Western Australian Current Acts Western Australian Current Acts (1) In the
construction of this Act except where the subject or context or the other
provisions hereof require a different construction —
annuitant means the proprietor of an annuity or
charge;
annuity means a sum of money payable periodically
and charged on land under the operation of this Act by an instrument
hereunder;
approved form , subject to section 81K, means a
form approved by the Registrar of Titles;
authorised land officer has the meaning given by
the Land Administration Act 1997 ;
Authority means the Western Australian Land
Information Authority established by the Land Information Authority Act 2006
section 5;
carbon covenant , carbon covenant form , carbon
right and carbon right form have the same respective meanings as they have in
the Carbon Rights Act 2003 ;
certificate of Crown land title means certificate
of Crown land title within the meaning of the Land Administration Act 1997 ;
charge means —
(a) the
instrument creating and charging an annuity; or
(b)
subject to section 15(10) of the Land Administration Act 1997 , a charge
referred to in section 15(9)(b) of that Act;
conveyancing transaction has the meaning given in
the Electronic Conveyancing Act 2014 section 3(1);
counterpart has the meaning given in subsection
(1CA);
Crown land has the same meaning as it has in the
Land Administration Act 1997 ;
Crown land lease means lease of Crown land
registered under section 81Q;
Crown lease means every lease or other holding of
Crown lands under the Land Act 1898 1 , or any regulation thereby repealed,
granted for or extending over a period of 5 years or more;
dealing , in relation to Crown land, has the same
meaning as it has in the Land Administration Act 1997 ;
digital signature has the meaning given in the
Electronic Conveyancing Act 2014 section 3(1);
digital title means a certificate of title in a
medium in which the data comprising the certificate is stored and retrieved by
digital means;
digitally sign has the meaning given in the
Electronic Conveyancing Act 2014 section 3(1);
document means any record of information however
recorded, and includes —
(a)
anything on which there is writing; or
(b)
anything on which there are marks, figures, symbols or perforations having a
meaning for persons qualified to interpret them; or
(c)
anything from which sounds, images or writings can be reproduced with or
without the aid of anything else; or
(d) a
map, plan, drawing or photograph; or
(e) any
record of information that exists in a digital form and is capable of being
reproduced, transmitted, stored and duplicated by electronic means;
ELN has the meaning given in the
Electronic Conveyancing Act 2014 section 3(1);
ELNO has the meaning given in the
Electronic Conveyancing Act 2014 section 3(1);
encumbrances includes all prior estates interests
rights claims and demands which can or may be had made or set up in to upon or
in respect of the land, and a dealing that is registered under this Act;
endorsed includes anything written, noted or
marked, by means approved by the Registrar of Titles, upon or in any document;
Examiner of Titles means a person who is an
Examiner of Titles under section 8(1);
grant means the grant by Her Majesty of land in
fee and also includes Crown leases;
grantor means the proprietor of land charged with
the payment of an annuity;
graphic includes —
(a) a
sketch plan in the possession of the Registrar;
(b) a
plan or diagram lodged or deposited under this Act;
(c) a
plan of survey of Crown land,
in such medium for the storage and retrieval of
information or combination of such media as the Registrar approves;
instrument includes —
(a) a
document for the conveyance, assignment, transfer, lease, sublease, mortgage
or charge of freehold land; and
(b) a
document creating an easement, profit à prendre or restrictive
covenant; and
(c) a
carbon right form, carbon covenant form or tree plantation agreement; and
(d) a
document for —
(i)
the transfer, mortgage or charge of a carbon right,
carbon covenant, plantation interest or profit à prendre or for any
other dealing in relation to a carbon right, carbon covenant, plantation
interest or profit à prendre; or
(ii)
the extension of a carbon right, carbon covenant or
plantation interest; or
(iii)
the variation of a carbon covenant or tree plantation
agreement; or
(iv)
the surrender of a carbon right, carbon covenant or
plantation interest;
and
(e) a
document lodged with a plan or diagram under Part IVA for the purpose of
creating an easement or restrictive covenant under that Part; and
(f) any
other document for a dealing in relation to Crown land;
interest , in relation to Crown land, has the same
