Western Australian Current Acts Western Australian Current Acts[s. 94]
[Heading inserted: No. 19 of 2010 s. 38(10).]
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Column One |
Column Two |
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1. The lessee will not
transfer or sublet. |
1. The lessee his
executors administrators or transferees will not during the said term
transfer, assign, or sublet the premises hereby leased or any part thereof or
otherwise by any act or deed procure the said premises or any part thereof to
be transferred or sublet without the consent in writing of the lessor or his
transferees first had and obtained. |
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2. The lessee will
fence. |
2. The lessee his
executors administrators or transferees will during the continuance of the
said term erect and put up on the boundaries of the said land or upon those
boundaries upon which no substantial fence now exists a good and substantial
fence. |
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3. The lessee will
cultivate. |
3. The lessee his
executors administrators or transferees will at all times during the said term
cultivate use and manage in a proper and husband like manner all such parts of
the land as are now or shall hereafter with the consent in writing of the said
lessor or his transferees be broken up or converted into tillage and will not
impoverish or waste the same. |
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4. The lessee will not
cut timber. |
4. The lessee his
executors and administrators or transferees will not cut down fell injure or
destroy any growing or living timber or timber-like trees standing and being
upon the said land without the consent in writing of the said lessor or his
transferees. |
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5. The lessee will
insure against fire in the name of the lessor. |
5. The lessee his
executors administrators or transferees will insure and during the said term
keep insured against loss or damage by fire in the name of the lessor or his
transferees in some public insurance office approved of by him or them to the
amount of their full value all buildings which shall for the time being be
erected on the said land and which shall be of a nature or kind capable of
being insured against damage by fire and will when required deposit with the
lessor or his transferees the policy of such insurance and within 7 days after
each premium shall become payable the receipt for such premium and on any
breach or non-observance of this covenant the lessor or his transferees may
without prejudice to and concurrently with the powers granted to him and them
by this lease and by the Transfer of Land Act 1893 , insure such buildings
and the costs of effecting such insurance shall during the said term be a
charge upon the said land. |
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All moneys which shall
be received under or by virtue of any such insurance shall be laid out and
expended in making good the loss or damage. |
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6. The lessee will
paint outside every third year. |
6. The lessee his
executors administrators or transferees will in every third year during the
continuance of the said term paint all the outside woodwork and ironwork
belonging to the leased property with 2 coats of proper oil colours in a
workmanlike manner. |
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7. The lessee will
paint and paper inside every fourth year. |
7. The lessee his
executors administrators or transferees will in every fourth year during the
continuance of the said term paint the inside wood iron and other work now or
usually painted with 2 coats of proper oil colours in a workmanlike manner and
also re-paper with paper of the same quality as at present such parts of the
said premises as are now papered and also whiten or colour such parts of the
said premises as are now whitened or coloured respectively. |
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8. The lessee will not
use the premises as a shop. |
8. The lessee his
executors administrators or transferees will not convert use or occupy the
said premises or any part thereof into or as a shop warehouse or other place
for carrying on any trade or business whatsoever or permit or suffer the said
premises or any part thereof to be used for any such purpose or otherwise than
as a private dwelling-house without the consent in writing of the said lessee
or his transferees. |
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9. The lessee will not
carry on any offensive trade. |
9. The lessee his
executors administrators or transferees will not at any time during the said
term use exercise or carry on or permit or suffer to be used exercised or
carried on in or upon the said premises or any part thereof any noxious
noisome or offensive art trade business occupation or calling and no act
matter or thing whatsoever shall at any time during the said term be done in
or upon the said premises or any part thereof which shall or may be or grow to
the annoyance nuisance grievance damage or disturbance of the occupiers or
owners of the adjoining lands and properties. |
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10. The lessee will
carry on the business of publican and conduct the same in an orderly manner. |
10. The lessee his
executors administrators or transferees will at all times during the
continuance of the said term use exercise and carry on in and upon the
premises the trade or business of a licensed victualler or publican and seller
of fermented and spirituous liquors and keep open and use the house inn and
buildings standing and being upon the land as and for an inn or public-house
for the reception accommodation and entertainment of travellers guests and
other persons resorting thereto or frequenting the same and manage or conduct
such trade or business in a quiet and orderly manner and will not do or commit
or suffer to be done or committed any act matter or thing whatsoever whereby
or by means whereof any licence shall be allowed to expire or to become void
or shall or may be liable to be forfeited suspended taken away or refused. |
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11. The lessee will
apply for renewal of licence. |
11. The lessee his
executors administrators or transferees will from time to time during the
continuance of the said term at the proper times for that purpose apply for
and endeavour to obtain such licence or licences as is or are or may be
necessary for carrying on the said trade or business of a licensed victualler
or publican in and upon the said premises and keeping the said house or inn
open as and for an inn or public-house as aforesaid. |
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12. The lessee will
facilitate the transfer of licence. |
12. The lessee his
executors administrators or transferees will at the expiration or other sooner
determination of the said term sign and give such notice or notices and allow
such notice or notices of a transfer or renewal of any licence as may be
required by law to be affixed to the said house or inn to be thereto affixed
and remain so affixed during such time or times as shall be necessary or
expedient in that behalf and generally will do and perform all such acts
matters and things as shall be necessary to enable the said lessor or his
transferees or any person authorised by him or them to obtain the transfer of
any licence then existing and in force or the renewal of any licence or any
new licence. |
[Thirteenth, Fourteenth and Fifteenth Schedules deleted: No. 81 of 1996
s. 151.]
