Cambridge Endowment Lands Act 1920

The Act centres on a handful of legal concepts that structure public finance, property rights, local regulatory power and title encumbrance for the defined land parcel known as the “said lands” (s 3). These concepts appear repeatedly and interact in implementable ways.

1. Defined geographic scope and exclusions. The Act gives precise cadastral descriptions for the Endowment Lands and the Lime Kilns Estate in s 3, and separately defines “Perry Lakes redevelopment land” for exclusion. The statutory term “said lands” is the principal territorial trigger for all substantive provisions.

2. Valuation metric. The unimproved value ascertained under the Valuation of Land Act 1978 is the basis for rates on the said lands (s 6; s 7(1)). For the special rate allocation formula the Act uses gross rental values from the most recent general valuation (s 7A(3) and (5)), so two valuation conceptions operate: unimproved value for rate imposition generally, and gross rental values for apportioning the budget deficiency between said lands and the rest of the district.

3. Local rate apportionment mechanism. Section 7A prescribes a formulaic approach for setting the general rate that yields an “endowment lands assessment” calculated as the percentage which the aggregate gross rental values of the said lands bears to the aggregate gross rental values of the district applied to the Town’s budget deficiency (s 7A(3)(a)). The remainder of the budget deficiency is charged to the rest of the district (s 7A(3)(b)). The statutory definitions in s 7A(5) tie the formula to the Local Government Act 1995 concept of “budget deficiency” and the Valuation Act definition of “general valuation”.

4. Owner powers of local government. The Town of Cambridge, where registered proprietor of parts of the said lands, is given the powers of a fee simple owner, notwithstanding the Local Government Act 1995 (s 40). This means the Town can sell, lease, develop and otherwise exercise owner functions subject to other Act obligations.

5. Earmarking and investment of sale proceeds. The Act obliges the Town to establish the Cambridge Endowment Lands Account (s 41(1)), credit proceeds of any sale of Town lands to it (s 41(2)), and apply the account funds to development of the said lands (s 41(5)). The Account funds may be transferred into reserve and invested “in any manner that a trustee may lawfully invest trust funds” (s 41(3)‑(4)).

6. Local law regulatory sweep. Section 42 grants power to make local laws under the Local Government Act 1995 procedures, specific to matters within the said lands such as building approvals, prohibiting certain businesses, subdivision control, residential density, building lines, public amenity elements and advertising hoardings (s 42(2)‑(17)). Local laws may impose a penalty not exceeding $40 for breaches and require Governor confirmation and gazettal (s 42(2), (3)).

7. Tolls and charges. Section 43 authorises local laws to levy tolls and charges in respect of a prescribed set of amenities and structures on the said lands, including piers, bathing booths, reserves, grandstands and sports grounds.

8. Title encumbrance and exceptions. The Act directs the Registrar of Titles to endorse the certificate of title of any purchaser from the City of Perth or the Town of Cambridge that the land is held subject to this Act (s 46(1)). A carved exception exists for lands acquired by the Workers’ Homes Board under the Workers’ Homes Act 1911, now referenced to the Housing Authority legacy (s 46(2)‑(4)).

9. Procedural import of other Acts. The Local Government Act 1995 and the Valuation of Land Act 1978 are incorporated by reference in several places (ss 6, 7, 7A, 42, 44), making their definitions and processes operational inputs to the regime.

Collectively the concepts allocate decision rights and revenue flows between the Town and ratepayers, create bespoke regulatory controls over land use and subdivision, and impose title notifications. The text binds sale proceeds to development of the said lands and gives the Town broad owner powers where it is registered proprietor (ss 40, 41). The regime combines municipal fiscal design with spatial land‑use controls tied to specific cadastral parcels.

The Act affects several discrete groups, with identifiable duties, rights and exposure determined by both property status and municipal role.

1. Registered proprietors of said lands. Any freehold or leasehold proprietor of land within the said lands who purchased or leased that land from the City of Perth or the Town of Cambridge is required to hold the land subject to the Act and any regulations or local laws made under it (s 46(1)). The Registrar of Titles is directed to endorse the certificate of title with a prescribed statement to that effect (s 46(1)). An exception applies where the Workers’ Homes Board (now the Housing Authority) acquired land under the Workers’ Homes Act 1911, in which case the endorsement is to be cancelled upon application (s 46(2)‑(4)).

