Land Administration Act 1997

Land Administration Regulations 1998

 

Land Administration Regulations 1998

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — General

3.Services prescribed (Act s. 3(1) public utility services)2

3A.Classes of persons prescribed (Act s. 9(1)(c)) for certain delegations2

3B.Persons prescribed (Act s. 9(1)(c))3

4.Conditions of delegation by Minister of powers to convey or transfer fee simple in Crown land (Act s. 9(1))4

5A.Certain City Arcade transactions etc. prescribed (Act s. 18(7)(b))5

5B.Certain Collier Park Retirement Complex transactions etc. prescribed (Act s. 18(7)(b))5

5C.Certain Perth Convention and Exhibition Centre transactions etc. prescribed (Act s. 18(7)(b))6

5D.Certain Old Swan Brewery transactions etc. prescribed (Act s. 18(7)(b))7

5E.Land prescribed (Act s. 51A(1))8

5.Procedures to be followed by local government before requesting acquisition of alienated land designated for public purpose (Act s. 52(1)(a))8

6.Procedures to be followed by local government before requesting acquisition of private road (Act s. 52(1)(b))9

7.Procedures to be followed by local government before requesting acquisition of alienated land in a townsite (Act s. 52(1)(c))10

8.Local government request to dedicate land as a road (Act s. 56), requirements for11

9.Local government request to close road permanently (Act s. 58(2)), requirements for12

10.Manner of advertising prescribed etc. for proposed mall reserve (Act s. 59)13

11.Manner of advertising prescribed etc. for cancelling mall reserve (Act s. 62)13

12.Procedure to be followed by Minister when determining and altering prices of Crown land (Act s. 74(2)(a))14

13.Requirements for entering joint ventures prescribed (Act s. 78(1))16

14.Conditions prescribed (Act s. 89)17

15.Pastoral leases, phasing in of increased rents for (Act s. 124A)17

16.Rate of interest prescribed (Act s. 125(4))18

17.Fees (Sch. 1)18

17A.Australian datum prescribed for determining Divisions of State (Act s. 5A)19

17B.Acts prescribed (Act s. 18(8)(b)(ii))20

17C.Stock prescribed (Act s. 93 authorised stock)20

17D.Longer period prescribed (Act 143(6g) etc.)20

17E.Circumstances prescribed (Act s. 75(7a))20

17F.Commonwealth agencies prescribed (Act s. 275A(1) public authority)21

Part 3 — Surveys

18.Terms used23

19.Doubts etc. about survey, duties of departmental surveyor as to23

20.Authorised land officer’s powers for Act s. 3223

21.Alternative methodology for authorised surveys in special cases24

22.Documents of departmental surveyor are Crown property24

23.Inconsistency with Licensed Surveyors (Guidance of Surveyors) Regulations 196125

Part 4 — Advisory panels

24.Terms used26

25.Members of panels26

26.Remuneration of members26

27.Term of office26

28.Member unable to act27

29.Calling of meetings27

30.Who presides at meetings27

31.Quorum27

32.Voting27

33.Minutes28

34.Telephone or video meetings28

35.How panel is to inform itself28

36.Public hearings28

37.Panel to determine own procedures29

38.Conflict of interest29

39.Confidentiality29

Schedule 1 — Fees payable to chief executive officer

Notes

Compilation table32

Defined terms

 

Land Administration Act 1997

Land Administration Regulations 1998

Part 1 — Preliminary

1.Citation

These regulations may be cited as the Land Administration Regulations 1998 1.

2.Commencement

These regulations come into operation on the day fixed under section 2(1) of the Act 1.

Part 2  General

3.Services prescribed (Act s. 3(1) public utility services)

(1)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.

(2)For the purposes of the definition of public utility services in section 3(1) of the Act, the following services are prescribed —

(a)services provided by a telecommunications network;

(b)services provided by a marine navigational aid;

(c)geocentric datum services provided by a survey mark.

[Regulation 3 inserted: Gazette 6 Jul 2012 p. 3024.]

3A.Classes of persons prescribed (Act s. 9(1)(c)) for certain delegations

(1)Persons of the classes described in subregulation (2) are prescribed for the purposes of section 9(1)(c) of the Act when the power to be delegated is —

(a)a power of the Minister to give approval under section 18 of the Act to a proposed transaction involving Crown land; or

(b)a power of the Minister to make a requirement under section 18(5) of the Act in connection with the proposed transaction.

(2)The classes of persons are —

(a)Ministers of the Crown responsible for Crown land transactions; and

(b)persons responsible for Crown land transactions for which no Minister of the Crown is responsible; and

(c)Ministers of the Crown responsible for a person described in paragraph (b); and

(d)officers for whom —

(i)a Minister described in paragraph (a); or

(ii)a person described in paragraph (b),

is responsible.

(3)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.]

