Western Australian Numbered Acts Western Australian Numbered Acts (1) Section 18(1)
is amended as follows:
(a) by
deleting “without the prior approval in writing of the Minister”
and inserting instead —
“ without authorisation under subsection (7)
”;
(b) by
inserting after “land” —
“ or create or grant an interest in Crown land
”.
(2) Section 18(2)
is amended by deleting “without the prior approval in writing of the
Minister” and inserting instead —
“ without authorisation under subsection (7)
”.
(3) Section 18(3)
is amended by deleting “without the prior approval in writing of the
Minister” and inserting instead —
“ without authorisation under subsection (7)
”.
(4) Section 18(4)
is amended by deleting “without the prior approval in writing of the
Minister” and inserting instead —
“ without authorisation under subsection (7)
”.
(5) After
section 18(6) the following subsections are inserted —
“
(7) A person or lessee may make a transaction under
subsection (1), (2), (3) or (4) —
(a) with
the prior approval in writing of the Minister; or
(b) if
the transaction is made in circumstances, and in accordance with any
condition, prescribed for the purposes of this paragraph.
(8) This section does
not apply to a transaction relating to an interest in Crown land
if —
(a) that
land is set aside under, dedicated or vested for the purposes of an Act other
than this Act, and the transaction is authorised under that Act;
(b) that
interest may be created, granted, transferred or otherwise dealt with under an
Act other than —
(i)
this Act; or
(ii)
a prescribed Act;
(c) an
agreement, ratified or approved by another Act, has the effect that consent to
the transaction was not required under section 143 of the repealed Act;
or
(d) the
transaction is a lease, sublease or licence and the approval of the Minister
is not required under section 46(3b).
”.
(6) Despite
section 18(6) of the Land Administration Act 1997 , an
act —
(a) done
in contravention of section 18(1), (2), (3) or (4) of that Act on or
before the coming into operation of this section;
(b)
that, if it had been done after the coming into operation of this section,
would have required the approval in writing of the Minister; and
(c)
approved in writing by the Minister within 12 months, or such longer
period as may be prescribed under that Act, after the coming into operation of
this section,
is, and is taken
always to have been, as valid and effective as it would have been if the act
were done with the approval in writing of the Minister.
(7) Despite
section 18(6) of the Land Administration Act 1997 , an
act —
(a) done
in contravention of section 18(1), (2), (3) or (4) of that Act on or
before the coming into operation of this section; and
(b)
that, if it had been done after the coming into operation of this section,
would not have required the approval in writing of the Minister,
is, and is taken
always to have been, as valid and effective as it would have been if the act
were done with the approval in writing of the Minister.
(8) Despite
section 18(6) of the Land Administration Act 1997 , if within
12 months of the day on which this section comes into operation an act is
done in contravention of section 18(1), (2), (3), or (4) of that Act as
amended by this section that act is valid and effective if, within
12 months of the day on which this subsection comes into operation, the
Minister approves the act in writing.