2. Prospective purchasers and transferees. Anyone contracting to purchase or lease land that is part of the said lands from the City or Town will inherit a property that is subject to the Act’s regulatory and restrictive regime, including potential local law prohibitions on subdivision, transfer, leasing or parting with possession without local government consent (s 42(12)). The title endorsement requirement informs conveyancing searches and should be visible at the Registrar of Titles where the direction has been actioned (s 46(1)).

3. Town of Cambridge. The Town is both regulator and, where registered proprietor, a land owner. As the local government for the district it must determine the general rate for the said lands and the remainder of the district in accordance with the s 7A formula; it holds owner powers over “Town lands” equivalent to those of an estate in fee simple (ss 7A; 39; 40). The Town must establish and manage the Cambridge Endowment Lands Account to credit sale proceeds (s 41(1)‑(2)) and is authorised to invest and transfer funds into reserve and to apply funds in developing the said lands (s 41(3)‑(5)). The Town also has local law‑making authority over the said lands under procedures of the Local Government Act 1995 and must obtain Governor confirmation for those local laws (ss 42; 44).

4. Ratepayers across the Cambridge district. The Act affects the apportionment of the Town’s budget deficiency across ratepayers because s 7A fixes the share attributed to the said lands using the ratio of aggregate gross rental values. Ratepayers in the remainder of the district meet the residual budget requirement after the endowment lands assessment is calculated (s 7A(3)). This produces a formulaic shifting of burden that depends on the gross rental values in the general valuation (s 7A(5)).

5. Developers and builders. The local laws that the Town may make touch on building approvals, prohibitions on building unsightly structures, building lines, minimum lot areas for residences and classification of districts into residential, factory, business or noxious trade categories (s 42(2)‑(17)). Anyone planning building works on the said lands will be subject to these local law controls, and building plans may be refused or made conditional.

6. Licensing authorities and liquor applicants. Section 45 requires the Town’s written consent before any licensing authority can grant a licence under the Liquor Control Act 1988 for premises on the said lands. This imposes an additional procedural requirement on applicants and licensing bodies.

7. Users of public amenities. The Town can, by local law, levy tolls and charges for use of specified amenities on the said lands, such as piers, bathing booths, sports grounds and picnic kiosks (s 43). Operators or users of such amenities face the prospect of local law fees.

8. Registrar of Titles. The Registrar is directed to enter endorsements on title certificates for proprietors who acquired land from the City or Town (s 46(1)), and to cancel endorsements for qualifying Workers’ Homes Board acquisitions on application without fee (s 46(3)).

9. The Housing Authority in its historic role. The Act contemplates land once acquired by the Workers’ Homes Board and provides a mechanism to avoid the title endorsement applying to those parcels (s 46(2)‑(4)). The compilation notes record that the Workers’ Homes Board is now the Housing Authority.

10. The Governor. The Governor must confirm local laws for them to have the force of law in respect of the said lands, and local laws are published in the Government Gazette upon confirmation (s 42(3)).

In short, the Act affects property owners within the cadastral boundary of the said lands, the Town as local government and owner, district ratepayers via the rate apportionment rule, developers subject to local laws, licensing applicants for liquor, users of amenity facilities subject to tolls, and conveyancers and the Registrar of Titles through title endorsements (ss 3, 7A, 39‑46).

The Act distributes both affirmative duties and discrete rights among the Town of Cambridge, registered proprietors and other actors. Those duties and rights are expressed in specific clauses.

