Western Australian Numbered Acts Western Australian Numbered Acts After Schedule 2
the following Schedule is inserted —
“
Schedule 3 -- Crown grants, Crown reserves, and Crown leases made or created
before the Land Act 1933
[s. 284]
In this Schedule,
unless the contrary intention appears —
"land reserved" means land reserved under the
Land Act 1898 or an Act or regulation repealed by section 2 of
the Land Act 1898 or by section 4 of the Land Act 1933 and
remaining so reserved immediately before the appointed day;
“ pre-1933 legislation ” has the same
definition as it has in section 283.
2. Crown grants made before the Land Act 1933
(1) A Crown grant
conveying to the grantee a portion of Crown land in fee simple of any reserve
granted under pre-1933 legislation and subsisting immediately before the
appointed day is to be taken to be land transferred in fee simple subject to
conditions referred to in section 75(1) of this Act but subject
to —
(a) the
same conditions and with the same purpose as the fee simple so granted except
that any condition under which the consent of the Governor is required is
taken instead to be a condition under which the consent of the Minister is
required; and
(b) any
mortgage effected with the consent of the Governor before the appointed day.
(2) If the land
subject to a fee simple granted within the meaning of subclause (1) was
before the appointed day mortgaged with the consent of the Governor and, after
that land has become land transferred in fee simple subject to conditions
under that subclause, the mortgagee completes the exercise of the power of
sale or foreclosure under that mortgage, that land is by virtue of this
subclause freed from the conditions and the purpose referred to in that
subclause.
(3) If land in fee
simple granted within the meaning of subclause (1) has a classification
of Class A under section 2(1) of the Permanent Reserves Act 1899 the
land is to be taken to be, and to have been on and from the appointed day,
land that may be dealt with in the same manner as if it were a class A reserve
under Part 4 of this Act.
(4) If land in fee
simple granted within the meaning of subclause (1) has a classification
under section 2(2) or (3) of the Permanent Reserves Act 1899 as a
reserve other than as a Class A reserve that reservation is taken to have
been cancelled on and from the appointed day.
3. Crown reserves created before the
Land Act 1933
(1) Any land reserved
is to be taken to be land reserved under section 41 of this Act.
(2) Any land reserved
that was classified as a Class A reserve and remained so classified
immediately before the appointed day is to be taken to be, and to have been on
and from the appointed day, a class A reserve.
(3) Any land reserved
that was classified as a Class B reserve and remained so classified
immediately before the appointed day is to be taken to be, and to have been on
and from the appointed day, a Class B reserve under section 31 of
the repealed Act and remains so classified as if the repealed Act had not been
repealed until that reserve ceases to be so classified, or is cancelled, in
accordance with the repealed Act.
(4) For the purposes
of subclause (3), section 31(2) of the repealed Act is to be
construed as if that section —
(a)
enabled the Minister to cancel a reserve referred to in that subclause by
order made under this Act; and
(b)
required the Minister to present a special report under the proviso to that
section following that cancellation.
(5) Any land reserved
that was classified as a Class C reserve and remained so classified
immediately before the appointed day is to be treated as a reserve, but not an
A class reserve, within the meaning of this Act.
(6) A vesting order
made under section 42 of the Land Act 1898 and subsisting
immediately before the appointed day continues, subject to this Act, to
subsist, and is taken to have continued to so subsist on and from the
appointed day, as if that order were a management order or an order made under
section 46(3) or 59(5), as the case requires, of this Act.
(7) If, before the
appointed day, a vesting order that subsists under subclause (6) as if it
were an order made under section 46(3) did not require the
Governor’s consent to dealings in interests in the land the subject of
the order, the Minister’s approval to dealings in the land under
section 18 is not required.
(8) An order made
under section 43 of the Land Act 1898 and subsisting immediately before
the appointed day continues, subject to this Act, to subsist, and is taken to
have continued to so subsist on and from the appointed day, as if that order
were a management order.
(9) Where under an
Order in Council made under section 43 of the Land Act 1898 a board of
management has power to make, repeal and alter by-laws for the control and
management of a reserve —
(a) any
such by-laws in force before the appointed day continue in force until
repealed under this subclause or until the management order is revoked under
section 50, whichever first occurs; and
(b) the
board of management having control of the reserve may make, repeal, or alter
by-laws in relation to the reserve as if, and with effect as if,
section 43 of the Land Act 1898 had not been repealed.
4. Leases granted under the Land Act 1898
(1) Any lease for
999 years granted under section 42 of the Land Act 1898 and
subsisting immediately before the appointed day is to be taken to be and to
have been on and from the appointed day a lease granted under section 47
of this Act for the balance of its unexpired term, except that any condition
in the lease under which the consent of the Governor is required is to be
taken to be a condition under which the consent of the Minister is required.
(2) Any consent
referred to in subclause (1) given before the coming into operation of
section 47 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 with the Governor’s consent.
5. Other leases granted under pre-1933 legislation
(1) A lease of land or
a part of the land in a reserve granted under pre-1933 legislation subsisting
immediately before the appointed day is to be taken to be and to have been on
and from the appointed day a lease granted under section 47, except that
any condition in the lease under which the consent of the Governor is required
is to be taken to be a condition under which the consent of the Minister is
required.
(2) Any consent
referred to in subclause (1) given before the coming into operation of
section 47 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 with the Governor’s consent.
”.