Western Australian Current Acts Western Australian Current Acts (1) Any of the
following is new dutiable property —
(a) land
in Western Australia;
(b) the
following rights —
(i)
an option to acquire dutiable property, unless the option
is part of a simultaneous put and call option over dutiable property;
(ii)
a right to acquire dutiable property;
(iia) a
fixed infrastructure control right;
(iib) a
fixed infrastructure access right;
(iic) a
derivative mining right;
(iii)
any other right prescribed for the purposes of this
subsection;
(c) in
section 81(4) and (5), the following Western Australian business assets
—
(i)
intellectual property;
(ii)
a restraint of trade arrangement;
(iii)
a business identity.
(2) The following are
not new dutiable property —
(a) a
security interest in dutiable property;
(aa) an
estate in land created as a community lot in a community titles scheme on the
registration of the community titles scheme or an amendment of the community
titles scheme under the Community Titles Act 2018 ;
Note for this
subparagraph:
Common property created on the registration or
amendment of a community titles scheme is also not new dutiable property.
(ab) an
estate in land referred to in the Community Titles Act 2018
section 154(2)(b)(ii), (c)(ii) or (d)(iii) created on termination of a
community titles scheme under that Act;
(ac) an
estate in land created as a strata lot in a freehold or a leasehold scheme on
the registration of the strata titles scheme or an amendment of the strata
titles scheme under the Strata Titles Act 1985 ;
Note for this
paragraph:
Common property created on the registration or
amendment of a strata titles scheme is also not new dutiable property.
(ad) an
estate in land created on termination of a strata titles scheme under the
Strata Titles Act 1985 ;
(b) a
partner’s interest in a partnership;
(c) a
lease (including a diversification lease but not including a pastoral lease)
if no consideration is paid, or agreed to be paid, for the grant of the lease;
(ca) a
pastoral lease, or an interest of a pastoral lessee under a pastoral lease, if
the grant of the lease under the Land Administration Act 1997 section 101 is
not subject to the payment of a sale price;
(d) a
mining tenement;
[(e) deleted]
(f) a
licence, or a water entitlement under a licence, under the Rights in Water
and Irrigation Act 1914 section 5C;
(g) a
profit à prendre created under a timber sharefarming agreement under
the Conservation and Land Management Act 1984 or the Forest Products Act 2000
, unless a profit à prendre had been previously created in respect of a
crop of trees to which the agreement applies;
(h) a
plantation interest, created under an agreement under the Tree Plantation
Agreements Act 2003 , unless the interest had been previously created in
respect of a plantation to which the agreement applies;
(i)
any other dutiable property prescribed as excluded
property for the purposes of this section.
(3) Without limiting
section 11(1)(f), new dutiable property that is land in Western Australia
includes an extension of the term of a strata lease for a lot in a leasehold
scheme by the postponement of the expiry day for the scheme as referred to in
the Strata Titles Act 1985 section 50(3).
[Section 17 amended: No. 12 of 2019 s. 11; No. 30
of 2018 s. 132; No. 32 of 2018 s. 204; No. 4 of 2023 s. 116.]