Duties of the Town of Cambridge

• Rate determination in prescribed manner: For each financial year the Town must determine the general rate for the said lands and the rest of the district using the s 7A formula that applies the proportion of aggregate gross rental values to the budget deficiency (s 7A(3)). This is a mandatory procedural duty when setting the budget and rates.
• Account establishment and accounting: The Town must establish the Cambridge Endowment Lands Account (the Account) and credit the proceeds of any sale of Town lands to it (s 41(1)‑(2)). The Town may transfer funds to a reserve and invest funds in trustee‑style investments (s 41(3)‑(4)), and must apply moneys in the Account in the development of the said lands (s 41(5)).
• Local law‑making and confirmation: The Town has the power to make local laws for the said lands under the Local Government Act 1995 procedures (s 42; s 44). These laws must be confirmed by the Governor and gazetted to have force (s 42(3)).
• Owner exercise: Where the Town is registered proprietor of Town lands it holds the powers of an owner of an estate in fee simple and must exercise those powers in accordance with the Act’s other obligations (s 40).

Rights of the Town of Cambridge

• Owner powers: s 40 gives the Town the substantive rights that accompany ownership of fee simple land, rendering it able to sell or lease Town lands subject to the Act.
• Investment and reserve discretion: s 41(3) allows the Town discretion to transfer funds from the Account into a reserve fund and to invest in any manner lawful for a trustee (s 41(4)).

Duties of registered proprietors and purchasers

• Subject to the Act: Purchasers of land in the said lands from the City or Town are to hold the land subject to the Act and its local laws and regulations (s 46(1)). The Registrar is directed to endorse titles with that statement (s 46(1)).
• Compliance with local laws: Owners must comply with any local laws made under s 42, including approvals for building plans, prohibitions, and conditions on subdivision and transfers (s 42(2)‑(17)).

Rights of registered proprietors and purchasers

• Title continuity: Owners retain their estate subject to the Act’s encumbrances; the Act does not itself extinguish freehold or leasehold estates but places regulatory conditions on their use and alienation (s 46(1)).
• Exceptions for Workers’ Homes Board/Housing Authority: Where the Workers’ Homes Board acquired land under the Workers’ Homes Act 1911, the endorsement does not apply and the Registrar on application must cancel prior endorsements without fee (s 46(2)‑(4)).

Duties of licensing authorities

• Require Town consent for liquor licences: No licence under the Liquor Control Act 1988 shall be granted for any building on the said lands without the Town’s written consent first being obtained (s 45). This places a precondition on licensing decisions.

Local law enforcement and penalties

• Local laws may impose penalties up to $40 for breaches (s 42(2)). Such penalties form a direct legal sanction for non‑compliance with local laws made under the Act.

Valuation duties

• Valuation to be determined in accordance with the Valuation of Land Act 1978 (s 6). The Town must use the gross rental values from the most recent general valuation for the s 7A calculations (s 7A(5)).

Registrar duties

• Endorsement and cancellation of endorsements on title as required by s 46(1) and s 46(3).

These duties and rights create an interlocking system: the Town has powers and obligations to manage and fund development of the said lands, owners are constrained by statutory encumbrances and local laws, and licensing and rating processes are procedurally linked to Town consent and specific valuation inputs (ss 6, 7, 7A, 40, 41, 42, 45, 46).

The Act builds enforcement capacity primarily through local laws and property‑based mechanisms rather than a stand‑alone enforcement apparatus. Its enforcement architecture comprises four interlinked elements: local law penalties, Governor confirmation, title endorsements, and statutory preconditions.

Local law contraventions and penalties

• Section 42(2) authorises the Town’s local laws to impose a penalty for breach, capped at $40. The Act therefore delegates enforcement of many regulatory controls to local laws made under the Local Government Act 1995 procedures, with monetary penalties available to the Town to prosecute breaches under those local laws (s 42(2)). The maximum prescribed penalty in the Act itself is fixed at $40.

Local law making, confirmation and legal force

• For a local law made under s 42 to have legal effect it must be made in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 and be confirmed by the Governor and published in the Government Gazette (s 42; s 44). This places a formal procedural safeguard around local law validity, and means enforcement under those local laws requires that they have satisfied statutory process and confirmation steps.

Title encumbrance and administrative enforcement

• The Registrar of Titles is instructed to endorse certificates of title or leases for land purchased or leased from the City or Town with the statement that the proprietor holds the land subject to the Act and its local laws (s 46(1)). That endorsement is an administrative enforcement tool; it notifies future purchasers and encumbers the title record to make the statutory restriction visible and enforceable via property law markets and conveyancing processes.

