Western Australian Current Acts Western Australian Current Acts (1) An agreement must
—
(a) be
in writing;
(b)
state that it is an agreement under this Act;
(c)
provide for a thing referred to in section 5(1) to be done;
(d)
specify —
(i)
the day on which the agreement commences; and
(ii)
the term of the agreement;
(e)
contain the land description for the freehold land, leasehold interest or
Crown land that is the subject of the agreement; and
(f)
identify, if the agreement is to be in respect of part only of the land
referred to in paragraph (e), by way of words or a sketch, the part of the
land that is the subject of the agreement.
(2) Subject to
subsection (1), an agreement may contain any provisions the parties agree to
include.
(3) An agreement
entered into by a lessee of Crown land is of no effect unless section 18 of
the Land Administration Act 1997 has been complied with.
(4) If a right of
exclusive possession is conferred under an agreement, the agreement is not to
be treated as a lease.
(5) An agreement is
not a lease or licence to use or occupy land or a subdivision of land to which
section 135 or 136 of the Planning and Development Act 2005 applies.
[Section 6 amended: No. 38 of 2005 s. 15.]