{"id":"queens-gardens-car-park-inner-city-school-act-2024","name":"Queens Gardens Car Park (Inner City School) Act 2024","slug":"queens-gardens-car-park-inner-city-school-act-2024","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106373,"registerId":"wa-queens-gardens-car-park-inner-city-school-act-2024-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Queens Gardens Car Park (Inner City School) Act 2024","content":"![Crest]()Western Australia\n\nQueens Gardens Car Park (Inner City School) Act 2024\n\nWestern Australia\n\nQueens Gardens Car Park (Inner City School) Act 2024\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Act binds Crown 2\n\n4. Terms used 2\n\nPart 2 — Chevron Agreement terminated and Act repealed\n\n5. Agreement terminated and *Chevron‑Hilton Hotel Agreement Act 1960* repealed 4\n\n6. Relevant indemnity continues despite termination of Chevron Agreement 4\n\nPart 3 — Transfer of land and land assembly\n\nDivision 1 — Transfer of land to Minister for Education\n\n7. Road closure and transfer of Hale Street north land 5\n\n8. Transfer of Queens Gardens car park land 5\n\nDivision 2 — Land assembly\n\n9. Transferred land to be single lot 5\n\n10. Registrar of Titles to take certain measures 6\n\n11. Functions of Registrar of Titles under this Part not limited by other requirements 6\n\n12. Exemption from taxes, duties, levies, charges and fees 6\n\nPart 4 — Effect of termination, repeal and transfer\n\n13. State Government entities have no liability in relation to certain matters 7\n\n14. Payment to City of Perth for lost car park revenue because of land transfer 8\n\nPart 5 — Facilities for government school\n\n15. Minister for Education’s functions 9\n\n16. Application of redevelopment scheme 9\n\nPart 6 — Regulation‑making power\n\n17. Regulations 10\n\nSchedule 1 — Queens Gardens car park land\n\nSchedule 2 — Hale Street north land plan\n\nSchedule 3 — Development lot plan\n\nNotes\n\nCompilation table 14\n\nDefined terms\n\n  \n\n![]()Western Australia\n\nQueens Gardens Car Park (Inner City School) Act 2024\n\nAn Act —\n\n- to terminate the agreement approved and ratified by the *Chevron‑Hilton Hotel Agreement Act 1960*; and\n- to repeal the *Chevron‑Hilton Hotel Agreement Act 1960*; and\n- to provide for the transfer of certain land; and\n- to provide for the effect of the termination, repeal and transfer; and\n- to provide for the development of a government school on the transferred land; and\n- for related purposes.\n\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Queens Gardens Car Park (Inner City School) Act 2024*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) Part 1 (other than sections 3 and 4) — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on the day after that day.\n\n##### 3. Act binds Crown\n\nThis Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n##### 4. Terms used\n\nIn this Act —\n\nChevron Agreement has the meaning given in section 5(1);\n\nCity of Perth means the body corporate called the City of Perth continued under the *City of Perth Act 2016* section 6(1);\n\ncommencement day means the day on which this definition comes into operation;\n\ndevelopment lot has the meaning given in section 9;\n\nfreehold, in relation to land, means the fee simple, whether absolute, conditional or otherwise, of that land;\n\ngovernment school means a school established under the *School Education Act 1999* section 55;\n\nHale Street north land means the land depicted on the plan in Schedule 2 as lot 101;\n\ninterest, in relation to land, has the meaning given in the *Land Administration Act 1997* section 151(1);\n\nlot means a defined portion of land that is the whole of the land —\n\n(a) the subject of a registered certificate of title; or\n\n(b) depicted as a lot on the plan in Schedule 2 or 3;\n\nMinister for Education means the body corporate referred to in the *School Education Act 1999* section 214(1);\n\nQueens Gardens car park land means —\n\n(a) the land comprising the lots the subject of the certificates of title specified in Schedule 1; and\n\n(b) the portion of land delineated and coloured brown on the map on Certificate of Title Volume 925 Folio 2;\n\nregistered means registered under the *Transfer of Land Act 1893*;\n\nRegistrar of Titles means the Registrar of Titles referred to in the *Transfer of Land Act 1893* section 7;\n\ntransferred land means the land comprised of —\n\n(a) the Hale Street north land, the freehold of which is transferred to the Minister for Education under section 7(2); and\n\n(b) the Queens Gardens car park land, the freehold of which is transferred to the Minister for Education under section 8(1).