Statutory preconditions to other licences

• Section 45 creates a precondition to the grant of a liquor licence under the Liquor Control Act 1988 for premises on the said lands. A licensing authority cannot grant such a licence without the Town’s written consent. This creates an interlocking enforcement lever: refusal to consent by the Town prevents licensing even if other statutory requirements for a licence are satisfied.

Revenue and toll enforcement

• Section 43 authorises local laws to levy tolls and charges for specified amenities on the said lands. Enforcement for non‑payment would operate under the local law procedure and any penalty provisions contained in those local laws, subject to the $40 cap in s 42(2) unless local laws specify other remedies allowed by the Local Government Act 1995 procedures.

Owner powers and governance as enforcement context

• Section 40 gives the Town the powers of an owner in fee simple over Town lands. The Town can therefore enforce covenants, conditions and regulatory controls that it imposes when selling or leasing Town lands and can use common law property remedies where appropriate, subject to the Act’s other provisions.

Limitations and practical enforcement considerations

• The Act does not itself set out prosecution mechanisms, infringement notices, or higher monetary penalties; it delegates enforcement to the local laws that are made under it and to property mechanisms. The statutory penalty cap for local law breaches is stated in the Act as $40 (s 42(2)). The Act requires Governor confirmation for local laws (s 42(3)), which means enforcement depends on procedural compliance in law‑making. Title endorsements (s 46(1)) operate as a durable notice mechanism but do not create new criminal offences beyond the local laws.

Overall, enforcement is via municipal local laws, property title annotations and licensing preconditions, anchored by the Town’s owner powers and procedural requirements for local law making and gazettal (ss 40, 41, 42, 43, 45, 46). Practically, the Act relies on the Town’s regulatory capacity and on property market transparency effected by title endorsements to achieve compliance.

The Act expressly incorporates and interfaces with several other statutory regimes. Those interactions are both direct (statutory cross‑references) and functional (procedure and substantive dependence).

Valuation and rating statutes

• Section 6 makes the unimproved value determination a function of the Valuation of Land Act 1978. The Act therefore imports valuation methodology and administrative processes from that Act for the rate base.
• Section 7(2) expressly subjects rating of land in the said lands to the Local Government Act 1995, except where the Act makes specific provision. Section 7A, however, provides a special mechanism for determining the general rates to be applied to the said lands and the rest of the district, and its definitions cross‑refer to the Local Government Act 1995 concept of “budget deficiency” (s 7A(5)) and to the Valuation of Land Act 1978 for “general valuation” and “gross rental values” (s 7A(5)). In short, valuation outcomes and budgetary terms from those Acts feed into the rate apportionment formula.

Local Government Act procedures and powers

• Section 42 authorises the Town to make local laws “in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995” for matters specific to the said lands; s 44 further states that all necessary provisions and powers contained in the Local Government Act 1995 that may be required for carrying this Act into effect shall apply to the said lands as if enacted in this Act. This creates a procedural dependency on the Local Government Act 1995 for the validity and operation of local laws, publication, consultation and any other procedures required by that Act.

Liquor licensing

• Section 45 imposes an express precondition on grants under the Liquor Control Act 1988, requiring the Town’s written consent prior to a licensing authority granting a licence in respect of buildings on the said lands. This interlocks municipal consent with state liquor licensing processes.

Title registration and housing statutory history

• Section 46 directs the Registrar of Titles to endorse title documents to reflect the Act’s encumbrances and provides a process by which endorsements are cancelled for lands previously acquired by the Workers’ Homes Board under the Workers’ Homes Act 1911. The compilation notes confirm that the Workers’ Homes Board is now the Housing Authority, and that the Workers’ Homes Act 1911 has been repealed and succeeded by other housing statutes. The Act therefore acknowledges historical administrative arrangements and provides a mechanism to align title records with those legacy transactions.