3B.Persons prescribed (Act s. 9(1)(c))

For the purposes of section 9(1)(c) of the Act the following are prescribed persons —

(a)the Commissioner within the meaning of section 6 of the Main Roads Act 1930;

(b)officers of the Commissioner appointed under section 10(1) of the Main Roads Act 1930;

(ba)the Minister responsible for the administration of the Transfer of Land Act 1893;

(c)officers designated under Part I of the Transfer of Land Act 1893;

(d)officers of the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;

(e)the Minister responsible for the administration of the Conservation and Land Management Act 1984;

(f)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.]

4.Conditions of delegation by Minister of powers to convey or transfer fee simple in Crown land (Act s. 9(1))

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 —

(a)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

(b)the fee simple in the land is conveyed or transferred —

(i)by public auction, public tender or any other process in which the public is given an opportunity to participate; or

(ii)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

(iii)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.]

5A.Certain City Arcade transactions etc. prescribed (Act s. 18(7)(b))

(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 further sublease in respect of the land that is the subject of Sublease G362051 are that —

(a)under Sublease G362051 the consent of the Minister and the Sublessor to the grant of the sublease is not required; and

(b)the Sublessee under Sublease G362051 has granted, or consented to the grant of, the sublease; and

(c)the provisions of the sublease are consistent with the provisions of Sublease G362051.

(2)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 —

(a)under Sublease G362051 the consent of the Minister and the Sublessor to the transaction is not required; and

(b)the Sublessee under Sublease G362051 has consented to the transaction.

[Regulation 5A inserted: Gazette 18 Sep 2009 p. 3619-20.]

5B.Certain Collier Park Retirement Complex transactions etc. prescribed (Act s. 18(7)(b))

(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 a lease, sublease, licence or sublicence in respect of part of the land within Reserve 38665 are that —

(a)Reserve 38665 is subject to a management order at the time the grant takes effect; and

(b)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

(c)the management body for Reserve 38665 is a local government at the time the grant takes effect; and

(d)in the case of the grant of a sublease, licence or sublicence, the management body for Reserve 38665 has consented to the grant; and

(e)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.

(2)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 —

(a)Reserve 38665 is subject to a management order at the time the transaction takes effect; and

(b)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

(c)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.]

5C.Certain Perth Convention and Exhibition Centre transactions etc. prescribed (Act s. 18(7)(b))

(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 —

(a)the sublease is for the purpose of short stay residential accommodation, in a hotel room, hotel suite or serviced apartment, only; and

(b)under Lease I953026 the consent of the lessor to the grant of the sublease is not required; and

(c)the lessee under Lease I953026 has granted, or consented to the grant of, the sublease; and

(d)the provisions of the sublease are consistent with the provisions of Lease I953026; and

(e)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.

(2)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 —

(a)under Lease I953026 the consent of the lessor to the transaction is not required; and

(b)the lessee under Lease I953026 has consented to the transaction.

[Regulation 5C inserted: Gazette 18 Sep 2009 p. 3621.]

5D.Certain Old Swan Brewery transactions etc. prescribed (Act s. 18(7)(b))

(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 I219828 are that —

(a)the sublease is for residential purposes only; and

(b)under Lease I219828 the consent of the lessor to the grant of the sublease is not required; and

(c)the lessee under Lease I219828 has granted, or consented to the grant of, the sublease; and

(d)the provisions of the sublease are consistent with the provisions of Lease I219828; and

(e)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.

(2)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 —

(a)under Lease I219828 the consent of the lessor to the transaction is not required; and

(b)the lessee under Lease I219828 has consented to the transaction.

[Regulation 5D inserted: Gazette 18 Sep 2009 p. 3621-2.]

5E.Land prescribed (Act s. 51A(1))

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.]

5.Procedures to be followed by local government before requesting acquisition of alienated land designated for public purpose (Act s. 52(1)(a))

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 —

(a)must give to the Minister a written description of the proposed future disposition of the subject land after it has been acquired; and

(b)must give to the Minister written confirmation that the local government has complied with section 52(3) of the Act.

6.Procedures to be followed by local government before requesting acquisition of private road (Act s. 52(1)(b))

(1)Before requesting the Minister under section 52(1)(b) of the Act to acquire as Crown land any private road (the subject land), a local government —

(a)must give to the Minister written confirmation that the local government has resolved to make the request, details of the date when the relevant resolution was passed and any other information relating to that resolution that the Minister may require; and

(b)must give to the Minister written reasons as to why the local government proposes to request the Minister to acquire the subject land; and

(c)must give to the Minister and to the persons given notice under section 52(3)(a) of the Act a sketch plan showing the proposed future disposition of the subject land after it has been acquired; and

(d)must give to the Minister written advice that the local government has taken all reasonable steps to identify the persons who are required to be given notice under section 52(3)(a) of the Act; and

(e)must give to the Minister —

(i)copies of any submissions (other than objections given under section 52(2)(b) of the Act) relating to the proposed request to acquire the subject land that, after complying with the requirements to give notice and advertise under section 52(3) of the Act, the local government has received; and

(ii)the local government’s comments on those submissions;

and

(f)must give to the Minister written confirmation that the local government has complied with section 52(3) of the Act.