\n\n## Part 2 — Chevron Agreement terminated and Act repealed\n\n##### 5. Agreement terminated and *Chevron‑Hilton Hotel Agreement Act 1960* repealed\n\n(1) The agreement (the Chevron Agreement) approved and ratified by the *Chevron‑Hilton Hotel Agreement Act 1960* section 4(1) is terminated.\n\n(2) The *Chevron‑Hilton Hotel Agreement Act 1960* is repealed.\n\n##### 6. Relevant indemnity continues despite termination of Chevron Agreement\n\n(1) In this section —\n\nrelevant indemnity means the indemnity in clause 18 of the Chevron Agreement as in force immediately before commencement day.\n\n(2) Despite section 5, the relevant indemnity continues to apply for the 20‑year period beginning on commencement day.\n\n(3) A question as to whether the City of Perth has a liability under the relevant indemnity, or as to the amount of any liability of the City of Perth under the indemnity, may, on application by the City of Perth or the State, be determined by a court of competent jurisdiction.\n\n(4) The expiry of the relevant indemnity at the end of the 20‑year period under subsection (2) does not affect the City of Perth’s liability to the State under the relevant indemnity in relation to actions, claims, damages, costs or demands that arise before the expiry.\n\n## Part 3 — Transfer of land and land assembly\n\n### Division 1 — Transfer of land to Minister for Education\n\n##### 7. Road closure and transfer of Hale Street north land\n\n(1) The portion of Hale Street that is the Hale Street north land —\n\n(a) is closed; and\n\n(b) ceases to be designated as a road; and\n\n(c) ceases to be a public right of way.\n\n(2) The freehold in the land comprising the Hale Street north land is transferred to the Minister for Education.\n\n(3) Every other interest, whether registered or unregistered, in the land comprising the Hale Street north land that existed immediately before commencement day is extinguished.\n\n##### 8. Transfer of Queens Gardens car park land\n\n(1) The freehold in the land comprising the Queens Gardens car park land is transferred to the Minister for Education.\n\n(2) Every other interest, whether registered or unregistered, in the land comprising the Queens Gardens car park land that existed immediately before commencement day is extinguished.\n\n### Division 2 — Land assembly\n\n##### 9. Transferred land to be single lot\n\nAs soon as practicable, the Registrar of Titles must create a certificate of title for the single lot (the development lot) depicted on the plan in Schedule 3 as lot 100, comprising the transferred land.\n\n##### 10. Registrar of Titles to take certain measures\n\nThe Registrar of Titles must do all things necessary under the *Transfer of Land Act 1893* to record in the register kept under that Act the matters effected by this Part.\n\n##### 11. Functions of Registrar of Titles under this Part not limited by other requirements\n\n(1) This section applies if —\n\n(a) the Registrar of Titles is required to perform a function under this Part; and\n\n(b) under a written law (other than this Act), that function must not be performed without —\n\n(i) an endorsement or approval (a planning approval) having been obtained; or\n\n(ii) a precondition or other requirement (a planning requirement) having been satisfied.\n\n(2) Despite the written law, the requirement to obtain the planning approval, or to satisfy the planning requirement, does not apply to the performance of the function by the Registrar of Titles.\n\nExamples for this section:\n\n1. The Western Australian Planning Commission’s approval is not required to amalgamate the lots that comprise the transferred land: see the *Planning and Development Act 2005* section 135.\n\n2. The Western Australian Planning Commission’s approval is not required to be endorsed on the diagram or plan of survey of the development lot: see the *Planning and Development Act 2005* section 146.\n\n3. The Western Australian Planning Commission’s approval is not required to register the transfer of land: see the *Planning and Development Act 2005* section 147(1)(a).\n\n##### 12. Exemption from taxes, duties, levies, charges and fees\n\nAnything that is done under this Part is exempt from any tax, duty, levy, charge or fee that would otherwise be imposed or recoverable under a written law.