{"id":"yallingup-foreshore-land-act-2006","name":"Yallingup Foreshore Land Act 2006","slug":"yallingup-foreshore-land-act-2006","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113084,"registerId":"wa-yallingup-foreshore-land-act-2006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Yallingup Foreshore Land Act 2006","content":"![Crest]()Western Australia\n\nYallingup Foreshore Land Act 2006\n\nWestern Australia\n\nYallingup Foreshore Land Act 2006\n\nContents\n\n1. Short title 1\n\n2. Commencement 2\n\n3. Definitions 2\n\n4. Yallingup foreshore land validly and effectively resumed 2\n\n5. Certain repealed provisions do not apply to Yallingup foreshore land 2\n\n6. Certain current provisions do not apply to Yallingup foreshore land 3\n\n7. Treasurer may make payment in respect of legal costs incurred in relation to Yallingup foreshore land 3\n\nNotes\n\nCompilation table 4\n\n  \n\nWestern Australia\n\nYallingup Foreshore Land Act 2006\n\nAn Act to make provision about the resumption of, and the application of certain provisions to, certain land in the vicinity of the Yallingup foreshore, and for related purposes.\n\nThe Parliament of Western Australia enacts as follows:\n\n##### 1. Short title\n\nThis is the *Yallingup Foreshore Land Act 2006*.\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which it receives the Royal Assent.\n\n##### 3. Definitions\n\nIn this Act —\n\nland means the land at Yallingup that was the subject of a land resumption notice published in the *Gazette* on 9 December 1938 at page 2112;\n\nliability includes a duty or obligation;\n\nresumption means the resumption of the land that took effect, or purported to take effect, under the *Public Works Act 1902* on 9 December 1938;\n\nright includes an interest or status.\n\n##### 4. Yallingup foreshore land validly and effectively resumed\n\n(1) Subsection (2) applies if, and to any extent to which, the resumption was invalid or ineffective.\n\n(2) The rights and liabilities of all persons are declared to be, and always to have been, the same as if the resumption had been valid and effective in all respects.\n\n##### 5. Certain repealed provisions do not apply to Yallingup foreshore land\n\n(1) The rights and liabilities of all persons are declared to be, and always to have been, the same as if the repealed provisions never applied to the land.\n\n(2) In subsection (1) —\n\nrepealed provisions means —\n\n(a) the provision that was enacted as section 29 of the *Public Works Act 1902* and repealed by the *Public Works Act Amendment Act 1955*;\n\n(b) the provision that was enacted as section 29 of the *Public Works Act 1902* by the *Public Works Act Amendment Act 1955* and repealed by the *Acts Amendment (Land Administration) Act 1997*;\n\n(c) the provision that was enacted as section 29A of the *Public Works Act 1902* by the *Public Works Act Amendment Act 1955* and repealed by the *Acts Amendment (Land Administration) Act 1997*; and\n\n(d) the provision that was enacted as section 29B of the *Public Works Act 1902* by the *Public Works Act Amendment Act 1965* and repealed by the *Acts Amendment (Land Administration) Act 1997*,\n\nand includes those provisions as they were in effect at any time.\n\n##### 6. Certain current provisions do not apply to Yallingup foreshore land\n\n(1) Sections 190 and 191 of the *Land Administration Act 1997* do not apply to the land.\n\n(2) The rights and liabilities of all persons are declared to be, and always to have been, the same as if sections 190 and 191 of the *Land Administration Act 1997* never applied to the land.\n\n##### 7. Treasurer may make payment in respect of legal costs incurred in relation to Yallingup foreshore land\n\n(1) The Treasurer of the State may make payment in such amount as the Treasurer considers to be appropriate in respect of legal costs incurred in proceedings of a kind referred to in section 200(3) of the *Land Administration Act 1997* in relation to the land.\n\n(2) Any money payable under a decision of the Treasurer under subsection (1) is to be charged to the Consolidated Account which to the extent necessary is appropriated accordingly.\n\n[Section 7 amended: No. 77 of 2006 s. 4.]\n\nNotes\n\n1 This is a compilation of the *Yallingup Foreshore Land Act 2006* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Yallingup Foreshore Land Act 2006* | 9 of 2006 | 8 May 2006 | 8 May 2006 (see s. 2) |\n| *Financial Legislation Amendment and Repeal Act 2006* s. 4 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2 and *Gazette* 19 Jan 2007 p. 137) |\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\nland 3\n\nliability 3\n\nrepealed provisions 5(2)\n\nresumption 3\n\nright 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused and appears to perform the single original function: validate the 1938 resumption for a specific parcel of Yallingup foreshore, remove the application of certain enumerated statutory provisions to that land, and allow the Treasurer to pay related legal costs. The provisions do not expand the subject matter beyond that original purpose; the only notable addition is the Treasurer's payment power (s 7), which is a fiscal mechanism tied to the Act's practical effect rather than a material broadening of scope."