Western Australia
Land Administration Amendment Act 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 123 amended 2
5. Section 124A inserted 2
124A. Phasing in of increased rents after determination by Valuer‑General 2
6. Section 143 amended 3
7. Valuation of Land Act 1978 amended 4
5A. Unimproved value: pastoral leases 4
Western Australia
Land Administration Amendment Act 2009
No. 32 of 2009
An Act to amend the Land Administration Act 1997 and, in consequence, the Valuation of Land Act 1978.
[Assented to 26 November 2009]
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Land Administration Amendment Act 2009.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on the day after that day.
3. Act amended
Except as stated in section 7, this Act amends the Land Administration Act 1997.
4. Section 123 amended
In section 123(1) delete “section” and insert:
sections 124A and
5. Section 124A inserted
After section 123 insert:
124A. Phasing in of increased rents after determination by Valuer‑General
(1) In this section —
annual rent, for a pastoral lease, includes the rent determined under section 123 for the purposes of section 124(1)(a);
determination means a determination by the Valuer‑General under section 123;
determined annual rent means the annual rent for a pastoral lease that may be phased in by regulations made for the purposes of subsection (2).
(2) The regulations may provide for the phasing in of the annual rent for a pastoral lease that, as the result of a determination, is greater than the annual rent for the lease that applied immediately before the determination.
(3) Regulations made for the purposes of subsection (2) may provide that the annual rent payable for the pastoral lease is, instead of the determined annual rent, an amount —
(a) that is less than the determined annual rent; and
(b) that is calculated as set out in the regulations.
(4) Regulations made for the purposes of subsection (2) must have the effect that, within a period not greater than 3 years after the determination, the annual rent payable for the pastoral lease is an amount equal to the determined annual rent.
(5) Regulations made for the purposes of subsection (2) in relation to a determination as at 1 July 2009 may be expressed to have effect from that day despite that day being earlier than —
(a) the day on which the regulations are published in the Gazette; or
(b) the day on which the Land Administration Amendment Act 2009 section 5 comes into operation.
6. Section 143 amended
Delete section 143(2), (3) and (4).
7. Valuation of Land Act 1978 amended
(1) This section amends the Valuation of Land Act 1978.
(2) After section 4 insert:
5A. Unimproved value: pastoral leases
(1) In this section —
pastoral lease has the meaning given in the Land Administration Act 1997 section 3(1).
(2) For the purposes of determining, for paragraph (b)(i) of the definition of unimproved value in section 4(1), the amount of the annual rental reserved by a pastoral lease, any effect on that amount that would result from regulations made for the purposes of the Land Administration Act 1997 section 124A(2) is to be disregarded.