[(2)deleted]

[Regulation 6 amended: Gazette 16 Jun 2000 p. 2943.]

7.Procedures to be followed by local government before requesting acquisition of alienated land in a townsite (Act s. 52(1)(c))

Before requesting the Minister under section 52(1)(c) of the Act to acquire as Crown land any alienated land in a townsite that the Minister proposes to abolish (the subject land), a local government —

(a)must comply with regulation 6(1)(a), (b), (d), (e) and (f) as if those paragraphs were set out in this regulation; and

(b)without limiting section 52(3) of the Act, must advertise within the relevant townsite, in a notice placed on a signpost or otherwise in a manner approved by the Minister, the proposed request to acquire the subject land; and

(c)must give to the Minister a written description of the proposed future disposition of the subject land after it has been acquired; and

(d)must give written notice that the local government proposes to request the Minister to acquire the subject land to —

(i)the Heritage Council of Western Australia established under the Heritage of Western Australia Act 1990; and

(ii)The National Trust of Australia (W.A.) established under the National Trust of Australia (W.A.) Act 1964.

8.Local government request to dedicate land as a road (Act s. 56), requirements for

For the purposes of preparing and delivering under section 56(2)(a) of the Act a request to the Minister to dedicate land as a road, a local government must include with the request —

(a)written confirmation that the local government has resolved to make the request, details of the date when the relevant resolution was passed and any other information relating to that resolution that the Minister may require; and

(b)if an application has been made to the local government under section 56(1)(b)(ii) of the Act, a copy of the application and details of the rateable value of all the rateable land relevant to the application; and

(c)if the request is made in respect of a private road referred to in section 56(1)(c) of the Act —

(i)written confirmation that the public has had uninterrupted use of the private road for a period of not less than 10 years; and

(ii)a description of the section or sections of the public who have had that use; and

(iii)a description of how the private road is constructed;

and

(d)copies of any submissions relating to the request that the local government has received, and the local government’s comments on those submissions; and

(e)any other information the local government considers relevant to the Minister’s consideration of the request; and

(f)written confirmation that the local government has complied with section 56(2) of the Act.

9.Local government request to close road permanently (Act s. 58(2)), requirements for

For the purposes of preparing and delivering under section 58(2) of the Act a request to the Minister to close a road permanently, a local government must include with the request —

(a)written confirmation that the local government has resolved to make the request, details of the date when the relevant resolution was passed and any other information relating to that resolution that the Minister may require; and

(b)sketch plans showing the location of the road and the proposed future disposition of the land comprising the road after it has been closed; and

(c)copies of any submissions relating to the request that, after complying with the requirement to publish the relevant notice of motion under section 58(3) of the Act, the local government has received, and the local government’s comments on those submissions; and

(d)a copy of the relevant notice of motion referred to in paragraph (c); and

(e)any other information the local government considers relevant to the Minister’s consideration of the request; and

(f)written confirmation that the local government has complied with section 58(2) and (3) of the Act.

10.Manner of advertising prescribed etc. for proposed mall reserve (Act s. 59)

(1)A local government must advertise the purpose and details of a request to reserve Crown land under section 59(1) of the Act as a mall reserve —

(a)in a newspaper circulating in the local government district in which the land is situated; and

(b)in a notice placed on a signpost on the land or otherwise in a manner approved by the Minister.

(2)A local government must include with the request it sends to the Minister under section 59(3) of the Act —

(a)written confirmation that the local government has resolved to make the request, details of the date when the relevant resolution was passed and any other information relating to that resolution that the Minister may require; and

(b)a copy of the advertisement as it appeared in the newspaper referred to in subregulation (1)(a); and

(c)a sketch plan describing the extent of the proposed mall reserve; and

(d)any other information the local government considers relevant to the Minister’s consideration of the request; and

(e)written confirmation that the local government has complied with section 59(2) and (3) of the Act.

11.Manner of advertising prescribed etc. for cancelling mall reserve (Act s. 62)

(1)A management body must advertise the purpose and details of a request to cancel a mall reserve under section 62(1) of the Act —

(a)in a newspaper circulating in the local government district in which the mall reserve is situated; and

(b)in a notice placed on a signpost, or otherwise in a prominent position, within the mall reserve; and

(c)in a notice sent to each holder of an interest granted in respect of the mall reserve of the kind referred to in subregulation (2)(c).

(2)The management body is to include with the request it sends to the Minister under section 59(3) of the Act (as read with section 62(2) of the Act) —

(a)written confirmation that the management body has resolved to make the request, details of the date when the relevant resolution was passed and any other information relating to that resolution that the Minister may require; and

(b)a copy of the advertisement as it appeared in the newspaper referred to in subregulation (1)(a); and

(c)written details of any lease, sublease, licence or mortgage that has been granted in respect of the mall reserve; and

(d)any other information the management body considers relevant to the Minister’s consideration of the request; and

(e)written confirmation that the management body has complied with section 59(2) and (3) of the Act (as read with section 62(2) of the Act).