Perry Lakes Redevelopment Act 2005

• The compilation table records the Perry Lakes Redevelopment Act 2005, and the statutory definition in s 3 expressly excludes “Perry Lakes redevelopment land” from the said lands. That exclusion creates a statutory carve‑out and prevents the Act’s provisions applying to the parcels described as Perry Lakes redevelopment land.

Amendments and repeal interplay

• The compilation notes and marginal annotations indicate multiple amendments and deleted sections. Parts III-V (ss 11-38) were deleted by later legislation; the Act must therefore be read with its amendments and reprints in mind. The Act’s provisions instruct reliance on the Local Government Act 1995 and the Valuation of Land Act 1978, so practitioners must consult those Acts for procedural detail.

Functional interactions, not restatement

• The Act does not restate procedural detail found in the referenced Acts but directs reliance upon them. For example, the local law‑making process and the rate‑setting process rely on the Local Government Act 1995; valuations and gross rental values for the ratio‑based rate apportionment rely on the Valuation Act. Licensing outcomes under the Liquor Control Act 1988 are modulated by the Town’s consent under s 45.

In practice, therefore, compliance and interpretation of the Cambridge Endowment Lands Act 1920 requires simultaneous reference to the Local Government Act 1995, the Valuation of Land Act 1978, the Liquor Control Act 1988 and the title registration processes under the relevant land administration statutes. The Act creates a framework that calls those statutes into operational effect for the said lands (ss 6, 7, 7A, 42, 44, 45, 46).

The compilation table and in‑text annotations in the reprint set out a multi‑stage amendment history from 1920 to the 2011 reprint. The Act was originally enacted as the City of Perth Endowment Lands Act 1920 and has been retitled and amended repeatedly. Key legislative events recorded in the reprint are as follows.

• 1920 original enactment: Enacted as the City of Perth Endowment Lands Act 1920, assented 31 December 1920. The long title and initial provisions established the endowment lands scheme and regulatory controls.

• 1936 amendment: The City of Perth Endowment Lands Act Amendment Act 1936 (No. 15 of 1936) made early changes; s 46 has an amendment dated 3 December 1936.

• 1965 Decimal Currency Act: The Decimal Currency Act 1965 (No. 113 of 1965) made currency adjustments to statutory penalty or monetary references in the Act where applicable.

• 1978 Valuation amendments: The Acts Amendment and Repeal (Valuation of Land) Act 1978 (Pt II) revised valuation references and led to insertion of s 6 which requires unimproved value to be determined under the Valuation of Land Act 1978.

• 1979/1980/1981 legislation: The State Energy Commission Act 1979 s 3(2) and the City of Perth Endowment Lands Amendment Acts of 1980 and 1981 (Nos 2 of 1980 and 7 of 1981) further amended the Act, with s 7A inserted by the 1980 Act and amended 1981.

• 1993 restructuring: The City of Perth Restructuring Act 1993 (No. 38 of 1993), Pt 5, was a significant structural change. It retitled the Act as the Cambridge Endowment Lands Act 1920 (noted in the Long Title insertion), transferred lands to the Town of Cambridge, carried over existing by‑laws (s 23 of that Act) and adjusted numerous sections. The reprint incorporates amendments made at that time, including replacing or deleting parts of the original Act (Parts III-V and sections 4-5, 8-10 etc were deleted).

• 1996 Local Government consequential amendments: The Local Government (Consequential Amendments) Act 1996 (No. 14 of 1996) modified cross‑references to the new Local Government Act 1995; multiple sections are annotated as amended by No. 14 of 1996 s 4.

• 1997 minor amendments and reprint: The Statutes (Repeals and Minor Amendments) Act 1997 (No. 57 of 1997) made further minor modifications and the Act was reprinted as at 17 November 2000.

• 2005 Perry Lakes exclusion: The Perry Lakes Redevelopment Act 2005 (No. 43 of 2005) is noted in the compilation table; s 3 was amended to define and exclude the Perry Lakes redevelopment land from the said lands.

• 2006 liquor licensing amendment: The Liquor and Gaming Legislation Amendment Act 2006 (No. 73 of 2006) amended s 45 so that a liquor licence for premises on the said lands cannot be granted without the Town’s consent. The commencement of that amendment is recorded as 7 May 2007.