Sixteenth Schedule — Short form of covenant by mortgagor to insure
[s. 115]
[Heading inserted: No. 19 of 2010 s. 38(11).]
[Seventeenth and Eighteenth Schedules deleted: No. 81 of 1996 s. 151.]
Nineteenth Schedule — Power of Attorney
[s. 143(1)]
[Heading inserted: No. 19 of 2010 s. 38(12).]
WESTERN AUSTRALIA
Transfer of Land Act 1893 as amended. No.
POWER OF ATTORNEY
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Full name, address and occupation of donor. |
I |
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Full name, address and occupation of donee. |
do hereby appoint |
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my Attorney to sell to any person all or any lands leases mortgages whether
extended or not or charges or interests in land whether now belonging to me or
which shall hereafter belong to me under or by virtue of the
Transfer of Land Act 1893 or of which I am now or shall hereafter be the
proprietor or owner under the said Act. Also to purchase land and interests in
land. Also to mortgage all or any such lands or leases or interests for any
sum at any rate of interest. Also to charge the same with any annuity of any
amount. Also to lease all or any such lands as shall be Crown or freehold
tenure for any term of years not exceeding 21 years in possession at any rent.
Also to surrender or obtain or accept the surrender of any lease in which I am
or may be interested. Also to discharge and partially discharge mortgages and
charges. Also to extend mortgages and Leases. Also to lodge and withdraw
caveats either wholly or partially. Also to grant and surrender Easements.
Also to exercise and execute all powers which now are or shall hereafter be
vested in or conferred on me as a lessor, mortgagee or annuitant under the
said Act.* |
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*Or otherwise according to the nature and extent of the powers intended to be
conferred. | |
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And for me and in my name to sign all such Transfers instruments and other
documents and do all such acts matters and things as may be necessary or
expedient for carrying out the powers hereby given and for recovering all sums
of money that are now or may become due or owing to me in respect of the
premises and for enforcing or varying any contracts covenants or conditions
binding upon any lessee tenant or occupier of the said lands or upon any other
person in respect of the same and for recovering and maintaining possession of
the said lands and for protecting the same from waste damage or trespass. |
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Dated this day of 20 |
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(a) Signature of Donor/s. |
Signed (a)
(c) |
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(b) Signature, address and occupation of witness. |
in the |
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Signed (a) |
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in the |
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(c) Add attestations as required. |
(c) |
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NOTES 1. A separate attestation should be made by each
person signing this document; i.e. each signature should be separately
witnessed. 2. If executed within the Commonwealth of
Australia or its Territories witnesses must be 21 years of age or over and not
a party to this document. If executed outside the Commonwealth of Australia or
its Territories the witness should be one of the persons listed in section 145
of the Transfer of Land Act 1893 . 3. No alteration should be made by erasure. The
words rejected should be scored through and those substituted typed or written
above them, the alteration being initialled by the persons signing this
document and their witnesses. | |
No. POWER OF ATTORNEY | ||||
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FEES (office use) |
$ |
c | |||
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Parties ............................................................... ............................................................................. ............................................................................. | ||||
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Lodged by Address Phone No. | ||||||
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Use this space for instructions if any documents are to issue to other than
lodging party. | ||||||
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Duplicates, Declarations, etc., lodged with this document. (To be filled in by
person lodging.) | ||||||
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1. .......................... 2. .......................... 3. .......................... 4. .......................... 5. .......................... 6. .......................... |
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Received items No’s. ....................
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Rec. Clerk.
BELOW THIS LINE FOR OFFICE USE ONLY
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Deposited at ....................................... o’clock this .................... day of ............................... 20 ........ | ||
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Initials |
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EXAMINED. | ||
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[Nineteenth Schedule inserted: Gazette 24 Feb 1970
p. 544-5; amended: No. 31 of 1997 s. 133.]
[Twentieth to Twenty-third Schedules deleted: No. 81 of 1996 s. 151.]
Twenty-fourth Schedule — Form of application to amend certificate or
amend or replace relevant graphic
[s. 172]
[Heading inserted: No. 19 of 2010 s. 38(13).]
Western Australia
Application to Amend Certificate or to amend or replace a relevant graphic:
s. 170
[Heading amended: No. 6 of 2003 s. 84(1).]
