Western Australian Current Acts Western Australian Current Acts (1) Notwithstanding
the provisions of the Land Act the Governor is authorised to grant tenures on
such terms and conditions as are not inconsistent with the conditions as
determined by the Minister under the Commonwealth Act, for the purpose of
carrying out the scheme.
(2) To the extent to
which the provisions of the Land Act and the regulations made under that Act
are capable of being applied with or without adaptation in respect of tenures
and grants of tenures those provisions with or without adaptation apply in
respect of those matters.
(3) Notwithstanding
the provisions of subsection (2) the Governor may make such regulations as he
thinks necessary or convenient for carrying out and giving effect to the
scheme and where there is inconsistency between regulations so made and
regulations made under the Land Act the provisions of the former prevail.
(3A) Subject to
section 5 nothing contained in this Act or in any regulations made pursuant to
authority granted by this Act shall in any way alter, prejudice or affect or
permit the alteration of the terms or conditions of any perpetual lease
heretofore granted or the terms or conditions upon which the Minister has
heretofore approved of the granting of any perpetual lease or has otherwise
agreed to grant leasehold rights to any applicant within the meaning of the
repealed Acts or render any such applicant liable to pay rental or purchase
money for land and/or non-structural improvements in excess of that rental or
purchase money which he would have been liable to pay if this Act or any such
regulation had not been passed or made.
(4) Notwithstanding
anything contained —
(a) in
the proviso to subsection (3) of this section; or
(b) in
any perpetual lease issued under the scheme; or
(c) in
any regulation made under any Act,
the Governor may,
under that subsection make regulations authorising the lessee of a tenure of
perpetual leasehold of land demised by instrument of lease under the scheme
that is mortgaged or otherwise encumbered to further mortgage or otherwise
encumber the lease, if the approval of the Minister to do so is first obtained
and regulations empowering the Minister at his discretion to approve of any
contract of sale of land the subject of a perpetual lease granted under the
scheme, without requiring that all amounts owing by the lessee in respect of
that land to the Minister or other Crown instrumentality, authority or agent
be first paid.
(5) On and after the
date of coming into operation of this subsection, notwithstanding any other
provision in or under this Act, any other Act, or any Act repealed by this Act
—
(a)
there shall not be in any perpetual lease issued under this Act any
reservation to the Crown of a right to take marketable timber on land the
subject of the lease; and
(b) any
such reservation in any perpetual lease issued before that date under this Act
or any Act repealed by this Act shall be no effect; and
(c) no
permit shall be granted, and no licence shall be issued under the Forests Act
1919 3 , in respect of marketable timber on land the subject of a perpetual
lease issued at any time under this Act or any Act repealed by this Act; and
(d) any
permit granted, or any licence issued, before that date under the Forests Act
1919 3 , in respect of marketable timber on land the subject of a perpetual
lease issued under this Act or any Act repealed by this Act shall be of no
effect.
[Section 6 amended: No. 9 of 1960 s. 2; No. 6 of
1962 s. 2 ; No. 52 of 1972 s. 2; No. 11 of 1974 s. 2; No. 6 of 1994 s. 13;
No. 14 of 1995 s. 44; No. 8 of 2010 s. 34; No. 19 of 2010 s. 51.]