• 2011 reprint: The reprint in force at 2 December 2011 consolidates the Act as amended up to that date.

In the body of the Act, several sections and parts have been deleted over time; for example, Parts III-V (ss 11-38) are deleted, and ss 2, 4, 5 and 8-10 are deleted with marginal notes indicating the amending instrument (see annotations). The compilation notes list the authoritative acts, their numbers, dates of assent and commencement that amended the original 1920 Act.

Practitioners must therefore consider not only the current text but also the compilation table and the in‑text marginal notes for the legislative lineage. The Act explicitly relies on subsequent statutes such as the Local Government Act 1995 and the Valuation of Land Act 1978, which were enacted after 1920 and incorporated into the operation of the Endowment Lands regime via amendment (s 6; s 7; s 7A; s 42; s 44). The compilation table should be consulted to identify which historical provisions were removed and to trace when the Town of Cambridge became the primary administering local government (City of Perth Restructuring Act 1993 Pt 5).

The reprinted statute and compilation material provided do not record any judicial decisions or litigation history. The Act’s reprint and notes list the amending statutes and reprints, but no cases or court citations are included in the text. The Act itself names no judicial determinations and the compilation table is silent on litigation.

Where litigation arises from the Act it would typically concern one or more of the following issues, each of which the Act’s text frames but does not itself resolve:

• validity of local laws made under s 42, including whether the Town followed the Local Government Act 1995 procedures and whether Governor confirmation and gazettal requirements were satisfied (s 42; s 44);
• disputes over rate calculations under s 7A and the correct calculation of the endowment lands assessment using gross rental values and the budget deficiency defined in the Local Government Act 1995 (s 7A(3) and (5));
• enforcement actions for breaches of local laws and the appropriate penalty where s 42 sets a maximum of $40 (s 42(2));
• property disputes arising from title endorsements under s 46, including claims for cancellation or remedies where the Registrar’s endorsement has or has not occurred in accordance with the Act;
• challenges related to the Town’s exercise of owner powers over Town lands under s 40, including sales, leases and application of proceeds to the Account under s 41, for example claims about improper investment or misuse of funds in contravention of s 41(5).

Given the absence of decisions in the statutory reprint, practitioners seeking litigation history must consult the consolidated law reports, tribunal decisions, databases of Western Australian case law and registry records for proceedings that might have tested these provisions. The statute itself does not provide a litigation catalogue or list of cases. The Act’s interaction with the Local Government Act 1995 and the Valuation of Land Act 1978 means relevant litigation may appear in cases addressing rating, valuation disputes, local law validity or licensing consent matters under the Liquor Control Act 1988.

In short, there is no litigation recorded in the provided text. Any case law relevant to interpretation, enforcement or disputes under the Cambridge Endowment Lands Act 1920 must be identified through targeted case law research in Western Australian courts and tribunals, and by searching legal databases for decisions referencing the Act, its sections (for example ss 7A, 40, 41, 42, 45, 46) or any local laws made under it.

The Act contains several features that can produce practical pitfalls for owners, developers, conveyancers and local government officials. These are not normative statements but close readings of the text that highlight implementation risks and areas where attention to process and documentation is essential.

1. Title endorsement is mandatory and visible. Section 46(1) instructs the Registrar of Titles to endorse titles of land purchased or leased from the City or Town that the registered proprietor holds the land subject to this Act. Practitioners should not assume absence of a covenant; instead, check title for the prescribed endorsement. Failure to check may result in unexpected constraints on use or alienation.

2. Carve outs for Workers’ Homes Board acquisitions. Section 46(2)‑(4) creates an exception for lands acquired by the Workers’ Homes Board under the Workers’ Homes Act 1911, with a statutory mechanism for cancellation of endorsements without fee on application by the Board. Historical transfers and the identity of the registered proprietor matter. Conveyancers dealing with older transfers or Housing Authority properties must confirm whether the endorsement applies or has been cancelled.

