Western Australian Land Authority Act 1992

All persons who were employed or engaged by a former body immediately before the commencement day are to be taken to be employed or engaged by the Authority under section 11 on the same terms and conditions, including the salary payable, as those on which they were employed or engaged immediately before the commencement day.

Subclause (1) applies to the General Manager holding office immediately before the commencement day under section 31 of the Act repealed by section 50(1)(c) but after the commencement day he or she does not by virtue of that subclause become the chief executive officer of the Authority.

On the publication of an order under section 51 such persons as the Minister determines who were employed or engaged immediately before that publication under section 15 of the Western Australian Development Corporation Act 1983 ⁴ in performing duties relating exclusively to property allocated to the Authority under that order are to be taken to have been employed or engaged by the Authority under section 11 on the same terms and conditions, including the salary payable, as those on which they were employed immediately before the publication of the order.

A person to whom subclause (1) or (3) applies retains all his or her existing and accruing rights (including rights under the Superannuation and Family Benefits Act 1938) ⁶ as if his or her employment or engagement under this Act were a continuation of his or her employment or engagement immediately before the commencement day.

Nothing in this clause prevents the exercise by the Authority after the commencement day of its powers in relation to the management of the staff of the Authority.

On the commencement day —

any property, whether within or outside the State, which was vested in a former body or, to which a former body was entitled immediately before that day vests in the Authority together with all claims, rights and remedies that the former body then had in respect of the property; and

the Authority becomes liable to pay, bear or discharge all the liabilities of a former body that are properly payable; and

the Authority is to take delivery of all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to the operations of a former body.

Anything commenced by a former body before the commencement day may be continued by the Authority, so far as it is authorised by this Act.

to which a former body was a party; or

which contains a reference to a former body,

the Authority were substituted for the former body as a party to the agreement or instrument; and

any reference in the agreement or instrument to a former body were (unless the context otherwise requires) a reference to the Authority.

The Registrar of Titles, the Registrar of Deeds, the Ministers respectively administering the Land Administration Act 1997 ⁷ and the Mining Act 1978, and any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or other property, are to take note of the provisions of this Schedule and section 51 and are empowered to record and register in the appropriate manner such of those documents as are necessary to give effect to this Schedule and section 51.

Without limiting subclause (1) a statement in an instrument executed by the Authority that any estate or interest in land or other property has become vested in it under this Schedule or section 51 is evidence of that fact.

In this clause the repealed Act means the Industrial Lands Development Authority Act 1966.

On and after the commencement day, the matters referred to in subclause (3) continue to be governed by the repealed Act (except section 14), notwithstanding its repeal, but —

the functions under that Act are to be performed, for the purposes of this clause, by the Authority established under this Act; and

references in that Act to the Fund are to be read as references to the Account referred to in section 31(2).

Those matters are —

land to which section 7B(1) of the repealed Act applied immediately before the commencement day other than such land as is freehold land under the Transfer of Land Act 1893 unless in respect of such last‑mentioned land —

a memorial remained registered under section 7D(1) of the repealed Act on the commencement day; or

immediately before the commencement day, a caveat under Part V of the Transfer of Land Act 1893 by the Industrial Lands Development Authority or its predecessors or the relevant Minister or a caveat under section 182(iii) of the Transfer of Land Act 1893 by the Registrar of Titles was in force;

any memorial that remained registered under section 7D(1) of the repealed Act on the commencement day in respect of land under the operation of the Transfer of Land Act 1893;

any injunction or interim injunction granted under section 8 of the repealed Act and in force immediately before the commencement day;

any land referred to in —

Part V of the Schedule to the repealed Act and not acquired by or transferred to the Industrial Lands Development Authority; or

Part VI of the Schedule to the repealed Act and not acquired by or transferred to that Authority from the State Planning Commission,

any advance made, or guarantee given, by the Treasurer under section 13 of the repealed Act and not repaid, or still in force, as the case may be, immediately before the commencement day.

For the purposes of subclause (3)(e), section 13(3) of the repealed Act is to be taken to continue to apply after the commencement day notwithstanding the repeal.

In this clause the repealed Act means the Industrial Development (Resumption of Land) Act 1945.

Land that was, immediately before the commencement day, dedicated under section 11 of the repealed Act is to be taken, on and after that day, to be land dedicated under section 21.

If a person was, immediately before the commencement day, a proprietor, purchaser or lessee of land to whom section 13 of the repealed Act applied, that section continues, after that day, to apply to the person while he or she continues to be the proprietor, purchaser or lessee of the land in question.

All land —

to which section 14 of the repealed Act applied immediately before the commencement day; and

in respect of which immediately before that day a caveat under Part V of the Transfer of Land Act 1893 by the Industrial Lands Development Authority or its predecessors or the relevant Minister or a caveat under section 182(iii) of the Transfer of Land Act 1893 by the Registrar of Titles was in force,

Any such caveat shall on and after the commencement day be deemed to be a memorial registered under section 26 in respect of that land and to have ceased to be a caveat in force under Part V or section 188(iii) of the Transfer of Land Act 1893.

The accountable authority, within the meaning in the Financial Administration and Audit Act 1985 ⁸, of a former body is to report in respect of that body as required by section 66 of that Act, but limited to the period from the preceding 1 July to the commencement day, and Division 14 of Part II of that Act applies as if that period were a full financial year.

A former body and its accountable authority as constituted immediately before the commencement day continues in existence for the purpose of subclause (1) and for that purpose only.

The Authority is to arrange for the provision of such clerical and other assistance as is reasonably required for the purpose of subclause (1).