To the Registrar of Titles
1. I hereby apply to have the certificate of
title No.
amended or graphic [ state identifying details ] amended or replaced
in the following particulars: —
[ State the nature of proposed amendment or
replacement and in a case in which the description in the certificate or
graphic is erroneous or imperfect on the face of it add the words on the
ground that the certificate or graphic is erroneous or imperfect on the face
of it].
2. That the land which would be described by the
certificate when amended or a relevant graphic when amended or replaced in
accordance with this application is now in my occupation, and has been
actually and bona fide occupied by me or persons holding under me since
—
3. That the nature of such occupation was as
follows: — [ State generally how and by whom the land has been occupied
as for instance by myself as a farm and dwelling; by my tenants A.B. and C.D.
as shops or partly by me as a dwelling and partly by my tenant A.B. as a
shop].
4. That the names and addresses so far as known to
me of the occupants of all land contiguous to the land so occupied by me are
as follows: —
5. That the names and addresses so far as known to
me of the owners of all lands contiguous to the land so occupied by me as
follows: —
6. That to the best of my knowledge and belief the
reasons why the description of the land in the said certificate or graphic
does not accord with the description of the land so occupied by me are the
following: — [ Set out reasons ].
Dated the day of
20
Made and subscribed at in the presence
of
Application to amend certificate or to amend or replace a relevant graphic:
s. 171
[Heading amended: No. 6 of 2003 s. 84(5).]
To the Registrar of Titles.
1. I the registered proprietor of the land
which is described as follows in the certificate of title No.
— [ set out full particulars as in certificate ] or graphic [ state
identifying details ] — apply to have a certificate amended or a graphic
amended or replaced in the following particulars: — [ State the nature
of the proposed amendment or replacement and mention the number of every
certificate or identifying details of each relevant graphic and the name of
every registered proprietor whose certificate of title or relevant graphic
would be affected by the proposed amendment or replacement ].
2. That to the best of my knowledge and belief the
discrepancy between the description in my certificate of title or graphic and
that in the other certificates or graphics above mentioned is due to error in
survey or misdescription and has arisen — [ Give the supposed cause of
discrepancy or state that the applicant is unable to assign any specific cause
for the discrepancy ].
3. That the title to the land affected by the
proposed amendment or replacement has never been in contest between me as or
as I believe any one from whom I claim and any other person in any proceeding
under the Transfer of Land Act 1893 or in any court of law or equity.
4. That the land as described in my certificate or
graphic has been actually and bona fide occupied by me and persons holding
under me since —
5. That the nature of such occupation was as
follows: — [ State generally how and by whom the land has been occupied
as for instance by myself as a farm and dwelling; by my tenants A.B. and C.D.
as shops; or partly by me as a dwelling and partly by my tenant A.B. as a
shop].
Dated the day of
20
Made and subscribed at in the
presence of
[Twenty-fourth Schedule amended: No. 81 of 1996
s. 145(2); No. 6 of 2003 s. 84.]
[Twenty-fifth Schedule deleted: No. 2 of 2014 s. 95.]
Twenty-sixth Schedule — General conditions of sale
[s. 237]
[Heading inserted: No. 19 of 2010 s. 38(15).]
Table A
[Heading inserted: No. 19 of 2010 s. 38(15).]
1. The purchaser shall complete his purchase upon
the day that the last of the acceptances or notes for purchase money become
due; but he shall be entitled to the possession of the lot or lots purchased
by him or to the receipt of the rents and profits thereof upon his acceptance
of the title to such lot or lots; and if from any cause whatsoever his
purchase shall not be completed at the time above specified the purchaser
shall pay interest on such of his acceptances or notes as shall become overdue
at the rate of 8% per annum to the time of completion without prejudice
however to the vendor’s right under the sixth condition.
2. All roads or ways adjoining or leading to or
from the land sold or shown on the existing certificate of title to the
property the areas of which roads are not included in such certificate shall
be deemed by the purchaser either to be appurtenant to such land or to have
become public roads.
3. The certificate of title to the property sold
shall be produced and a copy thereof may be made by the purchaser or his
solicitor on application in that behalf to the vendor or his solicitor and the
purchaser shall within 14 days after the day of sale deliver to the vendor or
his solicitor a statement in writing of all objections or requisitions (if
any) to or on the title or concerning any matter appearing on the particulars
or conditions and in this respect time shall be of the essence of the
contract. All objections or requisitions not included in such statements to be
delivered within the time aforesaid shall be deemed absolutely waived by the
purchaser and in default of such objections (if none) and subject only to such
(if any) so delivered the purchaser shall be considered as having accepted the
title and it shall be lawful for the auctioneer to pay over and deliver to the
said vendor all sums of money paid and acceptances or notes given by the said
purchaser on account of the purchase money without being liable to any action
or other proceeding for recovery of the same.