\n\n## Part 4 — Effect of termination, repeal and transfer\n\n##### 13. State Government entities have no liability in relation to certain matters\n\n(1) A State Government entity has, and can have, no liability (including a liability for compensation) to any person or body in respect of any loss, or other matter or thing, that arises from, or is in any way connected with, any of the following —\n\n(a) the Chevron Agreement;\n\n(b) the preparation, introduction or enactment of this Act;\n\n(c) the termination of the Chevron Agreement or the repeal of the *Chevron‑Hilton Hotel Agreement Act 1960* under section 5;\n\n(d) the transfer of the transferred land;\n\n(e) the extinguishment of an interest in land under section 7(3) or 8(2);\n\n(f) any negotiations or communications with the City of Perth before commencement day in relation to the potential transfer of the freehold in land in East Perth to a State Government entity to establish a government school.\n\n(2) Any liability of the type described in subsection (1) that a State Government entity has to any person or body before commencement day is extinguished.\n\n(3) No claim or demand, or action or other proceeding, lies against a State Government entity in respect of —\n\n(a) a liability of the type described in subsection (1); or\n\n(b) otherwise, any loss, or other matter or thing, that arises from, or is in any way connected with, any of the matters referred to in subsection (1)(a) to (f).\n\n(4) The *Land Administration Act 1997* Parts 9 and 10 do not apply in relation to anything done under this Act.\n\n(5) In this section, a reference to a State Government entity is a reference to any of the following —\n\n(a) the State;\n\n(b) a Minister of the Crown in right of the State;\n\n(c) the Minister for Education;\n\n(d) the Registrar of Titles;\n\n(e) a public sector body as defined in the *Public Sector Management Act 1994* section 3(1);\n\n(f) any other person or body that is similar to a person or body referred to in paragraphs (b) to (e);\n\n(g) an employee, agent, advisor, contractor or representative of the State or of a person or body referred to in paragraphs (b) to (f).\n\n(6) In this section, a reference to a State Government entity does not include a local government.\n\n##### 14. Payment to City of Perth for lost car park revenue because of land transfer\n\n(1) The State must pay the amount of $4 217 000 to the City of Perth.\n\n(2) The amount to be paid under subsection (1) must be charged to the Consolidated Account which is appropriated accordingly by this section.\n\n## Part 5 — Facilities for government school\n\n##### 15. Minister for Education’s functions\n\nThe Minister for Education must ensure that facilities for a government school are constructed on the development lot.\n\n##### 16. Application of redevelopment scheme\n\n(1) In this section —\n\nCentral Perth redevelopment area means the Central Perth redevelopment area, as amended from time to time, under the *Metropolitan Redevelopment Authority Act 2011*;\n\nCentral Perth Redevelopment Scheme means any approved redevelopment scheme, as amended from time to time, that for the time being applies to the Central Perth redevelopment area under the *Metropolitan Redevelopment Authority Act 2011*.\n\n(2) The Central Perth Redevelopment Scheme applies to the development lot except that, despite any provision of that Scheme, the development lot can be used for the purpose of a government school.\n\n(3) If there is no Central Perth Redevelopment Scheme or Central Perth redevelopment area, or the development lot ceases to be in the Central Perth redevelopment area, the reference to the Central Perth Redevelopment Scheme in subsection (2) is a reference to —\n\n(a) an approved redevelopment scheme or other planning instrument in force under the *Metropolitan Redevelopment Authority Act 2011* that applies to the land comprising the development lot; or\n\n(b) if paragraph (a) does not apply — a planning scheme or other planning instrument in force under the *Planning and Development Act 2005* that applies to the land comprising the development lot.\n\n## Part 6 — Regulation‑making power\n\n##### 17. Regulations\n\nThe Governor may make regulations prescribing matters that are necessary or convenient to be prescribed for giving effect to this Act.