Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) (a)
Subject to section 68 of the
Environmental Protection Act 1986 , to this section and to section 20B, a
person shall not, without the approval of the Commission, lay out, grant or
convey a street, road or way, or either lease or grant a licence to use or
occupy land for any term exceeding 10 years including any option to extend or
renew the term or period, or lease and grant a licence to use or occupy land
for terms in the aggregate exceeding 10 years, including any option to renew
or extend the terms or periods, or sell land or grant any option of purchase
of land, unless the land is dealt with by way of such lease, licence, sale or
option of purchase as a lot or lots, or subdivide any lot, or amalgamate any
lot with any other lot whether within the same district or otherwise; and the
Commission may give its approval under this paragraph subject to conditions
which shall be carried out before the approval becomes effective.
(b)
Where, after payment of consideration for any transaction relating to any
land, it is found that the transaction cannot be completed —
(i)
within a period of 6 months after the date of entering
into the transaction; or
(ii)
within such further period as is stipulated in the
transaction, or in a subsequent agreement in writing made by all the parties
to the transaction, or when the subsequent agreement is made after the death
of any of those parties, by the surviving party or parties and the legal
personal representative of any deceased party,
because the land
cannot be dealt with as a lot or as lots the person who paid the consideration
is entitled to a refund of the consideration from the person to whom it was
paid.
(c) This
subsection does not apply and never has applied to the grant of, or to the
transfer of or other dealing with or in, a mining tenement within the meaning
of the Mining Act 1904 4 or the Mining Act 1978 or a portion of such a mining
tenement or any shares therein.
(ca)
This subsection does not apply to —
(i)
the conferral of rights under section 34 of the
Dampier to Bunbury Pipeline Act 1997 ; or
(ii)
the issue of a distribution licence under Part 2A of the
Energy Coordination Act 1994 .
(d) In
subsection (1)(a) "land", in relation to the leasing or the granting of a
licence to use or occupy or, where applicable, the leasing and the granting of
such a licence, does not include the whole or a portion of a building where
—
(i)
the building was constructed pursuant to an approval
granted by a local government under the
Local Government (Miscellaneous Provisions) Act 1960 or an Act repealed by
that Act; and
(ii)
subject to paragraph (da), the leasing or the granting of
a licence does not relate to any land other than that building or portion, and
is for a term or period (including any option to renew or extend the same) not
exceeding 21 years.
(da) A
reference in paragraph (d) to the whole or a portion of a building includes a
reference to any area outside that whole or portion, which area is —
(i)
the subject of the same lease or licence to use or occupy
as that whole or portion or of a lease or licence to use or occupy entered
into or granted by the lessor of, or grantor of a licence to use or occupy,
that whole or portion; and
(ii)
used for the purpose of ingress to or egress from that
whole or portion, advertising, parking vehicles, storing goods, loading or
unloading goods or passengers or for any other purpose necessary or desirable
for the convenient occupation of that whole or portion.
(e) In
subsection (1)(a) "licence to use or occupy” does not include an
easement.
(1a) A person may
without the approval of the Commission lease or grant a licence to use or
occupy land for a term of any duration and otherwise than as a lot or lots if
that lease or licence belongs to a class of lease or licence for the time
being approved under subsection (1c) in respect of the person and complies
with such conditions as are imposed under that subsection in respect of that
approval.
(1b) A person may
apply to the Commission in writing for a class of lease or licence to use or
occupy land to be approved under subsection (1c) in respect of him.
(1c) On receiving an
application made under subsection (1b) the Commission may, having regard to
—
(a) the
nature of the interest proposed to be granted under leases or licences of the
class concerned;
(b) the
classification or zoning of the land to which leases or licences of the class
concerned will relate;
(c) the
proposed terms of leases or licences of the class concerned, whether for the
lives of the proposed lessees or licensees or for fixed periods;
(d) the
anticipated number or frequency of leases or licences of the class concerned;
and
(e) such
matters other than those referred to in paragraphs (a), (b), (c) and (d) as
the Commission considers relevant,
approve the class of
lease or licence concerned in respect of the applicant for the purposes of
subsection (1a), subject to such conditions as the Commission thinks fit to
impose in respect of that approval, or refuse so to approve that class.
(1d) The Commission
may at any time revoke or amend an approval given under subsection (1c) by
notice in writing of that revocation or amendment served on the person in
respect of whom or which that approval was given.
(2) The Registrar of
Titles shall not create or register a certificate of title under the
Transfer of Land Act 1893 for land the subject of a plan of subdivision unless
—
(a) in
the case of a plan of subdivision to which this Act applies, the diagram or
plan of survey of the subdivision of that land submitted to the Commission
under section 20AA; or
(b) in
the case of a plan of subdivision to which this Act does not apply, the
application for title concerned,
has been endorsed with
the approval of the Commission.
(3) A plan containing
one lot only shall be deemed a plan of subdivision provided that it is a
portion of the land comprised in a certificate of title, registered
conveyance, a Crown grant, a certificate of Crown land title, a qualified
certificate of Crown land title, or a lot on a registered plan.
(4) In the case of
land to which section 78 of the Heritage of Western Australia Act 1990 applies
—
(a) the
Commission shall not grant any application for its approval under this section
unless —
(i)
the requirements of subsection (1) and subsection (4) of
that section have been observed; and
(ii)
regard has been had to any advice received from the
Heritage Council;
(b) the
holder of any approval given by the Commission under this section shall not,
where subsection (2)(a) of that section applies, give effect to that approval
—
(i)
during such time as the operation of the approval is
suspended under that section; or
(ii)
otherwise than in accordance with subsection (2)(b) and
(c) of that section;
and
(c) in
relation to any place which is entered in the Register maintained by the
Heritage Council under that Act, any approval given shall be deemed to be
revoked pursuant to subsection (3) of that section.
(5) In giving its
approval under subsection (1)(a), the discretion of the Commission is not
fettered by the provisions of a town planning scheme except to the extent
necessary for compliance with an environmental condition relevant to the land
under consideration.
[Section 20 amended by No. 79 of 1956 s. 5; No. 79
of 1957 s. 2; No. 61 of 1958 s. 6; No. 98 of 1965 s. 4; No. 25 of 1967 s. 2;
No. 31 of 1969 s. 2; No. 34 of 1972 s. 3; No. 76 of 1978 s. 142; No. 89 of
1979 s. 4; No. 107 of 1978 s. 3(1); No. 120 of 1982 s. 10(1); No. 122 of 1982
s. 32; No. 32 of 1983 s. 5; No. 92 of 1985 s. 10; No. 26 of 1986 s. 5; No. 77
of 1986 s. 34; No. 97 of 1990 s. 16; No. 14 of 1996 s. 4; No. 23 of 1996 s.
50; No. 81 of 1996 s. 153(1); No. 31 of 1997 s. 86(3); No. 58 of 1999 s. 68;
No. 59 of 1999 s. 5.]