Western Australian Current Acts Western Australian Current Acts (1) A person who holds
an interest in any land on which an Aboriginal site is located may, so far as
his interest enables him to bind the land, agree with the Minister that the
land, or any part of that land, shall thereafter either permanently or for a
specified period, be held subject to a covenant in favour of the Minister
prohibiting or imposing conditions on any development or use of that land in a
manner that would have a deleterious effect on the preservation of that site,
and any such agreement may include a provision that the Minister in
consideration thereof shall do, or shall refrain from doing, any specified
thing under this Act.
(2) Where the Minister
is satisfied that it is in the general interest of the community so to do the
Minister may agree to a proposal made under subsection (1), and any such
covenant shall thereupon have effect as if the Minister were possessed of or
entitled to or interested in adjacent land and as if the covenant had been and
had been expressed to be entered into for the benefit of that adjacent land.
(3) Where the land to
which the covenant relates is held under the operation of the
Transfer of Land Act 1893 , the provisions of Division 3A of Part IV of that
Act apply to and in relation to the registration, discharge, modification and
dealing with that covenant and any restriction arising therefrom.
(4) Where the land to
which the covenant relates is not land held under the operation of the
Transfer of Land Act 1893 —
(a) the
provisions of sections 129B and 129C of that Act apply, so far as they are
capable of being applied, to and in relation to the discharge, modification
and dealing with that covenant and any restriction arising therefrom as if the
land were land under that Act; and
(b) the
Registrar of Deeds and Transfers under the Registration of Deeds Act 1856 ,
shall, upon the production of the memorial required under that Act, give due
effect to any agreement duly made under section 129B of the
Transfer of Land Act 1893 , as so applied, and any order of a judge made under
section 129C of that Act as so applied.
(5) A covenant to
which any land is subject pursuant to this section shall, unless a contrary
intention is expressed, be deemed to be made by the covenantor on behalf of
himself, his successors in title (including the owners and occupiers for the
time being of the land) and the persons deriving title under him or them and
unless a contrary intention is expressed, shall have effect as if such
successors and other persons were expressed.
[Section 27 amended: No. 24 of 1995 s. 28.]
[Heading inserted: No. 23 of 2023 s. 16.]