12.Procedure to be followed by Minister when determining and altering prices of Crown land (Act s. 74(2)(a))

(1)For the purposes of determining or altering the price or reserve price of any Crown land under section 74(2)(a) of the Act, the Minister must obtain and have regard to the advice of the Valuer‑General as to the market value of the land.

(2)Subregulation (1) does not apply to Crown land that was a private road that became Crown land under section 52 of the Act if —

(a)the land is being sold at the request of the local government within whose district the land is situated; and

(b)the purpose of the sale is to allow the land to be amalgamated with adjoining land held in fee simple for the purpose of reducing crime or anti‑social behaviour; and

(c)an adjoining land owner did not request the acquisition of the private road under section 52 of the Act for a purpose other than a purpose referred to in paragraph (b); and

(d)the land is being sold to an adjoining land owner.

(3)Subregulation (1) does not apply to —

(a)Crown land that was vested in the Crown under section 20A of the Town Planning and Development Act 1928 2 as a right of way or pedestrian access way; or

(b)land referred to in section 167A(2)(b) of the Transfer of Land Act 1893; or

(c)land shown and marked on a plan of subdivision of Crown land as a pedestrian accessway, right of way, or other similar use,

if —

(d)the land is being sold at the request of the local government within whose district the land is situated; and

(e)the purpose of the sale is to allow the land to be amalgamated with adjoining land held in fee simple for the purpose of reducing crime or antisocial behaviour; and

(f)an adjoining land owner did not request the sale of the land for a purpose other than a purpose referred to in paragraph (e); and

(g)the land is being sold to an adjoining land owner.

(4)Subregulation (1) does not apply if, after having regard to —

(a)the location of the relevant Crown land; and

(b)the area of the relevant Crown land; and

(c)the value of land adjoining or in the neighbourhood of the relevant Crown land; and

(d)other factors that might affect the value of the relevant Crown land,

the Minister is of the opinion that the market value of the relevant Crown land is less than $1 000.

[Regulation 12 amended: Gazette 16 Jun 2000 p. 2943‑5; 5 Mar 2004 p. 699.]

13.Requirements for entering joint ventures prescribed (Act s. 78(1))

(1)The Minister may enter into a joint venture with another person (the other joint venturer) under section 78(1) of the Act for the purpose of developing and selling Crown land if the other joint venturer —

(a)is a local government or a State instrumentality; or

(b)is a person —

(i)who is the holder of the freehold in land adjoining the Crown land to be developed and sold by the joint venture; and

(ii)whose financial circumstances and professional standing are considered by the Minister to be satisfactory for the purposes of the joint venture;

or

(c)is determined by public tender or any other process in which the public is given an opportunity to participate.

(2)Before Crown land that is developed by a joint venture entered into by the Minister under section 78(1) of the Act is sold, the Minister must obtain and have regard to the advice of the Valuer‑General as to the market value of the land.

14.Conditions prescribed (Act s. 89)

If the Minister grants an application under section 89(1) of the Act by the holder of a lease, other than a pastoral lease, of any Crown land to purchase —

(a)the fee simple of the Crown land; or

(b)an option to purchase that fee simple,

the holder of the lease —

(c)must comply with all the terms and conditions of the lease, other than any term or condition specified by the Minister in writing; and

(d)must consult the local government, or each local government, within the district of which the whole, or any portion, of the Crown land is situated; and

(e)must ensure that there is a means of lawful access (whether by road, easement, right of way or otherwise) —

(i)to the Crown land; or

(ii)if the Crown land is to be amalgamated with other land under section 87 of the Act, to that other land.

15.Pastoral leases, phasing in of increased rents for (Act s. 124A)

(1)This regulation applies, for the purposes of section 124A of the Act, to the annual rent for a pastoral lease (the 2009 determined rent) that, as the result of a determination under section 123 of the Act as at 1 July 2009, is greater than the annual rent for the lease (the 2004 determined rent) that applied immediately before that determination.

(2)Instead of the 2009 determined rent, the annual rent payable for the pastoral lease —

(a)as at 1 July 2009 is the amount calculated as set out in subregulation (3); and

(b)as at 1 July 2010 is the amount calculated as set out in subregulation (4).

(3)The annual rent for the pastoral lease as at 1 July 2009 is the amount equal to the sum of —

(a)the 2004 determined rent; and

(b)one third of the difference between the 2009 determined rent and the 2004 determined rent.

(4)The annual rent for the pastoral lease as at 1 July 2010 is the amount equal to the sum of —

(a)the annual rent as at 1 July 2009, calculated as set out in subregulation (3); and

(b)one third of the difference between the 2009 determined rent and the 2004 determined rent.

(5)The annual rent for the pastoral lease as at 1 July 2011 is the 2009 determined rent.

[Regulation 15 inserted: Gazette 24 Dec 2009 p. 5298.]

16.Rate of interest prescribed (Act s. 125(4))

The rate of interest for the purposes of section 125(4) of the Act is 10% a year, calculated daily.

17.Fees (Sch. 1)

(1)The fees set out in Schedule 1 are payable to the chief executive officer in relation to the services provided by the Department for and on behalf of the Minister that are mentioned in that Schedule.

