{"id":"east-carey-park-land-vesting-act-1957","name":"East Carey Park Land Vesting Act 1957","slug":"east-carey-park-land-vesting-act-1957","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30488,"registerId":"wa-east-carey-park-land-vesting-act-1957-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"East Carey Park Land Vesting Act 1957","content":"![Crest]()Western Australia\n\nEast Carey Park Land Vesting Act 1957\n\nWestern Australia\n\nEast Carey Park Land Vesting Act 1957\n\nContents\n\n1. Short title and citation 1\n\n2. Interpretation 1\n\n3. Provisions for facilitating re‑subdivision 2\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nWestern Australia\n\nEast Carey Park Land Vesting Act 1957\n\nAn Act to Facilitate Re‑subdivision of Certain Land for purposes of the *State Housing Act 1946*.\n\n[Assented to 6th December, 1957.]\n\nBe 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: —\n\n##### 1. Short title and citation\n\nThis Act may be cited as the *East Carey Park Land Vesting Act 1957*.\n\n##### 2. Interpretation\n\nIn this Act unless the context requires otherwise —\n\n  amending Acts means the *Public Works Act Amendment Act 1955* and the *Public Works Act Amendment Act 1956*;\n\n  Commission means The State Housing Commission constituted under the *State Housing Act 1946*;\n\n  Gazetted notice means a notice which was published pursuant to the *Public Works Act 1902* in the *Gazette* of the twenty‑fifth day of August, one thousand nine hundred and fifty, and by which the Gazetted land was vested in the Crown for an estate in fee simple in possession for the purposes of providing cottages for railway employees at Bunbury, the provision of which was authorized by the specified Order in Council;\n\n  Gazetted land means\n\n(a) all those pieces of land being firstly, portion of each of Wellington Locations 493 and 494 and being Lots 20, 23 to 34 inclusive, and part of each of Lots 19, 21, and 22, on plan 4824; and secondly, portion of Wellington Location 296; the subject of Certificate of Title Volume 1136, Folio 784 under the *Transfer of Land Act 1893*; and\n\n(b) the Crown land which until the fifth day of January, one thousand nine hundred and fifty‑one comprised Reserve No. 935 under the *Land Act 1933*, which Reserve was cancelled by Order in Council made on that day and notified in the *Gazette* of the nineteenth day of January, one thousand nine hundred and fifty‑one;\n\n  specified Order in Council means an Order in Council which authorized the Honourable Minister for Railways to undertake, construct or provide additions and improvements to the South‑Western Railway at Bunbury (Cottages for Railway Employees) on the Gazetted land, and which was published in the *Gazette* of the twenty‑fifth day of August, one thousand nine hundred and fifty.\n\n##### 3. Provisions for facilitating re‑subdivision\n\nIn order to facilitate re‑subdivision of the Gazetted land for the purposes of the *State Housing Act 1946*—\n\n(a) (i) so much of the Gazetted land as is the subject of Certificate of Title Volume 1136, Folio 784, is hereby removed from the operation of the *Transfer of Land Act 1893*, and is hereby constituted Crown land according to the meaning given to the expression, “Crown land” by section four of the *Land Act 1933*;\n\n(ii) the Governor may grant to the Commission the fee simple in possession\n\nin the Gazetted land; and\n\nin the land comprised in the road and right‑of‑way closed by paragraph (b) of this section;\n\neither without reservation, or with such reservations including reservation to the Crown of rights to mines of coal and other minerals, if any, in the land, as the Governor thinks fit; but the Commission shall not be required to pay any consideration or fee for the grant;\n\n(iii) the specified Order in Council is hereby cancelled; and\n\n(iv) the Gazetted notice having been published on the twenty‑fifth day of August, one thousand nine hundred and fifty, and the amending Acts having come into operation on the thirteenth day of December, one thousand nine hundred and fifty‑five, and the twenty‑seventh day of December, one thousand nine hundred and fifty‑six respectively, it is hereby further expressly enacted in order to avoid any doubt which might otherwise arise, that the amendments to the Public Works Act, 1902, effected by the amending Acts do not apply and shall be deemed never to have applied, to or in respect of the Gazetted land, the operation of the provisions of this Act in general, the exercise by the Governor of any power conferred by this Act in particular, or the use of the land for any of the purposes of the *State Housing Act 1946*; and\n\n(b) on the coming into operation of this Act\n\n(i) the public road known as Carlotta Street, being a road one chain wide along the southern boundaries of Lots 31 to 34 inclusive on Land Titles Office Plan 2 No. 4824; and a public right‑of‑way, thirty links wide, along the northern boundaries of Lots 31 to 34 inclusive on Land Titles Office 2 Plan 4824;\n\nare hereby closed and all rights‑of‑way over them cease; and\n\n(ii) the land comprised in the road and right‑of‑way so closed is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act 1893, in order that it may be included in the re‑subdivision of the Gazetted land which is referred to in subparagraph (i) of paragraph (a) of this section, and in order that the fee simple in possession in the land comprised in the road and right‑of‑way so closed may also be granted to the Commission in the manner prescribed by subparagraph (ii) of paragraph (a) of this section.\n\nNotes\n\n1. This is a compilation of the *East Carey Park Land Vesting Act 1957* and includes all amendments effected by the other Acts referred to in the following Table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *East Carey Park Land Vesting Act 1957* | 67 of 1957 | 6 Dec 1957 | 6 Dec 1957 |\n\n\n2 Lands Titles Office plans are now being held by the Western Australian Land Information Authority (see the *Land Information Authority Act 2006* s. 100).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\namending Acts 2\n\nCommission 2\n\nGazetted land 2\n\nGazetted notice 2\n\nspecified Order in Council 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Impossible to assess whether the scope changed from original intent, as the full legislative text is inaccessible. The title suggests a narrow, single-purpose Act typical of mid-20th century land administration legislation, which rarely evolved significantly in scope."