3. Rate calculation uses gross rental values, not unimproved value, for apportionment. The endowment lands assessment is determined by the percentage of aggregate gross rental values of the said lands relative to the district applied to the budget deficiency (s 7A(3)(a)). Gross rental values come from the most recent general valuation (s 7A(5)). This dual valuation input,unimproved value for rates per s 7(1) and gross rental values for apportionment per s 7A,can cause counterintuitive outcomes and requires careful numeric reconciliation between valuation bases during budget planning and rate modelling.

4. Governor confirmation is required for local laws to be effective. Section 42(3) requires Governor confirmation and Gazette publication for local laws to have force. A local law applied by the Town without confirmation will be subject to legal challenge. Officers making or enforcing local laws must confirm that the confirmation and gazettal steps have been completed.

5. Penalty cap appears modest. Section 42(2) sets the maximum penalty for local law breaches at $40. That number reflects the statute as amended and reprinted; enforcement strategies that rely solely on monetary penalty under the Act may be constrained. Practical enforcement may need to invoke additional remedies or seek higher monetary penalties via the Local Government Act 1995 mechanisms where available, but any such approach must align with the applicable law‑making powers and procedural requirements in s 42 and s 44.

6. Broad discretionary control over alienation and subdivision. Section 42(12) authorises local laws to prohibit a purchaser from subdividing or transferring part only of land purchased without the Town’s consent. This is a powerful property market control that affects marketability and financing. Purchasers should obtain express consent conditions early in negotiation.

7. Town’s owner powers carried despite Local Government Act 1995. Section 40 gives the Town all powers of an owner of fee simple in respect of Town lands, “notwithstanding the Local Government Act 1995”. That phrase may mean that some owner actions the Town takes will not be constrained by the Local Government Act 1995 limitations that might otherwise apply to local government land transactions; however, other parts of the Act and broader statutory law remain relevant. Practitioners should check for any procedural obligations in other statutes before relying solely on this provision.

8. Account earmarking but discretionary use. Section 41 requires sale proceeds be credited to the Cambridge Endowment Lands Account and applied in the development of the said lands (s 41(2), (5)). However the Town may transfer funds to reserve and invest as trustee (s 41(3)‑(4)). The Act provides significant discretion over timing and form of expenditure. Stakeholders seeking development outcomes tied to sale proceeds will need governance mechanisms and clear record keeping to ensure funds are applied in line with s 41(5).

9. Liquor licence precondition. Section 45 requires the Town’s written consent before a licensing authority can grant a liquor licence under the Liquor Control Act 1988. Applicants and licensing bodies must obtain that consent as a precondition. Failure to secure it could derail licensing applications.

10. Exclusion of Perry Lakes redevelopment land. The Act explicitly excludes Perry Lakes redevelopment land from “said lands” (s 3). Practitioners must not make blanket assumptions that the Act applies to any land within the broader Cambridge area; check the cadastral descriptions and whether a parcel falls into the excluded class.

11. Deleted provisions and historical text. Multiple sections and Parts were deleted by amendment over time. Reliance on historical practice or out‑of‑date local laws may be risky. Confirm local laws remain valid under current s 42 and that any transitional by‑laws carried over from the City of Perth under the 1993 restructuring have been explicitly adopted or amended by the Town (compilation note referencing City of Perth Restructuring Act 1993 s 23).

These “gotchas” emphasise the need to inspect title endorsements, valuation bases, local law confirmation, Town consent requirements and account records, and to be alert to the statutory discretion granted to the Town in investment, development decisions and local law content (ss 3, 6, 7, 7A, 40, 41, 42, 45, 46).

This section sets out concrete steps practitioners and affected actors should take to align actions with the Act’s obligations and to manage the implementation risks identified by the text. Each recommended action is tied to the relevant statutory provision.

1. Identify whether land is within the “said lands”

• Check cadastral descriptions in s 3 to determine whether a parcel is part of the Endowment Lands, the Lime Kilns Estate or Reserve ↑16921, and confirm whether it is excluded as Perry Lakes redevelopment land. Do not assume proximity to Cambridge is sufficient; the Act uses precise parcel descriptions.