4. In case the purchaser shall within the time
aforesaid make any objection to or requisition on the title or otherwise which
the vendor shall be unable or unwilling to remove or comply with and such
objection or requisition shall be insisted on it shall be lawful for the
vendor or his solicitor (whether he shall have attempted to remove such
objection or to comply with such requisition or not and notwithstanding any
negotiation or litigation in respect of the same) at any time by notice in
writing to annul the sale and within 1 week after giving such notice to repay
the purchaser the amount of his purchase money or so much thereof as shall
have been paid in full satisfaction of all claims and demands whatsoever by
the purchaser and also to return all unpaid acceptances given by the purchaser
but without any interest costs or damages of any description.
5. If any mistake be made in the description or
area of the property or if any other error whatsoever shall appear in the
particulars of the property such mistake or error shall not annul the sale;
but a compensation or equivalent to be settled by 2 referees mutually
appointed in writing or their umpire shall be given or taken as the case may
require. The party discovering such mistake or error to give notice in writing
thereof to the other party within 7 days after such discovery and each party
within 7 days after such notice shall appoint in writing a referee and if
either party shall refuse to appoint a referee within the term above specified
the referee of the other party alone may proceed in the matter and make a
final decision. If 2 referees be appointed they are to nominate an umpire in
writing before they enter upon the business and the decision of such referee
or umpire as the case may be shall be final.
6. If the purchaser shall fail to comply with the
above conditions or shall not pay the whole of the deposit or shall not give
the acceptances or notes provided for by the contract or shall not duly pay
the same or any of them his deposit money or so much thereof as shall have
been paid shall be actually forfeited to the vendor who shall be at liberty
without notice to rescind the contract and to re-sell the property bought by
the purchaser by public auction or private contract and the deficiency (if
any) in price occasioned by such sale together with all expenses attending the
same shall immediately be made good by the defaulter at this present sale and
in case of non-payment the amount of such deficiency and expenses shall be
recoverable by the vendor as and for liquidated damages and it shall not be
necessary previously to tender a transfer to the purchaser or the vendor may
deduct and retain such deficiency and expenses out of the amount of any of the
before-mentioned acceptances or notes which shall then have been paid
re-paying unto such defaulter within 7 days after the completion of the sale
the residue of such amount but without any interest and returning without any
unnecessary delay any then unpaid acceptances or notes.
7. That the vendor will upon due payment of the
full amount of purchase money sign a transfer of the property to the purchaser
such transfer to be prepared by and at the expense of the purchaser.
8. That the purchaser shall pay or bear the
expense of all duty under the Duties Act 2008 on or in respect of the
acceptances or notes provided for by the contract and of the transfer to him.
9. The vendor shall not at any time be required by
any purchaser or purchasers at the present sale to join in erecting any
dividing fence upon any part of the land sold or offered for sale nor shall
the vendor be liable at any time to contribute towards the expense of erecting
any such dividing fence whether the land now offered for sale be sold or not;
but this condition shall not prejudice or affect the rights of purchasers as
to dividing fences as between themselves and all other parties except the
vendor.
[Twenty-sixth Schedule amended: No. 113 of 1965
s. 8; No. 12 of 2008 Sch. 1 cl. 38(2).]
[Twenty-seventh Schedule deleted: No. 25 of 1909 s. 2.]
Twenty-eighth Schedule — Application to register Crown lease
[s. 81B]
[Heading inserted: No. 19 of 2010 s. 38(16).]
Application to Register a Crown lease under the Transfer of Land Act 1893
To the Registrar of Titles —
I (insert name, address, and occupation) hereby apply to have the land
hereinafter described brought under the operation of the Transfer of Land Act
1893 . And I declare: —
1. That I am the lessee (or mortgagee or as the
case may be) of a Crown lease of all that.
2. That there are no documents or evidences of
title affecting such land in my possession or under my control other than
those included in the Schedule hereto.
3. That I am not aware of any mortgage or
encumbrance or sublease affecting the said land or that any other person has
any estate or interest therein at law or in equity (if there are any add other
than as follows and set the same forth).
Dated this day of
20
Made and subscribed at
in the presence of —
[The applicant, if in the State, to sign before the Registrar, an Assistant
Registrar or any person who, under the Oaths, Affidavits and Statutory
Declarations Act 2005 , is an authorised witness for an affidavit made in the
State; if out of the State, to sign before any person who, under that Act, is
an authorised witness for an affidavit made out of the State.]
Schedule of Documents referred to
[Twenty-eighth Schedule inserted: No. 54 of 1909
s. 19 (as amended: No. 17 of 1950 s. 75); amended: No. 24 of 2005 s. 63.]
[Schedule titled The Last Schedule deleted: No. 17 of 1950 s. 74.]
