1Citation
These regulations may be cited as the Land Administration Regulations 1998.
These regulations may be cited as the Land Administration Regulations 1998.
These regulations come into operation on the day fixed under section 2(1) of the Act.
In this regulation —
marine navigational aid means a lighthouse or other structure intended to aid the navigation of vessels at sea and includes a helicopter landing pad if necessary to access the lighthouse or other structure by helicopter;
survey mark has the same meaning as in the Act section 268(3);
telecommunications network has the same meaning as in the Telecommunications Act 1997 (Commonwealth) section 7.
For the purposes of the definition of public utility services in section 3(1) of the Act, the following services are prescribed —
services provided by a telecommunications network;
services provided by a marine navigational aid;
geocentric datum services provided by a survey mark.
[Regulation 3 inserted: Gazette 6 Jul 2012 p. 3024.]
For the purposes of section 9(1)(d) of the Act, the classes of persons described in subregulation (2) are prescribed when the power to be delegated is —
a power of the Minister to give approval under section 18 of the Act to a proposed transaction involving Crown land; or
a power of the Minister to make a requirement under section 18(5) of the Act in connection with the proposed transaction.
The classes of persons are —
Ministers of the Crown responsible for Crown land transactions; and
persons responsible for Crown land transactions for which no Minister of the Crown is responsible; and
Ministers of the Crown responsible for a person described in paragraph (b); and
officers for whom —
a Minister described in paragraph (a); or
a person described in paragraph (b),
is responsible.
In subregulation (2) —
Crown land transaction means a transaction to which section 18 of the Act applies.
[Regulation 3A inserted: Gazette 20 Nov 1998 p. 6268; amended: SL 2024/119 r. 4.]
For the purposes of section 9(1)(d) of the Act, the following persons are prescribed —
the Commissioner within the meaning of section 6 of the Main Roads Act 1930;
officers of the Commissioner appointed under section 10(1) of the Main Roads Act 1930;
the Minister responsible for the administration of the Transfer of Land Act 1893;
officers designated under Part I of the Transfer of Land Act 1893;
officers of the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;
the Minister responsible for the administration of the Conservation and Land Management Act 1984;
public service officers of the department of the Public Service principally assisting in the administration of the Conservation and Land Management Act 1984.
[Regulation 3B inserted: Gazette 27 Jun 2003 p. 2396; amended: Gazette 16 Nov 2004 p. 5068; 29 Dec 2006 p. 5896; 16 Jul 2013 p. 3247‑8; SL 2024/119 r. 5.]
If the Minister delegates under section 9(1) of the Act a power conferred or duty imposed by the Act to convey or transfer the fee simple in Crown land, the delegation is subject to the conditions that —
subject to regulation 12, the advice of the Valuer‑General as to the market value of the land is obtained, and regard is had to that advice when the price for which the fee simple in the land is to be conveyed or transferred is determined; or
the fee simple in the land is conveyed or transferred —
by public auction, public tender or any other process in which the public is given an opportunity to participate; or
by private treaty for a price that is not less than 90% of the price determined, on the advice of the Valuer‑General, as the reserve price of the land for a public auction at which the bidding did not reach that reserve price; or
in accordance with a recommendation of an advisory panel appointed by the Minister under section 73 of the Act.
[Regulation 4 amended: Gazette 10 Apr 2001 p. 2074.]
[4A. Deleted: Gazette 18 Sep 2009 p. 3619.]
The circumstances and conditions prescribed for the purposes of section 18(7)(b) of the Act in relation to a transaction being the grant of any further sublease in respect of the land that is the subject of Sublease G362051 are that —
under Sublease G362051 the consent of the Minister and the Sublessor to the grant of the sublease is not required; and
the Sublessee under Sublease G362051 has granted, or consented to the grant of, the sublease; and
the provisions of the sublease are consistent with the provisions of Sublease G362051.
The circumstances and conditions prescribed for the purposes of section 18(7)(b) of the Act in relation to a transaction being the assignment, sale, transfer or other dealing with a sublease mentioned in subregulation (1) are that —
under Sublease G362051 the consent of the Minister and the Sublessor to the transaction is not required; and
the Sublessee under Sublease G362051 has consented to the transaction.
