority may —

            (a)         acquire and hold land for the purpose of disposal to persons of Aboriginal descent in any manner the Authority thinks fit; and

            (b)         effect, acquire, maintain, or repair, improvements on any land so acquired or held; and

            (c)         sell, lease or otherwise dispose of any such land or improvements to any person of Aboriginal descent on such conditions and for such purposes as the Authority thinks fit.

        (2)         The conditions to be imposed on a sale of land or improvements under this section may include a provision that upon part payment of the purchase price and the giving of security for the balance and interest remaining unpaid the Authority will transfer the fee simple in the land and vest the ownership in the improvements in the purchaser subject to that security.

        (3)         The Authority, in addition to the powers conferred by subsection (1), may lend money to any person of Aboriginal descent to enable him to improve and develop any land owned or held by him, or to acquire further land upon the security of a mortgage to the Authority of the estate and interest of the borrower in that land and the improvements thereon with or without such additional security as the Authority may require.

        (4)         The provisions of the Land Administration Act 1997 , and the regulations made under that Act, that are capable of being applied with or without adaptation for the purpose of giving effect to subsection (1), may be applied with or without adaptation for that purpose; but the Governor may, nevertheless, make such regulations as he thinks necessary or convenient for the purpose of giving effect to that subsection.

        [Section 41 amended: No. 31 of 1997 s. 141.]



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