2. Review title for statutory endorsement

• Examine the certificate of title for the prescribed endorsement required by s 46(1). If the land was acquired from the City of Perth or the Town of Cambridge, the Registrar should have endorsed the title stating the land is held subject to the Cambridge Endowment Lands Act 1920. Where the Workers’ Homes Board (or Housing Authority) holds title and you assert an exception, apply to the Registrar for cancellation of the endorsement under s 46(3) and provide the required sealed notice under s 46(4) if applicable.

3. Validate valuation inputs for rates and budgeting

• For rate modelling and budgeting, obtain the most recent general valuation determined by the Valuer‑General under the Valuation of Land Act 1978 because s 7A(5) requires the Town to use the aggregate gross rental values from that valuation when calculating the endowment lands assessment. Also verify unimproved values used for rate imposition on said lands under s 6 and s 7(1).

4. If acting for the Town, follow the s 7A formula and document calculations

• The Town must determine the general rate for the said lands so that it yields an amount equal to the percentage proportion of the budget deficiency described in s 7A(3)(a). Maintain transparent records showing the gross rental values used, the budget deficiency as defined in the Local Government Act 1995, and the arithmetic to the first decimal place as specified in s 7A(3). For the remainder of the district, record the balancing computation per s 7A(3)(b).

5. Establish and administer the Cambridge Endowment Lands Account properly

• If the Town is managing proceeds from sales of Town lands, open the Cambridge Endowment Lands Account as required by s 41(1), credit sale proceeds to it (s 41(2)), and record transfers into reserve funds (s 41(3)). When investing the Account’s funds, ensure investments are within trustee investment powers as s 41(4) requires. Keep records that show moneys are applied to the development of the said lands per s 41(5).

6. For local law making and enforcement, comply with the Local Government Act 1995 processes

• Any local law under s 42 must be made in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 and be submitted for Governor confirmation and gazettal under s 42(3) to attain legal force. Maintain procedural documentation of public consultation, notices and confirmation. Draft local laws carefully to address the specific matters listed in s 42(2)‑(17) and to specify penalties mindful of the $40 cap in s 42(2).

7. For licensing and liquor matters, secure written Town consent early

• Applicants for liquor licences affecting buildings on the said lands must obtain the Town’s written consent prior to the licensing authority granting a licence, as s 45 requires. Obtain and retain that consent in writing and ensure the licensing authority records it in the application file.

8. For property transactions, obtain Town consents where required

• When selling, subdividing, leasing or otherwise dealing with land in the said lands, check whether local laws enacted under s 42 prohibit or condition subdivision, transfer, assignment or parting with possession without consent. Secure such consents before contract completion to avoid post‑contractual regulatory obstacles.

9. For developers and builders, secure building plan approvals and check district classifications

• Local laws may prohibit erection of buildings without local government approval and may classify districts by permitted use per s 42. Seek pre‑application advice from the Town, submit plans for approval, and verify whether minimum lot area, building lines, height restrictions and amenity protections apply.

10. Maintain records and transparency for account application and investments

• Given the Account’s earmarking for development of the said lands (s 41(5)) and the Town’s investment discretion (s 41(4)), maintain clear accounting, investment policy records and minutes documenting decisions to move funds into reserve or to invest, to demonstrate compliance with the Act.

11. Legal review of local laws and enforcement mechanisms

• Because s 42 confers a broad regulatory sweep and local laws attract penalties up to $40, obtain legal review of local laws for compliance with the Local Government Act 1995 procedures, human rights considerations and to ensure enforceable remedies are in place. Consider structuring compliance strategies that do not rely solely on monetary penalties where they may prove inadequate.

12. Re‑check historical exceptions and transitional provisions

• For land transactions predating the 1993 restructuring or involving historic Workers’ Homes Board dealings, confirm whether transitional provisions in the City of Perth Restructuring Act 1993 and cancellation mechanisms in s 46 apply.

Following these steps aligns management actions with the Act’s text and procedural cross‑references (ss 3, 6, 7, 7A, 39‑46). It reduces the risk of inadvertent non‑compliance, ensures correct rate and valuation inputs are used, secures necessary consents, and preserves proper accounting of sale proceeds for development purposes.