This is a compilation of the Transfer of Land Act 1893 and includes amendments
made by other written laws. For provisions that have come into operation, and
for information about any reprints, see the compilation table. For provisions
that have not yet come into operation see the uncommenced provisions table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
1893 (56 Vict. No. 14) |
13 Jan 1893 |
13 Jan 1893 | |
|
Transfer of Land Act 1893 Amendment Act 1896 12 |
1896 (60 Vict. No. 22) (as amended by No. 17 of 1950 s. 75) |
27 Oct 1896 |
27 Oct 1896 |
|
Criminal Code Act 1902 s. 3 |
1902 (1 & 2 Edw. VII No. 14) |
19 Feb 1902 | |
|
Transfer of Land Act Amendment Act 1902 12 |
1902 (2 Edw. VII No. 10) (as amended by No. 17 of 1950 s. 75) |
18 Nov 1902 |
18 Nov 1902 |
|
Stamp Act Amendment Act 1905 s. 20 |
20 of 1905 (5 Edw. VII No. 20) |
23 Dec 1905 |
1 Jan 1906 (see s. 2) |
|
25 of 1909 (9 Edw. VII No. 21) |
29 Oct 1909 |
1 Jan 1910 (see s. 1) | |
|
Transfer of Land Act Amendment Act 1909 13 |
54 of 1909 (9 Edw. VII No. 50) (as amended by No. 28 of 1944 s. 3; No. 17 of
1950 s. 75) |
21 Dec 1909 |
2 May 1910 (see s. 1 and Gazette 4 Mar 1910 p. 649) |
|
Transfer of Land Act Amendment Act 1911 12 |
26 of 1911 (1 Geo. V No. 37) (as amended by No. 17 of 1950 s. 75) |
16 Feb 1911 |
16 Feb 1911 |
|
Transfer of Land Act Amendment Act 1917 |
32 of 1917 (8 Geo. V No. 13) |
11 Dec 1917 |
11 Dec 1917 |
|
Transfer of Land Act Amendment Act 1920 |
30 of 1920 (11 Geo. V No. 30) |
31 Dec 1920 |
31 Dec 1920 |
|
Transfer of Land Act Amendment Act 1925 |
5 of 1925 (16 Geo. V No. 5) |
24 Sep 1925 |
24 Sep 1925 |
|
Transfer of Land Act Amendment Act 1929 12 |
14 of 1929 (20 Geo. V No. 12) (as amended by No. 17 of 1950 s. 75) |
30 Oct 1929 |
30 Oct 1929 |
|
Transfer of Land Act Amendment Act 1929 (No. 2) 13 |
42 of 1929 (20 Geo. V No. 41) (as amended by No. 17 of 1950 s. 75) |
31 Dec 1929 |
31 Dec 1929 |
|
Transfer of Land Act Amendment Act 1939 |
23 of 1939 (3 Geo. VI No. 23) |
22 Nov 1939 |
22 Nov 1939 |
|
Transfer of Land Act Amendment Act 1944 12 |
28 of 1944 (8 and 9 Geo. VI No. 28) (as amended by No. 17 of 1950 s. 75) |
23 Dec 1944 |
23 Dec 1944 |
|
Transfer of Land Act Amendment Act 1946 14 |
6 of 1946 (10 Geo. VI No. 6) |
13 Nov 1946 |
13 Nov 1946 |
|
Transfer of Land Act Amendment Act 1946 (No. 2) |
21 of 1946 (10 and 11 Geo. VI No. 21) |
14 Jan 1947 |
14 Jan 1947 |
|
Transfer of Land Act Amendment Act 1950 15 |
17 of 1950 (14 Geo. VI No. 17) |
29 Nov 1950 |
16 Mar 1951 (see s. 2 and Gazette 16 Mar 1951 p. 567) |
|
Reprint of The Transfer of Land Act 1893 approved 7 Mar 1951 in Vol. 5 of
Reprinted Acts (includes amendments listed above except those in the
Transfer of Land Act Amendment Act 1950 ) | |||
|
35 of 1935 (26 Geo. V No. 35) |
14 Jan 1955 |
Relevant amendments (see s. 48A and Second Sch. 16 ) took effect on 1 Mar 1955
(see No. 73 of 1954 s. 2 and Gazette 18 Feb 1955 p. 343) | |
|
Transfer of Land Act Amendment Act 1959 |
9 of 1959 (8 Eliz. II No. 9) |
25 Sep 1959 |
25 Sep 1959 |
|
Reprint of The Transfer of Land Act 1893 approved 5 Jul 1962 in Vol. 16 of
Reprinted Acts (includes amendments listed above) | |||
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); | |
|
Transfer of Land Act Amendment Act 1969 |
28 of 1969 |
16 May 1969 |
16 May 1969 |
|
Transfer of Land Act Amendment Act (No. 3) 1969 |
88 of 1969 |
17 Nov 1969 |
17 Nov 1969 |
|
Untitled regulations published in Gazette 24 Feb 1970 p. 516-45 |
24 Feb 1970 | ||
|
Untitled regulations published in Gazette 8 Feb 1972 p. 244 |
8 Feb 1972 | ||
|
Transfer of Land Act Amendment Act 1972 |
14 of 1972 |
25 May 1972 |
25 May 1972 |
|
94 of 1972 |
4 Dec 1972 |
Relevant amendments (see First Sch. 17 ) took effect on 1 Jan 1973 (see
s. 4(2) and Gazette 29 Dec 1972 p. 4811) | |
|
Reprint of The Transfer of Land Act 1893 approved 7 Jul 1975 (includes
amendments listed above) | |||
|
Acts Amendment (Land Valuers) Act 1978 Pt. I and II |
56 of 1978 |
6 Sep 1978 |
1 Jul 1979 (see s. 2 and Gazette 22 Jun 1979 p. 1677) |
|
10 of 1982 |
14 May 1982 |
1 Jul 1982 (see s. 2(1) and Gazette 25 Jun 1982 p. 2079) | |
|
Acts Amendment (Land Administration) Act 1987 Pt. VII |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637) |
|
Reserves and Land Revestment Act 1991 s. 22 |
57 of 1991 |
17 Dec 1991 |
17 Dec 1991 (see s. 2) |
|