},"complexity_factors":["Short length: 7 substantive sections only","Small number of defined terms (5 defined terms in section 3: land, liability, resumption, right, plus 'repealed provisions' defined in s 5(2))","Declaratory and retrospective effect (s 4, s 5(1), s 6(2)) — legal complexity comes from retrospective operation rather than from elaborate conditional logic","Cross-references to multiple external statutes: Public Works Act 1902 (and historical variants) and Land Administration Act 1997 (ss 190, 191 and s 200(3))","List of historical variants of the repealed provisions (s 5(2)) — requires checking historical versions to determine precisely what was excluded","Discretionary executive power to make payments (s 7) with appropriation consequences; potential administrative discretion and fiscal implications","Few exceptions or nested conditions (one conditional — operation only \"to any extent to which the resumption was invalid or ineffective\")"],"plain_english_summary":"The Act declares a specific 1938 resumption of Yallingup foreshore land valid for all purposes, treats certain historical Public Works Act provisions and Land Administration Act ss 190–191 as never having applied to that parcel, and allows the Treasurer to pay related legal costs from the Consolidated Account.  \n\nIt mainly affects current and former owners, occupiers and litigants connected to that land by removing statutory grounds to challenge title or seek remedies and by shifting litigation incentives and fiscal exposure to the State."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating the 1938 resumption of specific Yallingup foreshore land and managing the legal consequences thereof. It has not expanded beyond this narrow, site-specific remedial function."},"complexity_factors":["Short length (7 operative sections)","Minimal defined terms (5 definitions in section 3)","Heavy reliance on external statutory references (Public Works Act 1902, Land Administration Act 1997) requiring cross-reading to understand full effect","Retrospective operation (declares past events valid 'always to have been')","Specific historical factual predicate (1938 Gazette notice) rather than general principles"],"plain_english_summary":"This Act fixes a nearly 70-year-old legal problem involving land near Yallingup Beach in Western Australia's South West.\n\n**What happened:**\nIn 1938, the government took (\"resumed\") some land near the Yallingup foreshore for public purposes under the *Public Works Act 1902*. However, there were doubts about whether this was done properly or legally.\n\n**What the Act does:**\n\n*   **Validates the 1938 land takeover:** It declares that even if there were technical legal flaws in how the land was taken in 1938, it is now considered legally valid and effective as if it had been done correctly from the start. This protects anyone who has relied on the government's ownership of this land for decades.\n\n*   **Wipes out certain old legal rules:** It removes the effect of several old sections of the *Public Works Act* (sections 29, 29A, and 29B) that were repealed years ago but might have created ongoing confusion or claims regarding this specific land.\n\n*   **Blocks current compensation claims:** It specifically prevents sections 190 and 191 of the current *Land Administration Act 1997* from applying to this land. These sections normally allow people to claim compensation or challenge land dealings. This means no one can use those modern laws to challenge the 1938 takeover or claim compensation for it.\n\n*   **Allows government to pay legal costs:** The Treasurer can pay legal costs incurred by parties in court proceedings related to this land (specifically proceedings about compensation under the *Land Administration Act*).\n\n**Who it affects:**\nPrimarily the Western Australian government (which keeps clear title to the land), any descendants or former owners of the 1938 land, and anyone involved in legal disputes about the land's status.\n\n**Why it matters:**\nThis is a \"legislative fix\" that cleans up historical uncertainty. Without it, the 1938 land resumption might have been vulnerable to legal challenge, potentially affecting public access to the foreshore or creating massive compensation liabilities for the government."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text is inaccessible due to website changes at the Western Australian Parliamentary Counsel's Office. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["Legislation text is entirely unavailable — no content could be retrieved for analysis","Cannot assess definitional complexity, cross-references, or regulatory interaction without source text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## Yallingup Foreshore Land Act 2006\n\n**What we know:** This is a Western Australian law passed in 2006 that deals with land at the Yallingup foreshore — a coastal area in the Margaret River region of WA.\n\n**The problem:** The actual text of this legislation is **no longer available** through the Western Australian legislation website. The page has been taken down due to system and security upgrades, meaning the full content of the law cannot be analysed.\n\n**What this means for you:** Without access to the legislative text, it is not possible to determine:\n- What the law specifically does with the Yallingup foreshore land\n- Who is affected (landowners, tourists, local council, developers, etc.)\n- What rights or restrictions it creates\n- Whether it transfers, protects, or rezones the land in question\n\n**What to do:** To find this legislation, try visiting the [Parliamentary Counsel's Office](https://www.legislation.wa.gov.au) directly and searching for the Act by name, or contact their helpdesk for assistance locating the current version."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/yallingup-foreshore-land-act-2006","history":"/api/acts/yallingup-foreshore-land-act-2006/history","analysis":"/api/acts/yallingup-foreshore-land-act-2006/analysis","conflicts":"/api/acts/yallingup-foreshore-land-act-2006/conflicts","importantCases":"/api/acts/yallingup-foreshore-land-act-2006/important-cases","documents":"/api/acts/yallingup-foreshore-land-act-2006/documents"}}