[Regulation 5A inserted: Gazette 18 Sep 2009 p. 3619-20.]
The circumstances and conditions prescribed for the purposes of section 18(7)(b) of the Act in relation to a transaction being the grant of a lease, sublease, licence or sublicence in respect of part of the land within Reserve 38665 are that —
Reserve 38665 is subject to a management order at the time the grant takes effect; and
the grant is in respect of residential premises under a retirement village scheme as defined in the Retirement Villages Act 1992 section 3(1); and
the management body for Reserve 38665 is a local government at the time the grant takes effect; and
in the case of the grant of a sublease, licence or sublicence, the management body for Reserve 38665 has consented to the grant; and
in the case of the grant of a lease or licence, the term of the lease or licence (including the further term that would apply if any applicable option to renew were exercised) is not longer than the term permitted under the management order for Reserve 38665 subsisting at the time the lease or licence takes effect.
The circumstances and conditions prescribed for the purposes of section 18(7)(b) of the Act in relation to a transaction being the assignment, sale, transfer or other dealing with or disposal of a lease, sublease, licence or sublicence mentioned in subregulation (1), or the mortgage of a lease mentioned in subregulation (1) are that —
Reserve 38665 is subject to a management order at the time the transaction takes effect; and
the transaction is in respect of residential premises under a retirement village scheme as defined in the Retirement Villages Act 1992 section 3(1); and
the management body for Reserve 38665 is a local government at the time the transaction takes effect.
[Regulation 5B inserted: Gazette 18 Sep 2009 p. 3620-1.]
The circumstances and conditions prescribed for the purposes of section 18(7)(b) of the Act in relation to a transaction being the grant of any sublease in respect of the land that is the subject of Lease I953026 are that —
the sublease is for the purpose of short stay residential accommodation, in a hotel room, hotel suite or serviced apartment, only; and
under Lease I953026 the consent of the lessor to the grant of the sublease is not required; and
the lessee under Lease I953026 has granted, or consented to the grant of, the sublease; and
the provisions of the sublease are consistent with the provisions of Lease I953026; and
the sublease contains the provisions, and the provisions are in a form, that have been approved by the Minister as being required for subleases mentioned in this subregulation.
The circumstances and conditions prescribed for the purposes of section 18(7)(b) of the Act in relation to a transaction being the assignment, sale, transfer or other dealing with a sublease mentioned in subregulation (1) are that —
under Lease I953026 the consent of the lessor to the transaction is not required; and
the lessee under Lease I953026 has consented to the transaction.
[Regulation 5C inserted: Gazette 18 Sep 2009 p. 3621.]
The circumstances and conditions prescribed for the purposes of section 18(7)(b) of the Act in relation to a transaction being the grant of any sublease in respect of the land that is the subject of Lease I219828 are that —
the sublease is for residential purposes only; and
under Lease I219828 the consent of the lessor to the grant of the sublease is not required; and
the lessee under Lease I219828 has granted, or consented to the grant of, the sublease; and
the provisions of the sublease are consistent with the provisions of Lease I219828; and
the sublease contains the provisions, and the provisions are in a form, that have been approved by the Minister as being required for subleases mentioned in this subregulation.
The circumstances and conditions prescribed for the purposes of section 18(7)(b) of the Act in relation to a transaction being the assignment, sale, transfer or other dealing with a sublease mentioned in subregulation (1) are that —
under Lease I219828 the consent of the lessor to the transaction is not required; and
the lessee under Lease I219828 has consented to the transaction.
[Regulation 5D inserted: Gazette 18 Sep 2009 p. 3621-2.]
Reserve 26741 is land that is prescribed for the purposes of section 51A(1) of the Act.
[Regulation 5E inserted: Gazette 18 Sep 2009 p. 3622.]
Before requesting the Minister under section 52(1)(a) of the Act to acquire as Crown land any alienated land designated for a public purpose (the subject land), a local government —
must give to the Minister a written description of the proposed future disposition of the subject land after it has been acquired; and
must give to the Minister written confirmation that the local government has complied with section 52(3) of the Act.
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