meaning as it has in the Land Administration Act 1997 ;
judge means a judge of the Supreme Court of
Western Australia;
land includes messuages, tenements and
hereditaments corporeal or incorporeal in freehold and Crown land; and in
every certificate of title certificate of Crown land title and qualified
certificate of Crown land title transfer and lease created and registered or
issued or made under this Act such word also includes all easements and
appurtenances appertaining to the land therein described or reputed to be part
thereof or appurtenant thereto;
management body has the same meaning as it has in
the Land Administration Act 1997 ;
metropolitan region has the meaning given to that
term in the Planning and Development Act 2005 section 4;
Minister for Lands means the Minister as defined
in the Land Administration Act 1997 section 3(1);
ministerial order means an order made by the
Minister for Lands under the Land Administration Act 1997 ;
paper title means a certificate of title in a
paper medium;
participation rules has the meaning given in the
Electronic Conveyancing Act 2014 section 3(1);
person includes a corporation whether aggregate or
sole;
plantation interest has the same meaning as it has
in the Tree Plantation Agreements Act 2003 ;
profit à prendre , in relation to —
(a)
Crown land, has the same meaning as it has in the Land Administration Act
1997 ; or
(b)
other land, includes profit à prendre referred to in section 34B of the
Conservation and Land Management Act 1984 or Part 7 of the
Forest Products Act 2000 ;
proprietor means —
(a) in
relation to freehold land, the owner, whether in possession, remainder,
reversion or otherwise, of land or of a lease, mortgage or charge over land;
or
(aa) in
relation to a carbon right, carbon covenant or plantation interest, a person;
or
(b) in
relation to Crown land —
(i)
the holder of an interest in Crown land; or
(ii)
a management body empowered under the
Land Administration Act 1997 to grant or enter into interests in Crown land
or to deal with or create any other right or title of a proprietary nature in
Crown land,
whose name appears in the Register as the
proprietor of that freehold land, lease, mortgage, charge, carbon right,
carbon covenant or plantation interest, or the holder of that interest or
power, and includes the donee of a power to appoint or dispose of that
ownership, interest or power;
public authority means —
(a) a
Minister of the Crown in right of the State; or
(b) any
State Government department, State trading concern, State instrumentality or
State agency; or
(c) any
public statutory body, whether or not corporate, established under a written
law but not including a local government;
qualified certificate of Crown land title means
qualified certificate of Crown land title within the meaning of the
Land Administration Act 1997 ;
qualified valuer means —
(a) in
relation to a certificate of the value of land that is produced to the
Registrar pursuant to a requirement made by him before the expiration of 12
months from the coming into operation of the Land Valuers Licensing Act 1978
2 —
(i)
a person appointed as a sworn valuator under the
provisions of this Act as enacted before the coming into operation of that
Act; or
(ii)
a person who is licensed under that Act;
(b) in
relation to a certificate of the value of land that is produced to the
Registrar pursuant to a requirement made by him after the expiration of 12
months from the coming into operation of the Land Valuers Licensing Act 1978
2 — a person who is licensed under that Act;
record includes information stored or recorded by
means of a computer;
Register means the Register referred to in
section 48;
relevant graphic , in relation to a certificate of
title, means a graphic endorsed on, annexed to, referred to in or otherwise
linked or connected to, the certificate of title;
reserve has the same meaning as it has in the
Land Administration Act 1997 ;
settlement means any document under or by virtue
of which any land shall be so limited as to create partial or limited estates
or interests;
sheriff means the Sheriff of Western Australia and
any deputy sheriff appointed by the Sheriff of Western Australia;
sign includes digitally sign;
signature includes a digital signature;
subscriber has the meaning given in the
Electronic Conveyancing Act 2014 section 3(1);
symbol means a symbol approved by the Registrar
under section 48C;
transmission means the acquirement of the
ownership of freehold land under the will of the proprietor or by descent or
by executors or administrators as such or under any settlement;
tree plantation agreement means an agreement as
defined in the Tree Plantation Agreements Act 2003 .
