Western Australian Numbered Acts Western Australian Numbered Acts (1) If a lessee of a
pastoral lease or a former lessee of a pastoral lease —
(a) was
given a notice under section 98(11) of the Land Act 1933 ; or
(b) was,
after 31 December 1995 and before the coming into operation of the
Land Administration Act 1997 , given notice in writing by the Minister
that the Minister would upon the expiration of the pastoral lease extend that
lease or grant to the lessee a new lease of the whole or part of the land the
subject of that lease,
then —
(c) that
notice is deemed to be, and always to have been, a valid and effective offer
of a lease or an extension of a lease, as the case may be;
(d) any
acceptance of that offer by the lessee is deemed to be and, in the case of an
offer accepted before the coming into operation of this section, always to
have been valid and effective; and
(e) any
lease or extension of a lease arising from an offer and acceptance referred to
in paragraphs (c) and (d) is deemed to be and always to have been
valid and effective.
(2) Without limiting
the effect of subsection (1) —
(a) the
offer is deemed to have been made to the person who at the time the notice was
given was the lessee of the lease in respect of which the notice was given;
(b) if
the offer was made in relation to a lease by reference to the name of a
station and not by reference to the location details of the land contained in
the lease or the registered number of the lease under the Transfer of Land
Act 1893 , the offer is deemed to have been made in relation to the land
contained in the registered lease applicable to that station at the time the
notice was given;
(c) if
the offer was for a lease or an extension of the lease, the term of the lease
or the extension offered is to be for the same term as the term of the
existing pastoral lease;
(d) the
annual rent payable for the lease or extension of a lease, as the case may be,
is to be and is taken always to have been determined under section 123 of
the Land Administration Act 1997 ;
(e) the
offer is to be regarded as being accepted in relation to the land contained in
the existing pastoral lease at the time the offer is accepted (other than any
land excluded under subsections (3) to (6)); and
(f)
unless otherwise provided in this subsection, the text and terms and
conditions of the lease or extension of the lease are the terms and conditions
specified in the notice given to the lessee.
(3) The Minister may
for a public purpose exclude land from a lease or extension of lease referred
to in subsection (1) by giving a notice in writing under
subsection (4) to the lessee, or the successor in title to
the lessee, (the "lessee") not later than 2 years after the day on which
this section comes into operation.
(4) The notice under
subsection (3) is to contain the following information —
(a) a
description of the area of land to be excluded from the lease;
(b) the
reason for the land being excluded from the lease;
(c) any
reduction in the rent payable under the lease as a result of the exclusion of
the land from the lease;
(d) any
proposed variation in the conditions of the lease as a result of the exclusion
of the land from the lease; and
(e) that
the land is to be excluded from the lease or extension concerned upon the
commencement of the lease or extension, as the case may be.
(5) If a lessee is
given a notice under subsection (4) the lessee may —
(a)
accept the conditions contained in the notice;
(b)
withdraw from the agreement to lease or to extend the lease; or
(c)
enter into negotiations with the Minister on the area to be excluded from the
lease or the rent to be paid as a result of the exclusion of the land from the
lease.
(6) If agreement is
not reached on the matters referred to in subsection (5)(5)(c) by the day that
is 2 years, or such other longer period as may, for the purposes of this
section, be prescribed under the Land Administration Act 1997 , after
the day on which the notice was given to the lessee
(the "final day"), the lessee is deemed to have withdrawn from the agreement
to lease or to extend the lease on the final day.
(7) If land is not to
be excluded from a lease or extension of a lease referred to in
subsection (1) for a public purpose under this section, the Minister may
give notice in writing to that effect to the lessee not later than
2 years after the day on which this section comes into operation.
(8) If a notice is not
given by the day specified in subsection (3) no land may be excluded from
the lease under that subsection.
“ existing pastoral lease ” means a
pastoral lease subsisting under the Land Act 1933 immediately before the
appointed day as defined in section 3(1) of the Land Administration
Act 1997 ;
“ public purpose ” has the same
definition as it has in section 143(10) of the
Land Administration Act 1997 .