Financial Administration Legislation Amendment Act 1993 s. 11 and 12 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Acts Amendment (Public Sector Management) Act 1994 s. 18 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Transfer of Land Amendment Act 1996 3, 7, 18 |
81 of 1996 |
14 Nov 1996 |
Act other than s. 6(1) (to the extent that it refers to s. 10(4) and (5c) of
the principal Act), 28, 30, 37, 42, 73-77, 81, 98, 134, 140 and 141: 14 Nov
1996 (see s. 2(1)); |
|
Reprint of the Transfer of Land Act 1893 as at 13 May 1997 (includes
amendments listed above) | |||
|
Acts Amendment (Land Administration) Act 1997 Pt. 60 4, 5, 9 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 69 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
|
Transfer of Land Amendment Act 1999 |
3 of 1999 |
25 Mar 1999 |
s. 1 and 2: 25 Mar 1999; |
|
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 106 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2 and Gazette 30 Jun 1999 p. 2905) |
|
Reprint of the Transfer of Land Act 1893 as at 23 Jul 1999 (includes
amendments listed above) | |||
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 42 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
34 of 2000 |
10 Oct 2000 |
16 Nov 2000 (see s. 2 and Gazette 15 Nov 2000 p. 6275) | |
|
Land Administration Amendment Act 2000 s. 51 |
59 of 2000 |
7 Dec 2000 |
10 Apr 2001 (see s. 2(2) and Gazette 10 Apr 2001 p. 2073) |
|
Reprint of the Transfer of Land Act 1893 as at 9 Feb 2001 (includes amendments
listed above except those in the Land Administration Amendment Act 2000 ) | |||
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth. Gazette 13
Jul 2001 No. S285) | |
|
Taxation Administration (Consequential Provisions) Act 2002 s. 25 |
45 of 2002 |
20 Mar 2003 |
1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2383) |
|
Transfer of Land Amendment Act 2003 s. 4-42, 44-45, 47-55, 58-84 |
6 of 2003 |
25 Mar 2003 |
Act other than s. 43, 46, 56, 57, 74, 80-82: 3 May 2003 (see s. 2 and Gazette
2 May 2003 p. 1491); |
|
Acts Amendment (Equality of Status) Act 2003 s. 129 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Acts Amendment (Carbon Rights and Tree Plantation Agreements) Act 2003 Pt. 5 |
56 of 2003 |
29 Oct 2003 |
24 Mar 2004 (see s. 2 and Gazette 23 Mar 2004 p. 975) |
|
60 of 2003 |
7 Nov 2003 |
1 Dec 2006 (see s. 2 and Gazette 8 Aug 2006 p. 2899) | |
|
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 120 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 120 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Courts Legislation Amendment and Repeal Act 2004 Pt. 20 Div. 2 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 78 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 7: The Transfer of Land Act 1893 as at 6 May 2005 (includes amendments
listed above except those in the Contaminated Sites Act 2003 ) | |||
|
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act
2005 s. 63 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6244) |
|
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369) | |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 19 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Reprint 8: The Transfer of Land Act 1893 as at 15 Jun 2007 (includes
amendments listed above) | |||
|
Petroleum Amendment Act 2007 s. 106 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette 18 Jan 2008 p. 147) |
|
Acts Amendment (Justice) Act 2008 Pt. 24 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253) |
|
Duties Legislation Amendment Act 2008 Sch. 1 cl. 38 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
|
Legal Profession Act 2008 s. 711 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 10 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Reprint 9: The Transfer of Land Act 1893 as at 21 Aug 2009 (includes
amendments listed above) | |||
|
Approvals and Related Reforms (No. 3) (Crown Land) Act 2010 Pt. 9 |
8 of 2010 |
3 Jun 2010 |
18 Sep 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757) |
|
Standardisation of Formatting Act 2010 s. 38, 43(2) and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Reprint 10: The Transfer of Land Act 1893 as at 7 Jan 2011 (includes
amendments listed above) | |||
|
2 of 2014 |
24 Mar 2014 |
3 Jun 2014 (see s. 2(c) and Gazette 30 May 2014 p. 1679) | |
|
Land Legislation Amendment Act 2015 Pt. 5 |
11 of 2015 |
29 Apr 2015 |
30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937) |
