Esperance Port Authority Lands Act 1979

Western Australia

An Act to validate certain transactions relating to land entered into by the Esperance Port Authority established under the Esperance Port Authority Act, 1968-1976, to authorise the Esperance Port Authority to dispose of certain land held by it and for incidental purposes.

[Assented to 27 November 1979.]

Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —

1.Short title

This Act may be cited as the Esperance Port Authority Lands Act 1979.

2.Definitions

In this Act —

“the Port Authority” means the Esperance Port Authority established under the Esperance Port Authority Act 1968;

“the remaining land” means such of the subject land as is held by the Port Authority on the coming into operation of this Act;

“the subject land” means any land —

(a)purchased by the Port Authority; or

(b)acquired by the Port Authority by way of exchange,

before the coming into operation of this Act.

3.Validation

(1)The subject land shall be deemed to have been validly and lawfully acquired by the Port Authority.

(2)Any of the subject land —

(a)sold by the Port Authority; or

(b)disposed of by the Port Authority by way of exchange,

before the coming into operation of this Act shall be deemed to have been validly and lawfully disposed of by the Port Authority.

(3)Any act, matter or thing done by the Port Authority before the coming into operation of this Act in preparation for the sale of any of the subject land shall be deemed to have been validly and lawfully done.

4.Power to sell remaining land

(1)Subject to subsection (3) of this section the Port Authority may sell, convey and transfer the remaining land in fee simple at public auction or by public tender.

(2)Subject to subsection (3) of this section any of the remaining land may, if the Port Authority thinks fit, be subdivided by the Port Authority under the Town Planning and Development Act 1928 and sold under this section as so subdivided.

(3)The Minister may, in respect of the sale of any of the remaining land under this section, give directions to the Port Authority as to —

(a)when the land shall be sold;

(b)whether the land shall be sold at public auction or by public tender; and

(c)whether or not the land may be subdivided by the Port Authority under the Town Planning and Development Act 1928 and sold as so subdivided,

and the Port Authority shall give effect to any directions so given.

(4)The proceeds of any sale under this section shall be credited to the Esperance Port Authority Account maintained under section 52 of the Esperance Port Authority Act 1968 and shall be applied to the purposes of that Act.

[Section 4 amended by No. 49 of 1996 s.64.]

Notes

1This is a compilation of the Esperance Port Authority Lands Act 1979 and includes the amendments made by the other written laws referred to in the following table 1a.

Compilation table

Short title	Number and year	Assent	Commencement
Esperance Port Authority Lands Act 1979	73 of 1979	27 Nov 1979	27 Nov 1979
Financial Legislation Amendment Act 1996 s. 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

	Short title	Number and Year		Assent			Commencement
Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15 2			38 of 2005		12 Dec 2005	To be proclaimed (see s. 2)

2On the date as at which this compilation was prepared, the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15, which gives effect to Sch. 2, had not come into operation. It reads as follows:

“

15.Acts in Schedule 2 amended

The Acts mentioned in Schedule 2 are amended as set out in that Schedule.

”.

Schedule 2, cl. 22 reads as follows:

“

Schedule 2 — Consequential amendments

[s. 15]

22.Esperance Port Authority Lands Act 1979

(1)Section 4(2) is amended by deleting “the Town Planning and Development Act, 1928” and inserting instead —

“ the Planning and Development Act 2005 ”.

(2)Section 4(3)(c) is amended by deleting “the Town Planning and Development Act, 1928” and inserting instead —

“ the Planning and Development Act 2005 ”.

”.