Western Australian Current Acts Western Australian Current Acts (1) Where a licence is
granted to a lessee to do any act, the licence, unless otherwise expressed,
extends only —
(a) to
the permission actually given thereby;
(b) to
the specific breach of any provision or covenant specified in the licence; or
(c) to
any other matter so specified and authorised thereby,
and the licence does
not prevent any proceeding for any subsequent breach unless otherwise so
specified.
(2) Notwithstanding
any such licence —
(a) all
rights under covenants and powers of re-entry contained in the lease remain in
full force and are available as against any subsequent breach of covenant,
condition or other matter not specifically authorised or waived, in the same
manner as if no licence had been granted; and
(b) the
condition or right of entry remains in force in all respects as if the licence
had not been granted, except in respect of the particular matter authorised to
be done.
(3) Where in any lease
there is a power or condition of re-entry on the lessee assigning, subletting
or doing any other specified act without a licence, and a licence is granted
—
(a) to
any one of 2 or more lessees to do any act, or to deal with his share or
interest; or
(b) to
any lessee, or to any one of 2 or more lessees, to assign or underlet part
only of the property, or to do any act in respect of part only of the
property,
the licence does not
operate to extinguish the right of entry in case of any breach of covenant or
condition by the co-lessees of the other shares or interests in the property,
or by the lessee or lessees of the rest of the property, as the case may be,
in respect of those shares or interests or remaining property, but the right
of entry remains in force in respect of the shares, interests or property not
the subject of the licence.
(4) This section
applies to licences granted after the coming into operation of this Act.