(1A)For the purposes of Schedule 1 item 1 —

(a)a permit under Part 7 Division 5 of the Act is classified as moderate; and

(b)any other document to which that item applies is classified as simple, moderate or complex according to the Minister’s assessment of the costs incurred by the Department in the preparation of a document of that kind.

(2)The Minister may waive —

(a)the fee payable for a survey of land under item 9 of Schedule 1, if the survey is required in respect of roads through Crown land; or

(b)a fee payable under any other item of Schedule 1, if the Minister considers that it is in the public interest to do so.

[Regulation 17 amended: Gazette 10 Apr 2001 p. 2074; 27 Jun 2017 p. 3436.]

17A.Australian datum prescribed for determining Divisions of State (Act s. 5A)

(1)The position on the surface of the Earth of the Divisions referred to in section 6 of the Act are determined by reference to the Australian Geodetic Datum (the AGD).

(2)For the purposes of subregulation (1), the AGD is defined by an ellipsoid having a semi‑major axis (equatorial radius) of 6 378 160 metres and a flattening of 1/298.25 and fixed by the position of the origin being the Johnston Geodetic Station in the Northern Territory of Australia.

(3)The Johnston Geodetic Station is taken to be situated at —

(a)25° 56′ 54.5515″ south latitude and 133° 12′ 30.0771″ east longitude; or

(b)where decimal reckoning is used, 25° 56.90919′ south latitude and 133° 12.50129′ east longitude,

and to have a ground level elevation of 571.2 metres above the ellipsoid referred to in subregulation (2).

[Regulation 17A inserted: Gazette 15 Dec 2000 p. 7209‑10.]

17B.Acts prescribed (Act s. 18(8)(b)(ii))

For the purposes of section 18(8)(b)(ii) of the Act, the following Acts are prescribed —

(a)the Carbon Rights Act 2003;

(b)the Local Government Act 1995;

(c)the Tree Plantation Agreements Act 2003.

[Regulation 17B inserted: Gazette 10 Apr 2001 p. 2074; amended: Gazette 18 Sep 2009 p. 3622.]

17C.Stock prescribed (Act s. 93 authorised stock)

For the purposes of the definition of authorised stock in section 93 of the Act the following stock is prescribed —

(a)sheep (ovis aries); and

(b)cattle (bos indicus, bos taurus); and

(c)horses (equus caballas); and

(d)goats (capra hircus); and

(e)stock kept for domestic or household use.

[Regulation 17C inserted: Gazette 10 Apr 2001 p. 2074; amended: Gazette 27 Aug 2002 p. 4355.]

17D.Longer period prescribed (Act 143(6g) etc.)

A period longer than 2 years is prescribed for the purposes of —

(a)section 143(6g) of the Act; and

(b)section 48(6) of the Land Administration Amendment Act 2000,

that has the effect that the final day referred to in those provisions is 17 December 2004.

[Regulation 17D inserted: Gazette 24 Nov 2004 p. 5255‑6.]

17E.Circumstances prescribed (Act s. 75(7a))

(1)In this regulation —

Jolimont land means Lots 101 and 102 on Deposited Plan 404549, being the whole of the land in Certificate of Title Volume 2890 Folio 6 and Certificate of Title Volume 2890 Folio 7;

Narrogin land means any of the following —

(a)Lot 36 on Deposited Plan 222890, being the whole of the land in Certificate of Title Volume 411 Folio 169;

(b)Lot 206 on Deposited Plan 222890, being the whole of the land in Certificate of Title Volume 444 Folio 127;

(c)Lot 46 on Deposited Plan 222890 and portion of Lot 264 on Deposited Plan 110059, being the whole of the land in Certificate of Title Volume 1908 Folio 583.

(2)The Minister may exercise the power described in section 75(7a) of the Act if the application under section 75(7) of the Act is made by the Shire of Narrogin in respect of Narrogin land.

(3)The Minister may exercise the power described in section 75(7a) of the Act if the application under section 75(7) of the Act is made by the Western Australian Land Authority in respect of Jolimont land.

[Regulation 17E inserted: Gazette 6 Sep 2016 p. 3826‑7; amended: Gazette 6 Sep 2016 p. 3825-6.]

17F.Commonwealth agencies prescribed (Act s. 275A(1) public authority)

For the purposes of the definition of public authority in section 275A(1) of the Act, the following Commonwealth agencies are prescribed —

(a)the Australian Electoral Commission established by the Commonwealth Electoral Act 1918 (Commonwealth);

(b)the Australian Air Force established by the Defence Act 1903 (Commonwealth);

(c)the Australian Regular Army established by the Defence Act 1903 (Commonwealth);

(d)the Australian Bureau of Statistics established by the Australian Bureau of Statistics Act 1975 (Commonwealth);

(e)the Commonwealth agency known as Centrelink at the time the Land Administration Amendment Regulations 2012 came into operation 1;

(f)the department of the Commonwealth public service principally assisting the Commonwealth Minister in the administration of any of the following Acts —

(i)the Primary Industries Levies and Charges Collection Act 1991;

(ii)the Quarantine Act 1908;

(iii)the Export Control Act 1982;

(iv)the Imported Food Control Act 1992.