|
Land Legislation Amendment (Taxing) Act 2015 Pt. 4 |
12 of 2015 |
29 Apr 2015 |
30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937) |
|
Reprint 11: The Transfer of Land Act 1893 as at 8 Jan 2016 (includes
amendments listed above) | |||
|
Strata Titles Amendment Act 2018 Pt. 3 Div. 23 |
30 of 2018 |
19 Nov 2018 |
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) |
|
Community Titles Act 2018 Pt. 14 Div. 23 (other than s. 253) |
32 of 2018 |
19 Nov 2018 |
30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) |
|
COVID-19 Response and Economic Recovery Omnibus Act 2020 s. 102 |
34 of 2020 |
11 Sep 2020 |
12 Sep 2020 (see s. 2(b)) |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
|
Transfer of Land Amendment Act 2022 Pt. 2 |
21 of 2022 |
24 Jun 2022 |
7 Aug 2023 (see s. 2(b) and SL 2023/111 cl. 2) |
|
Land and Public Works Legislation Amendment Act 2023 Pt. 4 Div. 12 |
4 of 2023 |
24 Mar 2023 |
10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Transfer of Land Amendment Act 2003 s. 43, 46, 56 and 57 |
6 of 2003 |
25 Mar 2003 |
To be proclaimed (see s. 2) |
|
Community Titles Act 2018 s. 253 |
32 of 2018 |
19 Nov 2018 |
To be proclaimed (see s. 2(b)) |
|
Petroleum Legislation Amendment Act 2024 Pt. 5 Div. 13 |
17 of 2024 |
14 May 2024 |
To be proclaimed (see s. 2(b)) |
1 Repealed by the Land Act 1933 which was repealed
by the Land Administration Act 1997.
2 The Land Valuers Licensing Act 1978 came into
operation on 1 July 1979.
3 The Transfer of Land Amendment Act 1996 s. 6(2)
reads as follows:
(2) Section 10 of the
principal Act as it was in effect immediately before the commencement of
subsection (1) continues to have effect in relation to any document or its
duplicate and to any memorandum or entry that was sealed, signed, or
initialled before that commencement.
4 The Acts Amendment (Land Administration) Act
1997 s. 93(2) reads as follows:
(2) If the alienation
of Crown land has resulted in the delivery of the grant in fee simple to the
Registrar under section 18 of the principal Act, but the Registrar has not
created and registered a certificate of title for the land under that section
before the commencement of this section, that creation and registration may be
completed as if that section had not been repealed.
5 The Acts Amendment (Land Administration) Act
1997 s. 94(2) reads as follows:
(2) Section 19 of the
principal Act continues to apply to each grant in fee to 2 or more persons in
joint tenancy for any public purpose, which grant was in existence immediately
before the repeal of that section, as if that section had not been repealed.
6 The Settled Land Act 1892 was repealed by the
Trustees Act 1962 .
7 The Transfer of Land Amendment Act 1996 s.
37(3) reads as follows:
(3) Section 65 of and
the Ninth Schedule to the principal Act as in force immediately before the
commencement of subsection (1) continue to apply to all transfers, leases and
certificates of title in effect before that commencement on which an easement
was marked in accordance with those provisions.
8 On the date as at which this compilation was
prepared, the Western Australian Land Information Authority was principally
assisting in the administration of the Transfer of Land Act 1893 .
9 The Acts Amendment (Land Administration) Act
1997 s. 104(2) reads as follows:
(2) A lease of Crown
land (not being a Crown lease) granted before the commencement of this
section, which lease would have been valid had it been granted as a lease
under the Land Administration Act 1997 , is validated by force of this
subsection and is to be treated as if it were a lease registered under
section 81Q of the principal Act as amended by this Act.
10 Repealed by the Property Law Act 1969 Second
Schedule.
11 Repealed by the
Planning and Development (Consequential and Transitional Provisions) Act 2005
Schedule 1.
12 This Act was amended by the
Transfer of Land Act Amendment Act 1950 s. 75. See also note 16.
13 This Act was amended by the
Transfer of Land Act Amendment Act 1944 s. 3 and the Transfer of Land Act
Amendment Act 1950 s. 75. See also note 17.
14 The Transfer of Land Act Amendment Act 1950 s.
75 sets out an amendment to the Transfer of Land Act Amendment Act 1946 .
However, the Transfer of Land Act Amendment Act 1950 s. 32 sets out an
amendment to the Transfer of Land Act 1893 that achieves the same result.