\n\nSchedule 1 — Queens Gardens car park land\n\n[s. 4]\n\n1. Certificate of Title Volume 1775 Folio 349\n\n2. Certificate of Title Volume 1775 Folio 348\n\n3. Certificate of Title Volume 1763 Folio 497\n\n4. Certificate of Title Volume 1311 Folio 782\n\n5. Certificate of Title Volume 1214 Folio 959\n\n6. Certificate of Title Volume 1214 Folio 804\n\n7. Certificate of Title Volume 1031 Folio 338\n\n8. Certificate of Title Volume 1020 Folio 996\n\n9. Certificate of Title Volume 1014 Folio 654\n\n10. Certificate of Title Volume 925 Folio 3\n\n11. Certificate of Title Volume 786 Folio 65\n\n12. Certificate of Title Volume 781 Folio 155\n\n13. Certificate of Title Volume 777 Folio 198\n\n14. Certificate of Title Volume 777 Folio 194\n\nSchedule 2 — Hale Street north land plan\n\n[s. 4]\n\n![]()\n\nSchedule 3 — Development lot plan\n\n[s. 9]\n\n![]()\n\n![]()\n\nNotes\n\nThis is a compilation of the *Queens Gardens Car Park (Inner City School) Act 2024*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Queens Gardens Car Park (Inner City School) Act 2024* | 34 of 2024 | 22 Oct 2024 | Pt. 1 (other than s. 3 and 4): 22 Oct 2024 (see s. 2(a));   Act other than s. 1 and 2: 23 Oct 2024 (see s. 2(b)) |\n\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\nCentral Perth redevelopment area 16(1)\n\nCentral Perth Redevelopment Scheme 16(1)\n\nChevron Agreement 4, 5(1)\n\nCity of Perth 4\n\ncommencement day 4\n\ndevelopment lot 4, 9\n\nfreehold 4\n\ngovernment school 4\n\nHale Street north land 4\n\ninterest 4\n\nlot 4\n\nMinister for Education 4\n\nplanning approval 11(1)\n\nplanning requirement 11(1)\n\nQueens Gardens car park land 4\n\nregistered 4\n\nRegistrar of Titles 4\n\nrelevant indemnity 6(1)\n\nState Government entity 13(5) and (6)\n\ntransferred land 4\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. The title suggests a focused, single-purpose Act dealing with a specific parcel of land (Queens Gardens car park) for a specific purpose (inner city school), which is consistent with a narrow original intent. No evidence of scope change can be confirmed or denied."},"complexity_factors":["Legislation text is entirely unavailable — no substantive content could be analysed","Title suggests a narrow, specific-purpose Act (likely low complexity by nature)","Acts dealing with specific land transactions are typically short and targeted","Cannot assess actual complexity without access to the operative provisions"],"plain_english_summary":"The Queens Gardens Car Park (Inner City School) Act 2024 appears to authorize changing the use or ownership of the Queens Gardens car park in Perth’s CBD to enable an inner‑city school. \n\nThat would affect commuters and businesses using the car park, nearby residents, prospective students and families, and state agencies managing education and land — important for local traffic, parking supply, and urban land use near the city centre."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act changes the legal scope of the prior arrangement by terminating the Chevron Agreement and repealing the Chevron‑Hilton Hotel Agreement Act 1960 (s 5), transferring freehold title of specified Queens Gardens car park land and Hale Street north land to the Minister for Education and extinguishing prior interests (ss 7–8), and consolidating those parcels into a single development lot (s 9). It also preserves a 20‑year indemnity from the terminated agreement (s 6), removes specified State Government liabilities (s 13), exempts certain taxes and planning preconditions (ss 11–12), and mandates a payment to the City of Perth (s 14). These provisions materially alter property ownership, liability allocation and procedural requirements compared with the pre‑existing statutory framework."},"complexity_factors":["Multiple distinct legal effects combined in one Act: termination/repeal (s 5), indemnity continuation (s 6), land transfer and extinguishment of interests (ss 7–8), land assembly and title work (ss 9–11), exemptions (s 12), liability bars (s 13) and appropriation (s 14).","Property law operations that extinguish existing registered and unregistered interests and create a single development lot (ss 7–9) raise transactional complexity and risk of affected third‑party claims.","Preservation of an indemnity for 20 years despite termination (s 6) creates temporal overlap between historic obligations and the new title regime, with court‑determination of disputes.","Broad immunity for State Government entities from a wide range of claims (s 13), with a specific exclusion for local government (s 13(6), (5)), affects remedy pathways and legal risk allocation.","Overrides of other statutory requirements for the Registrar of Titles (s 11) and exemptions from taxes, duties and fees (s 12) involve interaction with multiple statutes (Transfer of Land Act, Planning and Development Act, Land Administration Act).","Mandatory construction duty imposed on the Minister for Education (s 15) links land transfer to a public‑works obligation, creating implementation and funding considerations.","Regulation‑making power (s 17) allows further detail to be prescribed, leaving some operational matters to subordinate legislation."],"plain_english_summary":"This Act terminates the Chevron‑Hilton Agreement, repeals the 1960 Act, and transfers specified Queens Gardens car park and Hale Street north land as a single freehold development lot to the Minister for Education for construction of a government school. It preserves a 20‑year indemnity arising from the terminated agreement, extinguishes prior interests in the transferred land, exempts certain taxes and planning preconditions, limits State Government liability for connected claims, and requires a $4,217,000 payment to the City of Perth."