Western Australian Numbered Acts Western Australian Numbered Acts (1) After
clause 16(1) to Schedule 2 the following subclauses are
inserted —
“
(1a) If, before the
appointed day, a vesting order that subsists under subclause (1) as if it
were an order made under section 46(3) did not require the
Governor’s or Minister’s consent to dealings in interests in land
the subject of the order, the Minister’s approval to dealings in the
land under section 18 is not required.
(1b) Any dealing
before the coming into operation of section 46 of the Land Administration
Amendment Act 2000 in an interest in land the subject of an order
referred to in subsection (1a) is taken to be, and always to have been,
as valid and effective as it would have been if done with the Minister’s
approval.
”.
(2) Clause 16(2)
to Schedule 2 is amended by deleting “Any” and inserting
instead —
“ Subject to subclause (2a), any ”.
(3) Clause 16(2)
to Schedule 2 is amended by deleting “ section 33(3)(a)”
and inserting instead —
“ section 33(2) ”.
(4) After
clause 16(2) to Schedule 2 the following subclauses are
inserted —
“
(2a) Any lease granted in compliance with a direction
referred to in section 33(2) of the repealed Act and subsisting
immediately before the appointed day which is in respect of land comprising
the whole or a part of the land in a reserve that has been cancelled continues
to subsist subject to this Act, and is taken to have so continued to subsist
on and from the appointed day, as if that lease were a lease continued under
section 22 of this Act.
(2b) Any lease granted
in compliance with a direction referred to in section 33(3)(a) of the
repealed Act and subsisting immediately before the appointed day continues to
subsist subject to this Act, and is taken to have so continued to subsist on
and from the appointed day, as if that lease were a lease granted under
section 47 of this Act.
(2c) If —
(a) a
lease granted in compliance with a direction referred to in
section 33(3)(a) of the repealed Act; or
(b) a
sublease made in compliance with a consent referred to in section 33(3a)
of the repealed Act,
subsisting immediately
before the appointed day is subject to a condition or limitation that required
the Governor’s consent or approval that condition or limitation is to be
taken instead to be a condition or limitation under which the consent or
approval of the Minister is required.
(2d) Any consent or
approval referred to in subclause (2c) given before the coming into
operation of section 46 of the Land Administration Amendment
Act 2000 by the Minister is taken to be, and always to have been, as
valid and effective as it would have been if given by the Governor.
”.
(5) Clause 16(3)
to Schedule 2 is amended as follows:
(a) by
deleting “referred to in section 46(3) of this Act” and
inserting instead —
“ referred to in section 47 of this Act
”;
(b) by
deleting “ section 46(3) of”.
(6) After
clause 17(2) to Schedule 2 the following subclauses are
inserted —
“
(3) On and from the appointed day any condition referred to
in subclause (1)(a) under which the Governor’s consent is required
is taken instead to be a condition under which the consent of the Minister is
required.
(4) Any consent
referred to in subclause (3) given before the coming into operation of
section 46 of the Land Administration Amendment Act 2000 by the
Minister is taken to be, and always to have been as, valid and effective as it
would have been if given by the Governor.
(5) If land in fee
simple granted within the meaning of subclause (1) has a classification
of Class A under section 31 of the repealed Act the land is, and is taken
since the appointed day to have been, land that may be dealt with in the same
manner as if it were a Class A reserve under Part 4 of this Act.
(6) If land in fee
simple granted within the meaning of subclause (1) has a classification
under section 31 of the repealed Act as a reserve other than as a Class A
reserve, that reservation is taken to have been cancelled on and from the
appointed day.
”.