[Regulation 17F inserted: Gazette 6 Jul 2012 p. 3024‑5.]

Part 3  Surveys

18.Terms used

In this Part —

authorised survey means an authorised survey within the meaning of the Licensed Surveyors Act 1909;

departmental surveyor means a person employed or engaged by the Department to carry out a survey;

survey means an authorised survey, or any other survey, carried out for the purposes of the Act.

19.Doubts etc. about survey, duties of departmental surveyor as to

A departmental surveyor carrying out a survey must give written notice to the chief executive officer of the Department of —

(a)any doubts about the survey; and

(b)any discrepancies found in existing surveys, data or plans; and

(c)any difficulties encountered while carrying out the survey; and

(d)any other matters adversely affecting the Crown,

as soon as practicable after they come to the surveyor’s attention.

20.Authorised land officer’s powers for Act s. 32

(1)For the purposes of section 32 of the Act, an authorised land officer may, by written notice given within 2 years after the survey was lodged, require a departmental surveyor to amend, or to provide more information in relation to, a survey.

(2)If a departmental surveyor (surveyor at fault) does not make the amendment or provide the information within the time specified in the notice the authorised land officer may —

(a)arrange for another surveyor to make the amendment or provide the information; and

(b)by written notice require the surveyor at fault to pay the costs of having the amendment made, or the information provided, by the other surveyor.

(3)If the surveyor at fault does not pay those costs within the time specified in the notice, the authorised land officer may recover the costs as a debt due to the Crown by action in a court of competent jurisdiction.

21.Alternative methodology for authorised surveys in special cases

(1)An authorised land officer may, by written notice, authorise a departmental surveyor to carry out an authorised survey in a manner different from that required by the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 if the officer is satisfied that —

(a)the value of the relevant land does not justify carrying out a survey in the manner required by those regulations; or

(b)the nature of the relevant land makes it impracticable to carry out a survey in the manner required by those regulations; or

(c)other special circumstances exist that justify carrying out the survey in a manner different from that required by those regulations.

(2)An authorised land officer may vary or revoke an authorisation under this regulation at any time by giving written notice to the departmental surveyor to whom the authorisation was granted.

22.Documents of departmental surveyor are Crown property

All documents (including surveys, plans, digital information, field books and notes, and sketches) created by a departmental surveyor in the course of carrying out a survey, and all information contained in those documents, are the property of the Crown.

23.Inconsistency with Licensed Surveyors (Guidance of Surveyors) Regulations 1961

If there is any inconsistency between these regulations and the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 in relation to the manner in which a survey is to be carried out, these regulations prevail to the extent of the inconsistency.

Part 4  Advisory panels

24.Terms used

In this Part —

member means a member of a panel;

panel means an advisory panel appointed under section 73 of the Act;

relevant matter means a matter in respect of which a panel has been appointed to advise the Minister.

25.Members of panels

A panel is to consist of 3 members, or any greater number that the Minister thinks fit, one of whom is to be appointed by the Minister as chairperson.

26.Remuneration of members

A member, other than an officer of the Department, is to be paid the remuneration and travelling and other allowances determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner.

[Regulation 26 amended: Gazette 11 Feb 2011 p. 506‑7.]

27.Term of office

(1)Subject to subregulations (3) and (4), a member holds office for the term specified in the member’s instrument of appointment.

(2)A member’s term of office may be expressed as expiring when the panel to which the member is appointed has finished providing advice to the Minister on all relevant matters.

(3)A member may resign by giving written notice to the Minister.

(4)The Minister may remove a member from a panel if the Minister is satisfied that the member has neglected, or is incapable of properly performing, his or her functions as a member of the panel.

28.Member unable to act

(1)If a member, other than the chairperson, is unable to act by reason of illness, absence or other cause, the Minister may appoint another person to act temporarily in his or her place and, while acting according to the tenor of his or her appointment, that other person is to be taken to be a member.

(2)No act or omission of a person acting in place of a member under subregulation (1) is to be questioned on the ground that the occasion for his or her appointment or acting had not arisen or had ceased.

29.Calling of meetings

The chairperson of a panel must convene a meeting of the panel —

(a)when directed by the Minister to do so; and

(b)at any other times determined by the panel.

30.Who presides at meetings

The chairperson of a panel must preside at all meetings of the panel.

31.Quorum

A quorum for a meeting of a panel is all members of the panel.

32.Voting

(1)At a meeting of a panel a decision of a majority of members is the decision of the panel.

(2)Subject to subregulation (3), at a meeting of a panel each member has one vote.

(3)If the votes cast on a question are equally divided, the chairperson has a casting vote.

33.Minutes

A panel must cause accurate minutes to be kept of the proceedings at its meetings.

