Western Australian Current Acts Western Australian Current Acts (1) In the case of a
lease or sublease of land under this Act if it be proved to the satisfaction
of the Commissioner that the lessor or sublessor his assign or transferee has
re-entered upon the premises in strict conformity with the provisions for
re-entry contained in the lease or sublease or under the power of section
93(b) where the lease or sublease is under this Act or that the lessee or
sublessee has abandoned the leased premises and the lease and that the lessor
or sublessor his assign or transferee has thereupon re-entered upon and
occupied the said premises by himself or tenants undisturbed by the lessee or
sublessee the Commissioner may, subject to subsection (2), direct the
Registrar —
(a) in
the case of a lease, to make an entry of such re-entry on the certificate of
title for the land that is the subject of the lease; or
(b) in
the case of a sublease of land that is the subject of a digital title, to make
an entry of such re-entry on that title; or
(c) in
the case of a sublease of land that is the subject of a paper title, to make
an entry of such re-entry on the sublease.
(1a) The term for
which the land was leased or subleased shall, upon such entry being made,
determine and may be removed as an encumbrance from a certificate of title but
without prejudice to any action or cause of action which shall previously have
been commenced or have accrued in respect of any breach or non-observance of
any covenant expressed in the lease or sublease or by this Act or any
amendment thereof declared to be implied therein.
(2) The Commissioner
shall not make a direction under subsection (1) in relation to a Crown lease
or other lease or sublease of Crown land without the prior permission of the
Minister for Lands.
[Section 104 amended: No. 81 of 1996 s. 145(1);
No. 31 of 1997 s. 107; No. 6 of 2003 s. 37; No. 19 of 2010 s. 51.]
[Heading inserted: No. 56 of 2003 s. 14.]