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: terminating the 1960 Chevron Agreement, transferring specific land parcels for a school, and managing the legal consequences. While it includes protective provisions (liability shields, tax exemptions) and mechanisms to facilitate the transfer (bypassing planning approvals), these are ancillary to the core purpose rather than scope creep. The Act does not expand into broader education policy, urban planning reform, or general property law."},"complexity_factors":["Moderate cross-referencing: References to 7 other Acts (Chevron-Hilton Hotel Agreement Act 1960, City of Perth Act 2016, School Education Act 1999, Land Administration Act 1997, Transfer of Land Act 1893, Planning and Development Act 2005, Metropolitan Redevelopment Authority Act 2011, Public Sector Management Act 1994)","Defined terms section with 18 defined terms, some with nested definitions (e.g., 'transferred land' depends on 'Hale Street north land' and 'Queens Gardens car park land')","Conditional logic in section 16 regarding which planning scheme applies if the Central Perth redevelopment area ceases to exist","Broad liability shield in section 13 with 6 categories of protected matters and 7 categories of protected entities, plus an exclusion (local government not included)","Survival clause in section 6 allowing a specific indemnity to continue for 20 years despite termination of the underlying agreement","Specific land descriptions requiring reference to 3 separate Schedules (14 certificate of title references in Schedule 1, plus 2 plan references)"],"plain_english_summary":"This Western Australian law clears the way for building a new public school in Perth's inner city by dismantling a 64-year-old hotel deal and transferring car park land to the Education Minister.\n\n**What it does:**\n- **Kills an old agreement:** Terminates the 'Chevron Agreement' from 1960 (which originally allowed the Chevron-Hilton Hotel to be built) and repeals the Act that created it.\n- **Transfers land:** Takes two parcels of land—part of Hale Street and the Queens Gardens car park—and hands them over to the Minister for Education to build a school.\n- **Wipes out existing interests:** Any existing rights, leases, or claims over that land are extinguished (cancelled).\n- **Protects the government:** Shields the State, Ministers, and government bodies from being sued over the termination, land transfer, or any related negotiations.\n- **Pays compensation:** Gives the City of Perth $4.217 million to make up for lost car park revenue.\n- **Fast-tracks development:** Lets the Registrar of Titles merge the land into a single lot without needing usual planning approvals, and exempts the whole process from stamp duty and other taxes.\n\n**Who it affects:**\n- **City of Perth:** Loses control of a revenue-generating car park but gets a payout; keeps a 20-year indemnity (legal protection) from the old Chevron deal.\n- **Parents and students:** Gets a new government school in the inner city.\n- **Anyone with interests in the land:** Their rights are cancelled without compensation (other than the City of Perth's specific payment).\n\n**Why it matters:**\nThis is a classic 'special purpose' Act that cuts through red tape to deliver public infrastructure. It overrides normal planning laws, extinguishes property rights, and immunises the government from legal action—all to ensure a school gets built quickly on valuable inner-city land."},"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/queens-gardens-car-park-inner-city-school-act-2024","history":"/api/acts/queens-gardens-car-park-inner-city-school-act-2024/history","analysis":"/api/acts/queens-gardens-car-park-inner-city-school-act-2024/analysis","conflicts":"/api/acts/queens-gardens-car-park-inner-city-school-act-2024/conflicts","importantCases":"/api/acts/queens-gardens-car-park-inner-city-school-act-2024/important-cases","documents":"/api/acts/queens-gardens-car-park-inner-city-school-act-2024/documents"}}