34.Telephone or video meetings

A meeting of a panel may be held by telephone, video link‑up or other electronic means if each member is able to communicate with every other member instantaneously at all times during the meeting.

35.How panel is to inform itself

(1)A panel may inform itself about a relevant matter in any manner it considers appropriate, including —

(a)accepting oral or written submissions; and

(b)reading documents; and

(c)holding public hearings under regulation 36.

(2)A panel must take reasonable steps (such as the publication of a public notice) to ensure that persons who may have an interest in a relevant matter are notified that the panel is considering the matter and will accept submissions in relation to it.

(3)If a person notifies the chairperson in writing that he or she wishes to make a submission on a relevant matter, the panel must give the person a reasonable opportunity to do so.

(4)A person must not provide information to a panel that the person knows to be —

(a)false or misleading in a material particular; or

(b)likely to deceive in a material way.

Penalty: $1 000.

[Regulation 35 amended: Gazette 5 Mar 2004 p. 700.]

36.Public hearings

(1)A panel may conduct public hearings in order to obtain information in relation to a relevant matter.

(2)A panel must take reasonable steps to publicize a public hearing.

(3)A person must not cause a disturbance during a public hearing.

Penalty: $500.

(4)The chairperson may cause to be removed from a public hearing any person the panel considers is causing a disturbance during the hearing.

37.Panel to determine own procedures

Subject to these regulations and any directions of the Minister, the panel may determine its own procedures.

38.Conflict of interest

A member who has a material personal interest in a relevant matter —

(a)must resign from the panel as soon as possible after the relevant facts have come to the member’s knowledge; and

(b)must take no further part in the panel’s proceedings in relation to that matter.

Penalty: $1 000.

39.Confidentiality

A person who is, or has been, a member must not, directly or indirectly, record, disclose or make use of any information obtained in the course of his or her membership except —

(a)for the purpose of performing his or her functions under the Act or these regulations; or

(b)as otherwise required or allowed by law; or

(c)with the written consent of the person to whom the information relates.

Penalty: $1 000.

 

Schedule 1 — Fees payable to chief executive officer

[Regulation 17]

 

$

1.For preparing a lease or, subject to item 8, any other document prepared for the purposes of the Act —

 

(a)simple document

143.00

(b)moderate document

536.00

(c)complex document

976.00

1A.For an application for the issue of a permit under the Act Part 7 Division 5

151.00

2.For inspecting a lease (of less than 12 months) of Crown land

12.00

3.For copying a lease (of less than 12 months) of Crown land

12.00

4.For searching a licence granted under the Act

12.00

5.For advertising by the Minister under the Act — 

 

(a)minimum fee

85.00

(b)plus any additional amount by which the cost of advertising is greater than $85.00 (payable when the cost is known)

 

6.For certifying a copy of any document prepared for the purposes of the Act

60.00

7.For arranging the postal delivery of any material for which a fee is payable under this Schedule — 

 

(a)if the material is sent within Australia and is not greater than 50 grams

 9.00

(b)if the material is sent outside Australia or is greater than 50 grams

 9.00

plus any additional costs incurred, as assessed by the Minister

8.The fees payable for the following services are those assessed in each case by the Minister, but any fee assessed for a service is not to exceed the cost of providing the service —

(a)for a diagram drawn or certified on a transfer, surrender, mortgage, application or other instrument;

(b)for the creation and certification of a plan, diagram or other document;

(c)for a map or colouring of a map on a copy of a plan, diagram or other document;

(d)for a copy of a document, whether by photocopying or otherwise;

(e)for the performance, for the purposes of the Act, of any service not mentioned in this Schedule.

9.For a survey of land, including preparation of survey plans or diagrams

The cost of providing the service, including any applicable taxes

[Schedule 1 amended: Gazette 16 Jun 2000 p. 2950; 13 Jul 2001 p. 3509; 27 Aug 2002 p. 4355; 30 Jun 2003 p. 2569; 17 Feb 2006 p. 703; 22 Jun 2007 p. 2848; 30 May 2008 p. 2072; 23 Jun 2009 p. 2482; 6 Dec 2011 p. 5131; 13 Oct 2015 p. 4063; 27 Jun 2017 p. 3436; 22 Jun 2018 p. 2182.]

dline

 

Notes

1This is a compilation of the Land Administration Regulations 1998 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Land Administration Regulations 1998

27 Mar 1998 p. 1741‑61

30 Mar 1998 (see r. 2 and Gazette 27 Mar 1998 p. 1765)

Land Administration Amendment Regulations 1998

20 Nov 1998 p. 6267‑8

20 Nov 1998

Land Administration Amendment Regulations 2000

16 Jun 2000 p. 2943‑5

16 Jun 2000

Land Administration Amendment Regulations (No. 2) 2000

16 Jun 2000 p. 2950

1 Jul 2000 (see r. 2)

Land Administration Amendment Regulations (No. 3) 2000

15 Dec 2000 p. 7209‑10

16 Dec 2000 (see r. 2 and Gazette 15 Dec 2000 p. 7201)

Land Administration Amendment Regulations 2001

10 Apr 2001 p. 2073‑4

11 Apr 2001 (see r. 2 and Gazette 10 Apr 2001 p. 2073)

Land Administration Amendment Regulations (No. 2) 2001

13 Jul 2001 p. 3509

13 Jul 2001 (see r. 2)

Land Administration Amendment Regulations 2002

27 Aug 2002 p. 4354-5

27 Aug 2002

Reprint of the Land Administration Regulations 1998 as at 6 Sep 2002
(includes amendments listed above)