},"complexity_factors":["The actual legislative text is unavailable, preventing meaningful complexity analysis","Based on title alone, land vesting acts of this era were typically short, single-purpose instruments with minimal operative provisions","1957-era WA legislation of this type generally contained straightforward declaratory language with little ambiguity"],"plain_english_summary":"The East Carey Park Land Vesting Act 1957 is a Western Australian law that — as its title indicates — concerned transferring legal ownership (vesting) of land in or around Carey Park, Bunbury. It would have affected local residents, councils or community bodies with interests in that land. The original text is currently unavailable online; check WA Legislation for the full wording and current status."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's text states and implements a narrow purpose: to facilitate re‑subdivision of the defined Gazetted land for the purposes of the State Housing Act 1946 (s.1; s.3). Its operative measures (removal from the Transfer of Land Act, revesting, grant to the Commission, road closure, and cancellation of the prior Order in Council) are consistent with that stated purpose and confined to the parcels identified in the definition of 'Gazetted land' (s.2; s.3). No provision in the Act indicates an expansion of scope beyond that original, site‑specific objective."},"complexity_factors":["Cross‑references to multiple older Acts (Transfer of Land Act 1893, Land Act 1933, Public Works Act 1902 and the 1955/1956 amending Acts) create interactional complexity and require reading across instruments (see s.2 definitions; s.3(a)(iv)).","Technical cadastral descriptions and plan references (lots, locations, Certificate of Title Vol.1136 Fol.784, Plan 4824) demand precise land‑title and surveying verification (see definition of 'Gazetted land' in s.2).","Governor's discretionary power to grant fee simple 'either without reservation, or with such reservations' (including mineral reservations) concentrates decision authority and affects future third‑party property rights (s.3(a)(ii)).","The Commission may receive the grant 'without payment of any consideration', shifting fiscal cost/benefit away from the Commission and creating a direct transfer of title from Crown control (s.3(a)(ii)).","Removal of parcels from the Transfer of Land Act and constitution as Crown land changes the titling regime and procedural pathway for re‑subdivision and development (s.3(a)(i); s.3(b)(ii)).","Closure and revesting of a public road and right‑of‑way extinguishes public rights and requires administrative action at commencement, affecting adjacent lot access and future layouts (s.3(b)(i)–(ii)).","Cancellation of the specified Order in Council and the express non‑application (deeming) of later Public Works Act amendments introduces retrospective legal effect that may raise interpretive or implementation questions (s.3(a)(iii)–(iv)).","Very narrow geographic scope (only the defined 'Gazetted land') simplifies wider policy implications but increases reliance on precise definitions and on accurate cadastral implementation (s.2)."],"plain_english_summary":"This Act converts specified parcels in East Carey Park into Crown land, cancels a prior Order in Council, closes a short public road and right‑of‑way, and authorises the Governor to grant fee simple title to the State Housing Commission without payment. Those changes remove the land from the Transfer of Land Act so the Commission can re‑subdivide the site for housing under the State Housing Act 1946."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It was enacted specifically to facilitate re-subdivision of the Gazetted land for State Housing Commission purposes, and the current text shows no expansion beyond this discrete land management task. The compilation table indicates no subsequent amendments have altered its scope."},"complexity_factors":["Only 3 operative sections (short title, interpretation, and substantive provisions)","5 defined terms, all contained in a single interpretation section","Minimal cross-referencing — only references to related Acts (*State Housing Act 1946*, *Transfer of Land Act 1893*, *Land Act 1933*, *Public Works Act 1902*, and two amendment Acts)","Single purpose legislation with straightforward conditional logic (if land matches description, then these consequences follow)","No nested exceptions or complex procedural requirements","Highly specific to one discrete parcel of land (East Carey Park, Bunbury) with precise lot and plan references"],"plain_english_summary":"This is a short Western Australian law from 1957 that tidies up land ownership in Bunbury so the State Housing Commission can build public housing.\n\n**What it does:**\n- Takes specific land in East Carey Park (originally set aside for railway workers' cottages in 1950) and transfers it to the State Housing Commission for public housing instead.\n- Removes the land from the normal land titles system (the *Transfer of Land Act 1893*) and makes it Crown land again, so the Governor can grant it fresh to the Housing Commission without the Commission having to pay for it.\n- Closes a public road (Carlotta Street) and a right-of-way running through the area, so that land can also be used for housing.\n- Cancels an old 1950 Order in Council that authorised the railway cottages, and makes clear that later changes to the Public Works Act don't apply to this land.\n\n**Who it affects:**\n- The State Housing Commission (now called Homeswest or Housing Authority) — it gets the land free to build homes.\n- Anyone who might have used Carlotta Street or the right-of-way — those access routes are closed.\n- The Crown (the government) — it keeps rights to any coal or minerals under the land if it chooses to reserve them.\n\n**Why it matters:**\nThis is a technical \"housekeeping\" law that fixes a historical mess. The land was originally taken for railway workers' housing in 1950, but that plan changed. Rather than leave the land in legal limbo, this Act clears the way for it to be used for general public housing under the *State Housing Act 1946*."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/east-carey-park-land-vesting-act-1957","history":"/api/acts/east-carey-park-land-vesting-act-1957/history","analysis":"/api/acts/east-carey-park-land-vesting-act-1957/analysis","conflicts":"/api/acts/east-carey-park-land-vesting-act-1957/conflicts","importantCases":"/api/acts/east-carey-park-land-vesting-act-1957/important-cases","documents":"/api/acts/east-carey-park-land-vesting-act-1957/documents"}}