(1a) This Act applies,
with such modifications —
(a) as
are necessary or desirable; or
(b) as
are prescribed,
or both, to Crown
land.
(1b) Without limiting
the generality of subsection (1a), a reference in this Act to —
(a) a
certificate of title, document of title or muniment of title includes, unless
the contrary intention appears, a reference to a certificate of Crown land
title or qualified certificate of Crown land title; or
(b) a
Crown grant includes, unless the contrary intention appears, a reference to a
certificate of title created and registered on the registration of a transfer
in fee simple of the relevant parcel of Crown land; or
(c)
land, to freehold land or to land under the operation of this Act includes,
unless the contrary intention appears, a reference to Crown land; or
(d) the
Minister includes, unless the contrary intention appears, a reference to the
Minister for Lands; or
(e) a
person having an estate or interest in land includes, unless the contrary
intention appears, a reference to —
(i)
a person having an interest in Crown land; and
(ii)
a management body empowered under the
Land Administration Act 1997 to grant or enter into interests in Crown land;
or
(f) the
exercise of rights by a proprietor of land to grant leases, licences or
mortgages of or over the land includes, unless the contrary intention appears,
a reference to the exercise by a management body of corresponding powers
conferred on it under section 46(3) or 59(5) of the
Land Administration Act 1997 .
(1CA) For the purposes of this Act, a document is
a counterpart in relation to another document if —
(a) the
documents relate to the same conveyancing transaction; and
(b) the
documents are in the same terms or substantially the same terms.
(1CB) Without limiting subsection (1CA)(b),
documents are in substantially the same terms for the purposes of that
provision if the documents contain exactly the same data or information apart
from all or any of the following —
(a) any
signature created for or appearing on each document;
(b) the
details of any attesting witness;
(c) the
date on which the documents were signed or witnessed;
(d) any
data or information authorised or required by a taxation Act (as defined in
the Taxation Administration Act 2003 Glossary);
(e)
anything else prescribed by the regulations for the purposes of this
subsection.
(1c) A word or
expression which is defined in the Land Administration Act 1997 has, unless
the contrary intention appears or the word or expression is otherwise defined
in this Act, the same meaning in this Act as it has in that Act.
(2) All land and every
estate and interest in land under the operation of The Transfer of Land Act
1874 and all instruments and dealings affecting any such land estate or
interest shall from the commencement of this Act be deemed to be under the
operation of this Act.
(3) In this Act, a
reference to a short form in relation to an easement of a type described in
column 2 of the Tenth Schedule is a reference to the corresponding short form
description of that type of easement set out in column 1 of that Schedule.
[Section 4 amended: 2 Edw. VII. No. 10 s. 2 (as
amended: No. 17 of 1950 s. 75); No. 54 of 1909 s. 2; No. 17 of 1950 s. 6; No.
56 of 1978 s. 4; No. 126 of 1987 s. 33; No. 81 of 1996 s. 5 and 145(1); No. 31
of 1997 s. 89; No. 34 of 2000 s. 72; No. 59 of 2000 s. 51; No. 6 of 2003 s. 4;
No. 56 of 2003 s. 11; No. 59 of 2004 s. 140; No. 38 of 2005 s. 15; No. 60 of
2006 s. 103; No. 21 of 2008 s. 711(2); No. 8 of 2010 s. 28; No. 19 of 2010
s. 38(2); No. 2 of 2014 s. 63; No. 30 of 2018 s. 195; No. 9 of 2022 s. 424;
No. 21 of 2022 s. 4.]