Land Administration Amendment Regulations (No. 3) 2003

27 Jun 2003 p. 2395-6

1 Jul 2003 (see r. 2)

Land Administration Amendment Regulations (No. 2) 2003

30 Jun 2003 p. 2569

7 Jul 2003 (see r. 2)

Land Administration Amendment Regulations 2004

5 Mar 2004 p. 699-700

5 Mar 2004

Land Administration Amendment Regulations (No. 2) 2004 3

16 Nov 2004 p. 5068

16 Nov 2004

Land Administration Amendment Regulations (No. 5) 2004

24 Nov 2004 p. 5255‑6

24 Nov 2004

Land Administration Amendment Regulations 2006

17 Feb 2006 p. 703

17 Feb 2006

Reprint 2: The Land Administration Regulations 1998 as at 9 Jun 2006
(includes amendments listed above)

Land Administration Amendment Regulations (No. 3) 2006

29 Dec 2006 p. 5896

1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369)

Land Administration Amendment Regulations 2007

22 Jun 2007 p. 2847‑8

1 Jul 2007 (see r. 2)

Land Administration Amendment Regulations 2008

30 May 2008 p. 2072

1 Jul 2008 (see r. 2)

Land Administration Amendment Regulations 2009

23 Jun 2009 p. 2482

r. 1 and 2: 23 Jun 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))

Reprint 3: The Land Administration Regulations 1998 as at 28 Aug 2009
(includes amendments listed above)

Land Administration Amendment Regulations (No. 3) 2009

18 Sep 2009 p. 3619-22

r. 1 and 2: 18 Sep 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 19 Sep 2009 (see r. 2(b))

Land Administration Amendment Regulations (No. 2) 2009

24 Dec 2009 p. 5297-8

r. 4: 1 Jul 2009 (see r. 2(c));
r. 1 and 2: 24 Dec 2009 (see r. 2(a));

r. 3: 25 Dec 2009 (see r. 2(b))

Public Sector Reform (Consequential Amendments) Regulations 2011 r. 20

11 Feb 2011 p. 502‑7

12 Feb 2011 (see r. 2(d))

Land Administration Amendment Regulations 2011

6 Dec 2011 p. 5130-1

r. 1 and 2: 6 Dec 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 7 Dec 2011 (see r. 2(b))

Land Administration Amendment Regulations (No. 2) 2012

23 Mar 2012 p. 1370‑1

r. 1 and 2: 23 Mar 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 24 Mar 2012 (see r. 2(b))

Land Administration Amendment Regulations 2012

6 Jul 2012 p. 3023‑5

r. 1 and 2: 6 Jul 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 7 Jul 2012 (see r. 2(b))

Reprint 4: The Land Administration Regulations 1998 as at 17 Aug 2012
(includes amendments listed above)

Land Administration Amendment Regulations 2013

16 Jul 2013 p. 3247‑8

r. 1 and 2: 16 Jul 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 17 Jul 2013 (see r. 2(b))

Land Administration Amendment Regulations 2015

13 Oct 2015 p. 4062‑3

r. 1 and 2: 13 Oct 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 14 Oct 2015 (see r. 2(b))

Land Administration Amendment Regulations 2016

6 Sep 2016 p. 3825-6

r. 1 and 2: 6 Sep 2016 (see r. 2(a));
Regulations other than r. 1 and 2: 7 Sep 2016 (see r. 2(b) and
Gazette 6 Sep 2016 p. 3826)

Land Administration Regulations Amendment Regulations 2016 Pt. 2

6 Sep 2016 p. 3826-7

7 Sep 2016 (see r. 2(b))

Land Administration Amendment Regulations (No. 2) 2017

27 Jun 2017 p. 3435‑6

r. 1 and 2: 27 Jun 2017 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2017 (see r. 2(b))

Land Administration Amendment Regulations 2018

22 Jun 2018 p. 2181‑2

r. 1 and 2: 22 Jun 2018 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2018 (see r. 2(b))

2Repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005.

3Published again in Gazette 19 Nov 2004 p. 5081 but amendment of 19 Nov 2004 has no effect.

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

2004 determined rent15(1)

2009 determined rent15(1)

AGD17A(1)

authorised survey18

Crown land transaction3A(3)

departmental surveyor18

Jolimont land17E(1)

marine navigational aid3(1)

member24

Narrogin land17E(1)

other joint venturer13(1)

panel24

relevant matter24

subject land5, 6(1), 7

survey18

survey mark3(1)

surveyor at fault20(2)

telecommunications network3(1)