Western Australian Current Regulations Western Australian Current Regulations (1) A holding shall
not be transferred, mortgaged or encumbered, except with the consent in
writing of the Minister being first had and obtained.
(2) Approval shall not
be given to any contract of sale or transfer of any holding, where the
consideration is a premium for the interest in a holding, unless all amounts
owing by the settler to the Minister or other Crown instrumentality, authority
or agent have first been paid.
(2a) Notwithstanding
the provisions of subregulation (2), where he is of opinion that the
circumstances of the case so warrant, the Minister may at his discretion
approve of any contract of sale of any holding without first requiring payment
of all amounts owing by the settler to the Minister or other Crown
instrumentality, authority or agent.
(3)(a) No contract of
sale, sub‑lease, conveyance or other dealing in respect to any holding
shall be entered into without the written approval of the Minister being first
had and obtained.
(b)
Where a settler commits a breach of this regulation the holding may be
forfeited by the Minister.
(4) Until the full
amount of any indebtedness to the Minister or other Crown instrumentality,
authority or agent has been paid in respect to a holding, the holding shall
not be mortgaged or otherwise encumbered other than to an authority or person
approved of by the Minister.
(5)(a) If, within the
first 5 years of acquiring a holding, on account of ill health or for any
other good reason, a lessee wishes to determine his interest in the holding,
he shall surrender the lease of the holding, in which event the lessee shall
be compensated by the Minister for any improvements effected by him which are
essential for the working of the holding, and from the amount of the
compensation moneys there shall be deducted any amount owing to any Crown
authority by the lessee.
(b) From
and after the first 5 years and up to 10 years of a holding being
acquired by a settler, a transfer of the holding shall not be approved other
than to an eligible and qualified person, unless it is proved to the
satisfaction of the Minister that there is no eligible and qualified person
willing to acquire the holding and capable of working it.
(6) In the event of
the insolvency or bankruptcy of a lessee during the first 5 years of
acquiring a holding the lease of the holding shall be surrendered and
re‑allotted to an eligible person; in the event of the insolvency or
bankruptcy of a lessee from and after the first 5 years and up to
10 years after he has acquired a holding, a holding shall not be
transferred to other than an eligible and qualified person, unless it is
proved to the satisfaction of the Minister that there is no eligible and
qualified person willing to acquire the holding and capable of working it, and
in the event of the death of a lessee a holding may be transferred to the
person entitled in distribution in intestacy or the lawful beneficiary of the
lessee under his will.
[Regulation 17 amended: Gazette
8 Nov 1962 p. 3677; 31 May 1966 p. 1422.]