15 The Transfer of Land Act Amendment Act 1950
provides as follows:
75. Revision of certain of the provisions of the
amending Acts
(1) By way of
revision, for the purpose of reprinting, the provisions of the amending Acts
are amended to the extent specified in the Schedule to this Act.
(2) The provisions of
the last preceding subsection shall not be construed so as to affect the
provisions of the Amendments Incorporation Act 1938 .
16 Section 48A and the Second Schedule were
inserted into the Limitation Act 1935 by the Limitation Act Amendment Act 1954
s. 8.
17 The Schedule to the Metric Conversion Act 1972
was redesignated as the First Schedule by the Metric Conversion Act Amendment
Act 1973 s. 3.
18 The Transfer of Land Amendment Act 1996 s. 152
reads as follows:
152. Savings and transitional in relation to the
assurance fund
(1) In this section
—
commencement means the day on which section 1 of
this Act comes into operation.
(2) The account called
the “assurance fund” immediately before commencement is to be
closed on commencement and the money that is in the account at the time when
the account is being closed is to be credited to the Consolidated Fund.
(3) Subsection (2)
does not affect or prejudice the application of the Interpretation Act 1984
but a right, obligation or liability of, or in respect of, the assurance fund
subsisting immediately before commencement becomes, on commencement, a right,
obligation or liability of, or in respect of, the State in accordance with
Part XI or XII of the principal Act, as the case requires.
19 The amendment in the Financial Legislation
Amendment and Repeal Act 2006 s. 4 to s. 190 is not included because s. 190
had been replaced by the Land Information Authority Act 2006 s. 115.
20 The Land Legislation (Postponement of Expiry)
Proclamation 2018 published by Gazette 21 Dec 2018 p. 4845-6 provides that the
expiry of section 182AA is postponed until the end of 31 December 2024.
21 The Land Legislation (Postponement of Expiry)
Proclamation 2024 cl. 5 (SL 2024/43) provides that the expiry of section 182AA
is postponed until the end of 31 December 2029.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
affected land
104A
agreement 104M
agreement
land 104M
amending Act
244
annuitant 4(1)
annuity
4(1)
approved form 4(1), 81K
Australian
consular officer 145(4)
authorised land officer
4(1)
Authority 4
burdened land 104A
carbon covenant
4(1)
carbon covenant form 4(1)
carbon right 4(1)
carbon right form
4(1)
certificate of Crown land title
4(1)
charge 4(1)
charging instrument
105(3)
commencement 181(1a)
commencement day 248(1), 249(1)
Commissioner
81K
conveyancing transaction
4(1)
counterpart 4(1), 4(1b)
Crown land
4(1)
Crown land lease
4(1)
Crown lease 4(1)
dealing
4(1)
digitally sign 4(1)
digital signature
4(1)
digital title
4(1)
disposition 242(4)
document
4(1), 54(4)
ELN 4(1)
ELNO
4(1)
encumbrance 81RA(1)
encumbrances 4(1)
endorsed
4(1)
Examiner of Titles 4(1)
fees
238B(4)
first document
192D(4)
geothermal energy 3(3)
geothermal energy
resources 3(3)
grant
4(1)
grantor 4(1)
graphic
4(1)
inspector of plans and surveys 163(2)
instrument 4(1)
interest
4(1)
judge 4(1)
land
4(1)
lodge 181A(1), 181(1AA), 182A(1AA),
192A(1), 192B(1), 192D(1), 238A(1)
lodged 133(1)
lot 129C(1d)
management body
4(1)
management order 81K
memorandum
54(1)
metropolitan region
4(1)
mining, petroleum or geothermal energy rights
3(3)
Minister for Lands 4(1)
ministerial order
4(1)
mortgage 127A(1)
mortgagee 127A(1)
mortgage money
126(1E)
notice to be served 249(2)
and (3)
notification details 240A(1)
paper title
4(1)
participation
rules 4(1)
person 4(1)
plan 136A
plantation interest
4(1)
prescribed amount 192(1), 238B(4)
profit à prendre 4(1)
property (seizure and
sale) order 133(1)
proprietor
4(1)
public authority 4(1)
qualified
certificate of Crown land title 4(1)
qualified
valuer 4(1)
record
4(1)
Register 4(1)
register
133(1)
registered disposition 242(4)
relevant authority 129BB(1), 136J(1)
relevant
carbon right 104A
relevant graphic
4(1)
repealed Act 81K
requirement
182B(1)
reserve 4(1)
saleable interest 133(1)
sale period
133(1)
section 138A caveat 136K(1)
settlement 4(1)
sheriff
4(1)
sheriff’s dealing 133(1)
short
form 4(3)
sign 4(1)
signature 4(1)
single dwelling covenant
129C(1c)
stamped 81U(3)
statutory declaration 188(2)
subscriber
4(1)
symbol 4(1)
transitional
period 81K
transmission
4(1)
tree plantation agreement 4(1)
working
day 182B(1)
© State of Western Australia 2024
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer
