Canning Lands Revestment Act 1954 (Western Australia)

Mechanically, the Canning Lands Revestment Act 1954 (WA) revests specified parcels in the Crown, cancels and amends particular reserves, closes and extinguishes specified roads and rights‑of‑way, transfers title to adjoining private owners for certain street widenings, dedicates a defined set of roads as public highways, and authorises the Governor to grant revested land to the State Housing Commission without monetary consideration. Those actions are implemented by written provisions that operate on the coming into operation of the Act (see s 2-10 and the three Schedules).

The Act’s stated administrative purpose appears in the Preamble. It records that the State Housing Commission, constituted under the State Housing Act 1946-1954, has acquired or intends to acquire lands described on two Lands and Surveys Department plans (original plans 6139 and 6140, designated Canning Locations 1274 and 1275) and intends to effect a re‑subdivision of those lands and include additional lands listed in the First Schedule. The Preamble asserts that, for the re‑subdivision, certain roads and rights‑of‑way described in the Second Schedule should be closed and extinguished, and that all lands subject to the Act, together with mineral rights under them, should be revested in Her Majesty as of her former estate (Preamble). The Preamble therefore frames the Act as enabling consolidation of land holdings and re‑subdivision for State Housing Commission purposes.

The Act effects the changes by specific dispositive clauses:

Cancellation and excision of reserves: Reserve No. 21946 for pine plantation is cancelled; Reserve No. 10555 (public utility) is amended to excise the portion described in the First Schedule (s 2; First Schedule).
Closure and extinguishment of roads and rights‑of‑way: Portions detailed in the Second Schedule are closed and rights‑of‑way over them cease on commencement; the portions are revested in the Crown as of her former estate (s 3(1)-(2); Second Schedule).

CrestWestern Australia

Canning Lands Revestment Act 1954

Western Australia

Canning Lands Revestment Act 1954

Contents

Short title 2
Cancellation of and excision of portion from reserve 2
Closure of certain roads and extinguishment of certain rights‑of‑way 2
Revesting of lands, and mineral rights 2
Revestment of strips of land abutting Coventry and Lamb Streets 2
Revestment of land held in trust by City of Perth 3
Closure of portions of certain street widenings 3
Deviation of Braebrise Road 4
Dedication of certain roads 4
Crown Grant of revested land may be given 5

First Schedule

Second Schedule

Third Schedule

Notes

Compilation table 13

Western Australia

Canning Lands Revestment Act 1954

An Act relating to the Resubdivision of certain Lands in the Canning District, and to certain Rights, Roads and Reserves in that District and for other purposes.

Whereas the State Housing Commission constituted under the State Housing Act, 1946‑1954, has acquired or desires to acquire for the purposes of that Act certain lands in the Canning District being those lands delineated on Lands and Surveys Department 2 Original plans 6139 and 6140 and thereon designated as Canning Locations 1274 and 1275 respectively and desires to effect a re‑subdivision of the lands and to include in the re‑subdivision of the lands described in the First Schedule to this Act; and whereas for the purposes of the re‑subdivision it is necessary or desirable that certain roads and rights‑of‑way as described in the Second Schedule to this Act should be closed and extinguished and that all the lands the subject of this Act, together with the rights to any mines of coal or other minerals under the lands excepting however the whole of the lands described in section seven of this Act and also the whole of the lands described in the Third Schedule to this Act together with the aforesaid rights appurtenant thereto, should be revested in Her Majesty as of her former estate:

Be it therefore enacted by the Queen's most excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly in this present Parliament assembled, and by authority of the same, as follows: —

1. Short title

This Act may be cited as the Canning Lands Revestment Act, 1954.

2. Cancellation of and excision of portion from reserve

(1) Reserve No. 21946 set apart for the purpose of pine‑plantation is cancelled.

(2) Reserve No. 10555 set apart for public utility is amended to excise the portion described in the First Schedule to this Act.

3. Closure of certain roads and extinguishment of certain rights‑of‑way

(1) All those portions of roads and rights‑of‑way as described in the Second Schedule to this Act are closed and extinguished and all rights‑of‑way over them cease on the coming into operation of this Act.

(2) The portions are revested in Her Majesty as of her former estate.

4. Revesting of lands, and mineral rights

The lands the subject of the Plans mentioned in the Preamble to this Act, and all rights to mines of coal or other minerals under the lands are revested in Her Majesty as of her former estate freed and discharged from the estate, right, title, interest, claim or demand of all persons whomsoever to or in respect of the lands or rights and the lands are deemed to be Crown land under and for the purposes of the Land Act, 1933‑1954.

5. Revestment of strips of land abutting Coventry and Lamb Streets

(1) A strip of land three feet wide abutting and extending along the width of a north‑western end of Coventry Street, and being portion of Canning Location 2 on Land Titles Office 2 Plan No. 1995 and being part of the land comprised in Certificate of Title Volume 238 Folio 166 registered in the name of The Intercolonial Investment Land and Building Company Limited, is revested in Her Majesty as of her former estate.

(2) A strip of land three links wide abutting and extending along the south‑eastern boundary of Lamb Street from Taree Street to the western corner of Lot 41 on Land Titles Office 2 Plan 3028 and being part of the land comprised in Certificate of Title Volume 438, Folio 198 registered in the name of Jeannie Lamb of Rose Bay near Sydney in the State of New South Wales Widow the Executrix of the will of John Lamb deceased, is revested in Her Majesty as of her former estate.

6. Revestment of land held in trust by City of Perth

All that piece of land comprising portion of Canning Location 2 the subject of Land Titles Office 2 Diagram 10090 and being the whole of the land comprised in Certificate of Title Volume 1077 Folio 293 registered in the name of The City of Perth and being subject to Declaration of Trust No. 4/1942, dated the 19th day of May, 1942, whereby The City of Perth acknowledged holding the land in trust for the purpose of recreation for the people, is hereby revested in Her Majesty as of her former estate with the intention that the land shall be included in Canning Location 1274 as mentioned in the Preamble to this Act, the subdivision of which shall provide for the reservation of other areas suitable for recreation purposes.

7. Closure of portions of certain street widenings

(1) The portions of Coolgardie, Ashburton, Queen and Behan Streets being the widenings contiguous to Lots 17, 18, 34, 49 and 50 of Canning Location 2 on Land Titles Office 2 Plan No. 6099 are closed and all rights‑of‑way over them cease on the coming into operation of this Act.

(2) The land comprised in each portion of the streets closed by the operation of the preceding subsection vest for an estate in fee simple in the respective owners for the time being of the lot contiguous thereto and shall be included in and form portion of that lot.

(3) The Registrar of Titles shall, on the application of the owner of the land contiguous to any part of the road so closed and on payment of the prescribed fee, cancel the relative Certificate of Title and issue a new one in which the relative portion of the land as described in subsections (1) and (2) of this section shall be included.

(4) Where any land contiguous to the part of the road so closed as is mentioned in subsections (1) and (2) of this section is subject to any encumbrance whether by way of mortgage or otherwise, as regards any estate or interest in the land, then the part shall, if the nature of the encumbrance so admits, on the issue of the new Certificate of Title showing the vesting of the part as in this section provided, become subject to the encumbrance as if it had been originally included in the encumbrance by the owner for the time being of that estate or interest.

8. Deviation of Braebrise Road

(1) Braebrise Road is deviated in the manner shown on Lands and Surveys Department 2 Diagram No. 63079 and the land coloured dark brown thereon is revested in Her Majesty as of her former estate freed and discharged from the estate, right, title, interest, claim or demand of all persons whomsoever.

(2) The land comprised in the portion of Braebrise Road as shown coloured blue on Lands and Surveys Department 2 Diagram No. 63079, which is closed by deviation by the operation of this section is included in Canning Location No. 1275 and revested in Her Majesty as of her former estate as provided in section four of this Act and is deemed to be Crown land under and for the purposes of the Land Act, 1933‑1954.

9. Dedication of certain roads

All roads delineated on and included in the subject of Land Titles Office 2 Plans numbered 6412 to 6424 inclusive and 6531, and diagram No. 18217, together with the roads described in the Third Schedule to this Act are dedicated as public roads as from the date of approval by the Surveyor General or other person appointed by the Governor of the plans, notwithstanding anything contained in the provisions of either the Municipal Corporations Act, 1906‑1953, or the Road Districts Act, 1919‑1951, relating to the roads.

10. Crown Grant of revested land may be given

The Governor may grant to The State Housing Commission without any monetary consideration whatsoever the fee simple of the whole or any portion of the lands which are revested in Her Majesty by the operation of this Act.

First Schedule

DESCRIPTION OF RESERVED LANDS.

(a) The whole of Reserve 21946 reserved for Pine Plantation.

(b) The portion of Reserve 10555, reserved for Public Utility, now comprised in Hill View Terrace, as shown on Land Titles Office 2 Plan No. 6418.

Second Schedule

DESCRIPTION OF ROADS AND RIGHTS‑OF‑WAY CLOSED AND EXTINGUISHED.

The portion of Jarrah Road on Land Titles Office Plan 2179, now included in Land Titles Office Plan No. 6412.

All the roads delineated on and included in the subject of Land Titles Office Plan No. 2179, save and except the portion of Jarrah Road comprised therein.

All the roads delineated on and included in the subject of Land Titles Office Plans 2592 and 2900, together with road truncations delineated on Land Titles Office Diagram 8643.

Jarrah Road from the north‑western alignment of Marquis Street to the eastern alignment of Road No. 130 including truncations (Lands and Surveys Department 2 Plan 5254).

The portion of Jarrah Road being the truncation at its intersection with the western side of Road No. 130 (Lands and Surveys Department 2 Plan 5254).

Boundary Road from the north‑eastern alignment of Jarrah Road to the production north‑westerly of the south‑western alignment of Taree Street (Land Titles Office Plans 129 and 2711).

Devenish Street from the production south‑westerly of the south‑eastern boundary of Canning Location 1063 (late Lot 116 on Land Titles Office Plan 2775) to the north‑western alignment of Boundary Road (Land Titles Office Plan 129).

Whittlesford Avenue from the north‑eastern alignment of Devenish Street to the south‑western alignment of Berwick Street (Land Titles Office Plans 2022 and 5864).

Baillie Avenue from the north‑eastern alignment of Devenish Street to the south‑western alignment of Berwick Street (Land Titles Office Plans 2022, 5864, and Land Titles Office Diagram 10090).

The road truncations on Land Titles Office Diagram 10089 situated at the northern and eastern corners of the land comprised in Land Titles Office Diagram 10090.

The portions of Berwick Street being truncations at its intersection with Whittlesford and Baillie Avenues (Land Titles Office Plan 5864).

Hill View Terrace from the north‑eastern alignment of Devenish Street to the production north‑westerly of the south‑western alignment of Berwick Street including the truncation at the western corner of Canning Location 1160 (Land Titles Office Plans 3342, 5864 and Lands and Surveys Department 2 Plan 5100).

Berwick Street from the south‑eastern alignment of Hill View Terrace to the north‑western alignment of Boundary Road including truncations (Land Titles Office Plan 5864).

Alday Street from the north‑eastern alignment of Devenish Street to the straight line being the perpendicular dropped from the western corner of Lot 71 to the north‑western alignment of Alday Street (Land Titles Office Plan 3342) including truncations (Lands and Surveys Department 2 Plan 5100).

Leichardt Street from the north‑eastern alignment of Devenish Street to the straight line joining the southern corner of Lot 17 and the western corner of Lot 46 (Land Titles Office Plan 1995).

Wyndham Street from the north‑eastern alignment of Devenish Street to the straight line being the perpendicular dropped from the southern corner of Lot 5 on Land Titles Office Diagram 8669 to the south‑eastern alignment of Wyndham Street (Land Titles Office Plan 1995).

Coventry Street from the south‑eastern alignment of Hill View Terrace to the north‑western alignment of Boundary Road including the truncation at the northern corner of Canning Location 1116 (Land Titles Office Plans 1995, 3342 and Lands and Surveys Department 2 Plan 5100).

The one chain road running along the north‑eastern boundary of Canning Locations 1137 to 1148 inclusive, from the south‑eastern alignment of Hill View Terrace to the production north‑easterly of the south‑eastern boundary of the Canning Location 1148 including truncations (Land Titles Office Plan 5100).

Marquis Street from the north‑eastern boundary of Canning Location 65 to the south‑western boundary of Canning Location 2 (Land Titles Office Plan 2125).

Boundary Street from the south‑eastern alignment of Marquis Street to its junction with Road No. 123 (Land Titles Office Plan 2125 and Lands and Surveys Department 2 Diagram 52175).

Earl Street from the south‑eastern alignment of Marquis Street to the north‑western alignment of Road No. 123 (Land Titles Office Plan 2125).

Duke Street from the south‑eastern alignment of Marquis Street to the north‑western alignment of road No. 123 (Land Titles Office Plan 2125).

Princess Street from the north‑eastern alignment of Duke Street to the western alignment of Road No. 130 (Land Titles Office Plan 2125).

York Street from the south‑eastern alignment of Marquis Street to the north‑western boundary of Lot 1 of Canning Location 1 (Land Titles Office Plans 2125 and 4331).

King Street from the eastern alignment of Road No. 130 to the south‑western alignment of York Street (Land Titles Office Plan 2125).

High Street from the eastern alignment of Road No. 130 to the south‑western alignment of York Street (Land Titles Office Plan 2125).

Royal Street from the eastern alignment of Road No. 130 to the south‑western alignment of York Street (Land Titles Office Plan 2125).

Road No. 130 from its junction with road No. 123 to the south‑western alignment of Devenish Street (Land Titles Office Plans 2125 and 2900 and Lands and Surveys Department 2 Plans 5254 and Canning 156).

The portion of road No. 123 from the production westerly of the northern alignment of Road No. 7836, running generally north‑easterly and south‑easterly, to the north‑western alignment of Lord Street (Land Titles Office Plan 2125 and Lands and Surveys Department 2 Diagram 52175).

The portions of Road No. 7836 being the truncation at its junction with Road No. 123 at the western corner of Lot 2 of Canning Location 328, and the truncation at its intersection with the south‑eastern alignment of Lord Street (Lands and Surveys Department 2 Diagram 52175).

Lord Street from the northern alignment of Road No. 7836 to the south‑western alignment of Road No. 123 (Land Titles Office Plans 2125 and 5375), including the truncation adjacent to Road No. 123.

Lord Street from the production north‑westerly of the north‑eastern alignment of Clyde Street to the south‑western alignment of York Street (Land Titles Office Plans 2125 and 4331).

Braebrise Road from the south‑eastern alignment of Lord Street to the production south‑westerly of the north‑western boundary of Lot 18 of Canning Location 1 (Land Titles Office Plans 2461 and 4331).

The one chain road running along the south‑western boundary of Lots 10 and 11, and the western boundary of Lot 13, from the western corner of the said Lot 10 to the northern alignment of Road No. 123 (Land Titles Office Plan 4331).

Portion of Quinn Street being a three link strip running inside and along its south‑eastern alignment from the north‑eastern alignment of Taree Street to the south‑western alignment of Chapman Road (Land Titles Office Plan 3028).

Taree Street from a straight line parallel to and situated three links north‑westerly from the production of the south‑eastern alignment of Quinn Street to the north‑western alignment of Wyong Street (Land Titles Office Plans 2711 and 3028).

Mount Elliott Street from the north‑eastern alignment of Taree Street to the south‑western alignment of Chapman Road (Land Titles Office Plan 3028).

Lamb Street from the north‑eastern alignment of Taree Street to the south‑western alignment of Chapman Road (Land Titles Office Plan 3028).

Coolgardie Street from the north‑eastern alignment of Taree Street to the production north‑westerly of the north‑eastern alignment of Pollock Street (Land Titles Office Plans 2711 and 6099).

Pollock Street from the south‑eastern alignment of Coolgardie Street to the north‑western boundary of Lot 2 of Canning Location 2 (Land Titles Office Plans 3179 and 3277).

All those portions of rights‑of‑ways as follows:‑

(i) All those delineated on, and included in the subject of, Land Titles Office Plan 2592.

(ii) All those delineated on, and included in the subject of, Land Titles Office Plan 2900.

(iii) Commencing on the south‑western alignment of Berwick Street between Langler Street and Whittlesford Avenue and running south‑westerly along the south‑eastern boundaries of

(a) part of the land on Land Titles Office Plan 5864,

(b) Lot 101 of Canning Location 2 (Land Titles Office Plan 2775), and

to the north‑eastern alignment of Devenish Street.

(iv) Along the south‑western boundaries of Lots 35 and 42 of Canning Location 2 (Land Titles Office Plan 2022).

(v) Along the south‑eastern boundaries of Canning Locations 1149, 1148, a one chain road and Canning Locations 1125 and 1124 (Land Titles Office Plan 3342 and Lands and Surveys Department 2 Plan 5100).

(vi) All those delineated on, and included in the subject of, Land Titles Office Plan 3028.

Third Schedule

DESCRIPTION OF ADJOINING ROADS DEDICATED AS PUBLIC HIGHWAYS.

“Hill View Terrace” one chain in width from the south‑western alignment of Berwick Street to the south‑western alignment of Albany Highway. (Land Titles Office Plans 3342 and 5864).

“Berwick Street” one chain in width from the north‑western alignment of Hill View Terrace to the south‑eastern alignment of Balmoral Street including —

(a) truncations at its intersection with Langler and Camberwell Streets and Balmoral Street and the truncation on its north‑eastern alignment at its intersection with Hill View Terrace;

(b) portion of each of Baillie and Whittlesford Avenues; and

“Behan Street” one chain in width from the production south‑easterly of the north‑eastern alignment of Pollock Street to the south‑western alignment of Chapman Road including the truncation at its junction with Chapman Road (Land Titles Office Plans 3277 and 6099).

Notes

This is a compilation of the Canning Lands Revestment Act 1954 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Short title	Number and year	Assent	Commencement
Canning Lands Revestment Act 1954	67 of 1954	30 Dec 1954	30 Dec 1954

2 Lands and Surveys Department and Titles Office plans are now being held by the Western Australian Land Information Authority (see the Land Information Authority Act 2006 s. 100).

Western Australia

Canning Lands Revestment Act 1954

Western Australia

Canning Lands Revestment Act 1954

Contents

Short title 2
Cancellation of and excision of portion from reserve 2
Closure of certain roads and extinguishment of certain rights‑of‑way 2
Revesting of lands, and mineral rights 2
Revestment of strips of land abutting Coventry and Lamb Streets 2
Revestment of land held in trust by City of Perth 3
Closure of portions of certain street widenings 3
Deviation of Braebrise Road 4
Dedication of certain roads 4
Crown Grant of revested land may be given 5

First Schedule

Second Schedule

Third Schedule

Notes

Compilation table 13

Western Australia

Canning Lands Revestment Act 1954

An Act relating to the Resubdivision of certain Lands in the Canning District, and to certain Rights, Roads and Reserves in that District and for other purposes.

The Act operates through a small set of legal mechanisms that appear repeatedly across its sections:

Revesting in Her Majesty as of her former estate. Several provisions explicitly revest land and certain rights in the Crown, and describe the revesting as being in Her Majesty “as of her former estate” and freed and discharged from any prior estate, right, title, interest, claim or demand of all persons (s 3(2), s 4, s 5, s 6, s 8(1)-(2)). The effect of those words in the Act is to convert the relevant parcels into Crown land, and to extinguish private claims to those parcels and to specified mineral rights (s 4).
Extinguishment of rights and claims. The Act repeatedly declares the cessation of rights‑of‑way and other rights on commencement. Section 3(1) closes the portions of roads and rights‑of‑way in the Second Schedule and makes all rights‑of‑way over them cease on the coming into operation of the Act. Section 4 revests lands and “all rights to mines of coal or other minerals under the lands” and states the revesting is “freed and discharged from the estate, right, title, interest, claim or demand of all persons whomsoever”. Those clauses are explicit statutory extinguishment provisions.
Conversion to Crown land under the Land Act regime. Where the Act revests land in the Crown it expressly deems that land to be Crown land under the Land Act 1933-1954 (s 4 and s 8(2)). This imports the Land Act’s administrative framework for dealing with Crown land, including allocation, leasing, sale and other disposals governed by the Land Act. The Act does not itself set out disposal modalities beyond empowering the Governor to grant (s 10).
Local title adjustments for street widenings. Section 7 provides for the closure of specified street widenings and vests those portions in fee simple in adjoining lot owners as part of their lots. It directs the Registrar of Titles to cancel and reissue certificates on application and payment of a prescribed fee (s 7(2)-(3)), and anticipates existing encumbrances might extend to the newly included land “if the nature of the encumbrance so admits” (s 7(4)).
Dedication of roads as public highways. Section 9 dedicates a defined list of roads as public roads from the date of approval by the Surveyor General or his appointee, expressly operating “notwithstanding anything contained in the provisions” of the Municipal Corporations Act or the Road Districts Act that relate to roads. That is a statutory override of those Acts’ procedural or substantive controls in respect of the listed roads.
Executive discretion to transfer revested land to the State Housing Commission without payment. Section 10 authorises the Governor to grant fee simple title of any portion of the lands revested by the Act to the State Housing Commission for no monetary consideration. The legal power sits with the Governor acting under section 10.
Particular, enumerated land descriptions. Rather than leave descriptions to a general schedule, the Act relies on named Land Titles Office plans, Lands and Surveys Department diagrams and Certificates of Title (First, Second and Third Schedules). Many clauses operate by reference to those plans, including the Braebrise Road deviation shown on a specified diagram (s 8) and the dedication of roads listed in the Third Schedule and on particular plan numbers (s 9).

Collectively, these concepts indicate the Act is an instrument of land consolidation and administrative reclassification, shifting particular parcels and rights into Crown ownership and reconfiguring the road and title network to facilitate re‑subdivision and later disposal to the State Housing Commission.

The Act identifies particular named persons and classes who are directly affected, and creates implications for several public agencies.

Directly named private persons and owners

The Intercolonial Investment Land and Building Company Limited. Section 5(1) revests a three‑foot strip that is part of the land comprised in Certificate of Title Vol. 238 Fol. 166 which is registered in the name of that company, returning that strip to the Crown.
Jeannie Lamb (described as widow and executrix). Section 5(2) revests a three‑link strip abutting Lamb Street that forms part of Certificate of Title Vol. 438 Fol. 198 registered in her name.
The City of Perth. Section 6 revests a parcel that was registered in the name of The City of Perth and was subject to Declaration of Trust No. 4/1942. That trust interest is extinguished by revesting and the land is to be included in Canning Location 1274.

Owners of lots contiguous to specified street widenings. Section 7 closes specific street widening portions and vests them in fee simple in the respective owners for the time being of the contiguous lot. Those owners gain land immediately on operation of the Act, subject to s 7(4) regarding encumbrances.

All persons with rights‑of‑way, easements, mineral rights or other claims to the lands identified in the Preamble, Schedules and sections 3-8. The Act expressly extinguishes claims, rights and mineral rights under the revested land (s 3(1), s 4, s 8(1)). Those rights holders will have their rights ceased by operation of the statute.

State and local public bodies

The State Housing Commission. The Preamble and s 10 make the Commission both a principal beneficiary and the intended instrument for subsequent subdivision and development. The Governor may grant revested land to the Commission without monetary consideration (s 10).
The Governor and executive officers. The Governor has the power to grant fee simple title to the State Housing Commission under s 10. The Surveyor General or a person appointed by the Governor must approve plans for dedication under s 9. The Registrar of Titles is required to cancel and reissue certificates of title on application and fee payment when street widenings are closed and vested in adjoining owners (s 7(3)).
Land Titles Office/Lands and Surveys Department. The Act is heavily reliant on departmental plan and diagram references, and the notes indicate the Lands and Surveys plans and Titles Office plans are now held by Land Information Authority (note 2). The Registrar of Titles performs the administrative function under s 7(3).

Community and road users. Dedication of roads as public highways (s 9) changes who controls and maintains those roads. Closure of specified existing roads and rights‑of‑way will affect users who previously had access by right, as all rights are declared to cease on commencement (s 3(1)).

Encumbrancers. Section 7(4) expressly contemplates that existing mortgages or other encumbrances over contiguous land may, if the encumbrance “admits”, extend to the newly vested portions on issue of the new certificate. Mortgagees and other encumbrancers should therefore be attentive to the title changes and the Registrar’s actions.

Practitioners and compliance officers. Lawyers, conveyancers, bankers and local authorities engaged in title and land administration in the Canning district will be affected administratively by the new titles, cancellations and dedications, and by the declaration that lands become Crown land under the Land Act (s 4).

In short, the Act concentrates benefits to the State Housing Commission and adjacent lot owners from the street widening closures, while extinguishing rights held by numerous other parties who previously had claims, easements or mineral rights over the specified parcels. The administrative bodies (Surveyor General, Registrar, Governor) are given specific operational responsibilities in the implementation.

This section sets out the statutory obligations and entitlements created by the Act, with references to the relevant sections and schedules.

Rights created or confirmed

Crown ownership and Crown land status. Lands described in the Preamble, the First Schedule, and lands shown on specified plans and diagrams are vested in Her Majesty and, where specified, are deemed Crown land for the purposes of the Land Act 1933-1954 (s 4; s 8(2); First Schedule).
Fee simple vesting in adjoining owners for certain street widenings. Section 7(2) vests the land comprised in each portion of closed street widenings in fee simple in the respective adjoining owners, and mandates inclusion of that land in the respective lots.
Dedication of roads as public highways. Section 9 dedicates specific roads as public roads from the date of approval by the Surveyor General or the Governor’s appointee irrespective of conflicting provisions in the Municipal Corporations Act or the Road Districts Act. This gives the public a statutory right to the use of those roads as public highways from the date of the required approval.
Power to grant to State Housing Commission. Section 10 gives the Governor the substantive right and power to grant the fee simple of any of the lands revested by the Act to the State Housing Commission without monetary consideration. That creates an entitlement on the executive side to effect transfers to the Commission.

Duties imposed or administrative steps required

Closure and extinguishment obligations are automatic on the Act’s commencement. Section 3(1) closes and extinguishes the enumerated portions of roads and rights‑of‑way “on the coming into operation of this Act”. There is no separate administrative step required to effect the extinguishment beyond the statutory operation.
Registrar of Titles duties. Section 7(3) requires the Registrar of Titles, on the application of an owner of land contiguous to any part of a road closed under s 7 and on payment of the prescribed fee, to cancel the relative Certificate of Title and issue a new one that includes the relative portion. The Registrar therefore must act on application.
Encumbrance continuation where possible. Section 7(4) creates a mechanism for continuity of encumbrances. Where a contiguous lot is subject to encumbrance, and if the nature of the encumbrance admits, then on issue of the new certificate showing the vesting, the newly included part becomes subject to the encumbrance as if included originally. That places evidentiary and interpretive duties on the Registrar and on the parties to mortgage documentation.
Survey approvals for dedication. Section 9 conditions the dedication of the listed roads as public roads on the approval of plans by the Surveyor General or a person appointed by the Governor. The Surveyor General therefore must examine and approve plans; dedication is effective from that approval date.

Rights extinguished or curtailed

Rights‑of‑way extinguished. Section 3(1) states all rights‑of‑way over the portions described in the Second Schedule “cease” on the Act’s coming into operation. That extinguishes easements and similar access rights over those parcels.
Mineral and mining rights revested. Section 4 explicitly revests “all rights to any mines of coal or other minerals under the lands” in the Crown. That extinguishes prior mining rights and places subsurface mineral interests under Crown control for Land Act administration.
Trust obligations extinguished by revesting. Section 6 revests a parcel that was held by the City of Perth under Declaration of Trust No. 4/1942. The text shows the trust is replaced by Crown vesting, with an express “intention” that the land be included in Canning Location 1274 and subdivision will provide for other areas for recreation. The trust instrument is effectively displaced by statutory revesting.

Discretion and executive action

Governor’s grant power. Section 10 vests discretion in the Governor to grant fee simple title to the State Housing Commission without monetary consideration. The statute does not prescribe criteria or procedures for exercise of that discretion. The Governor, presumably acting on Executive advice, decides whether to grant and the terms of any grant.
Surveyor General’s approval for road dedication. Section 9 requires the Surveyor General or a person appointed by the Governor to approve plans before dedication of the listed roads becomes effective. That is an administrative discretion to validate the surveys and plans.

Limitations and conditions

Encumbrances may carry over only if their nature admits. Section 7(4) prevents a blanket automatic attachment of encumbrances to the newly included land; continuation depends on the nature of each encumbrance.
Dedication notwithstanding other Acts. Section 9 characterises a statutory override of local government controls where necessary. That reduces procedural barriers to dedication but places the power to determine effective dedication with the Surveyor General and ultimately the Crown.

In short, the Act creates a framework of immediate cessation of identified private rights, administrative requirements around title updates and plan approvals, and executive discretion to allocate revested Crown land to the State Housing Commission without payment.

The Act does not create criminal offences, pecuniary penalties, or an enforcement regime in the sense of sanctions for non‑compliance. Its primary enforcement mechanism is statutory metamorphosis of title and rights by operation of law. The key enforcement effects and administrative mechanisms are as follows.

Statutory extinguishment as self‑executing enforcement. Several provisions operate automatically on the Act’s coming into operation to extinguish rights without needing a separate declaration or court order. Section 3(1) provides that the portions of roads and rights‑of‑way in the Second Schedule are closed and extinguished and all rights‑of‑way over them cease on commencement. Section 4 revests lands and mineral rights in the Crown “freed and discharged from the estate, right, title, interest, claim or demand of all persons whomsoever”. Section 8(1) similarly revests the dark brown area depicted on the specified diagram “freed and discharged” from all claims. The Act therefore achieves effect principally through statutory declaration rather than through a criminal or civil enforcement mechanism.

Administrative enforcement through titles office. Section 7(3) creates an administrative duty on the Registrar of Titles to cancel and issue Certificates of Title on application and payment of the prescribed fee where street widenings have been closed and vested in adjoining owners. The Registrar is the administrative instrument by which the extinguishment and new ownership are reflected on the public register. Lenders and owners rely on the Registrar’s changes as the operative visible consequence of the Act in the land registration system.

Public dedication as enforceable public right. Section 9 dedicates certain roads as public roads from the date of approval by the Surveyor General. That dedication creates a public right to use those roads, enforceable in the usual way in civil proceedings against obstruction, subject to applicable road laws and regulations. The Act expressly makes that dedication occur “notwithstanding” provisions of the Municipal Corporations Act or the Road Districts Act, which may otherwise have governed road dedication processes.

No penalties or offences for interference. The Act is silent on penal sanctions for interfering with revested Crown land, for encumbering land inconsistent with revesting, or for failing to comply with Registrar directions. Any enforcement against obstruction, trespass on Crown land or contravention of controls created under the Land Act would rely on the general offences and remedies in other statutes or in common law, not on this Act.

Risk allocation and evidentiary effect. Because the Act extinguishes rights and requires title reissuance for some parts, the practical enforcement consequence is evidentiary: once the Registrar issues a new certificate as required by s 7(3), that certificate is prima facie evidence of legal ownership. The Act’s wording that land is “deemed to be Crown land under and for the purposes of the Land Act” (s 4) imports the Land Act’s administrative powers and enforcement mechanisms for Crown land into dealing with the revested parcels.

Administrative discretion and potential dispute. The Act gives decision makers (Governor, Surveyor General, Registrar) administrative functions but does not specify processes or appeal rights. Any challenge to the validity or effect of the revesting or subsequent grants would proceed through general judicial review principles and the ordinary civil litigation system, but the Act itself contains no special procedural enforcement provisions.

In summary, enforcement of the Act proceeds by immediate statutory effect and administrative implementation through titles and survey authorities rather than by penal enforcement clauses. That design places emphasis on administrative actors to perform registration, approvals and grant functions, and on the courts for any disputes that arise about the operation of those statutory changes.

The Act is explicitly framed to interact with a small number of existing statutory regimes, and it imports other statutes’ frameworks as part of its operation.

Land Act 1933-1954. The Act repeatedly states that the lands revested by it are “deemed to be Crown land under and for the purposes of the Land Act, 1933‑1954” (s 4; s 8(2)). That phrase has two operational consequences. First, revested lands fall within the Land Act’s regulatory and administrative system for Crown land. This subjects them to allocation, leasing, sale and conditions that the Land Act prescribes. Second, by deeming revested parcels to be Crown land, the Act transfers jurisdiction over future dealings in the land from the Torrens registration regime governing private freehold to the Land Act regime. The Act does not specify the Land Act’s operative provisions, but the deeming is explicit.

State Housing Act 1946-1954. The Preamble identifies the State Housing Commission constituted under the State Housing Act 1946-1954 as the body that has acquired or intends to acquire the lands and that desires to resubdivide them. The Act gives the Governor power to grant revested land to the State Housing Commission without monetary consideration (s 10). The Act therefore implements the State Housing Act’s purposes by statutory allocation of land to the Commission.

Municipal Corporations Act 1906-1953 and Road Districts Act 1919-1951. Section 9 dedicates a set of roads as public roads “notwithstanding anything contained in the provisions of either the Municipal Corporations Act, 1906‑1953, or the Road Districts Act, 1919‑1951, relating to the roads.” That is a statutory override of any contrary requirements or procedures in those Acts regarding road dedication. Practically, this reduces the local government or road district procedural barriers to dedication for the roads in question, by making the Act’s dedication effective on Surveyor General approval.

Registration and Titles regime. Section 7(3) imposes duties on the Registrar of Titles to cancel and reissue Certificates of Title on application and payment of the prescribed fee. The Act therefore interacts directly with the Torrens registration regime administered by the titles office, altering registered freehold interests by statutory operation. The Notes indicate that Lands and Surveys Department and Titles Office plans are now held by the Western Australian Land Information Authority (Land Information Authority Act 2006 s 100), which is an administrative update but not an amendment to the 1954 Act.

Trust instruments and local trust declarations. Section 6 revests land that was subject to Declaration of Trust No. 4/1942 made by the City of Perth, thereby superseding that trust instrument with statutory revesting. The Act therefore has an immediate contractual and equitable interaction: it extinguishes an existing trust by operation of statute and replaces the land’s status with Crown ownership.

Common law rights and easements. The Act extinguishes rights‑of‑way and easements by statutory language (s 3(1)). Such extinguishments operate notwithstanding common law protections, because a statute can abrogate common law rights when it does so in clear terms. Any residual private law claims would require challenging the statutory operation, for which the Act contains no saving clauses for pre‑existing private rights.

Encumbrances and mortgages. Section 7(4) contemplates continuation of encumbrances “if the nature of the encumbrance so admits” on the issue of a new certificate after vesting of the street widening portions into adjoining lots. This provision interacts with mortgage law and securities in that it allows mortgagees to argue that their security continues to cover newly included land, where that is consistent with the encumbrance documents and the nature of the security interest.

Survey regulation and approvals. The Act conditions dedication on plan approval by the Surveyor General (s 9). That interacts with statutory or regulatory survey standards and administrative processes external to the Act. The Surveyor General’s approval is the trigger for dedication.

In sum, the Act primarily imports the Land Act for post‑revesting land administration, delegates administrative tasks to survey and titles bodies, displaces particular trust instruments and overrides certain local government road procedures. It relies on the ordinary Torrens registration and land administration infrastructure to give effect to title changes and dedications.

The compiled text provided contains a single compilation table entry. The Canning Lands Revestment Act 1954 is listed as Act No. 67 of 1954, having received assent and having commenced on 30 December 1954 (Compilation table). No subsequent amending Acts are recorded in the compilation text supplied.

The Notes appended to the Act include an administrative update stating that Lands and Surveys Department and Titles Office plans are now held by the Western Australian Land Information Authority, referencing the Land Information Authority Act 2006 s 100 (Notes, point 2). That note is an administrative observation about custody of historical plans and diagrams; it is not presented in the provided text as a statutory amendment to the Act’s operative text.

Therefore, based on the document provided, the Act’s substantive provisions are the original 1954 enactment. The compilation table does not show later amendments or repeals in the supplied material. If parties need to rely on current law, they should confirm by consulting an up‑to‑date statutory database or the Western Australian Parliamentary Counsel’s compilation to check for later amendments, repeals or related legislation that post‑date the provided compilation. The Act’s references to the Land Act 1933-1954, the Municipal Corporations Act 1906-1953 and the Road Districts Act 1919-1951 reflect contemporaneous statute citations; the legislative architecture in Western Australia has been changed since 1954, so current interactions would require checking later consolidating or replacement Acts.

In short, the supplied compilation records only the initial 1954 enactment and does not show subsequent amendments in the source text. Administrative custody of mapping documents has moved to the Land Information Authority as noted.

The supplied text contains no references to judicial determinations, reported cases or litigation concerning the Canning Lands Revestment Act 1954. The Act does not cite case law, and the Schedules and sections do not identify any litigation outcomes. The Preamble and body of the Act assert the intended effects and powers but do not record any adjudication or dispute history.

Because the Act operates by statutory revesting and administrative title adjustments, the potential for litigation would typically arise in disputes over:

Whether the Act’s extinguishment clauses validly applied to particular rights or claims.
Interpretation of the exact parcels affected by plan references in the Schedules and diagrams.
The operation of s 7(4) regarding whether a particular encumbrance “admits” the extension to the newly included land.
Challenges to any subsequent grants by the Governor under s 10 or to administrative acts of the Surveyor General or Registrar.

However, none of those hypothetical litigation issues appear in the supplied text as actual litigation history. Users seeking reported decisions that interpret the Act or its effects should search court records and legal databases beyond the supplied materials.

The Act’s brevity and reliance on plan references and statutory deemings create several practical traps and operational risks for practitioners, owners and administrators. The following are concrete issues to watch for, grounded directly in the Act’s text.

Immediate statutory extinguishment of rights

The Act declares rights‑of‑way and other rights “cease on the coming into operation of this Act” (s 3(1)) and declares revested lands are “freed and discharged from the estate, right, title, interest, claim or demand of all persons whomsoever” (s 4). There is no transitional notice or compensation mechanism in the Act text. Parties whose rights are listed in the Second Schedule or otherwise revested must be aware the statutory operation is immediate on commencement. Practitioners should check the precise legal descriptions in the Schedules and referenced plans.

Use of historical plan and diagram references

The Act’s operative descriptions rely heavily on Land Titles Office plans, Lands and Surveys Department diagrams and specific Certificate of Title details across Schedules and sections (e.g. s 5, Second Schedule, Third Schedule). Those instruments are archival and have been moved administratively to the Land Information Authority (Notes). Errors, ambiguity or loss of mapping references could complicate implementation and create disputes over which parcels were intended. Confirm the exact plan numbers and how they map to current cadastral records.

Encumbrance continuation depends on its “nature”

Section 7(4) allows encumbrances to extend to newly included land “if the nature of the encumbrance so admits”. That leaves room for differing interpretations by registrars, mortgagees and courts. Mortgage documents may not have contemplated the addition of a street widening portion; some securities will extend, others will not. Lenders should review security documents and be prepared to take steps to protect their position on reissued titles.

Trust extinguishment and statutory intention

Section 6 revests land previously held by The City of Perth under a Declaration of Trust (No. 4/1942). The Act states an “intention” that the land be included in Canning Location 1274 and that subdivision shall provide for reservation of other areas suitable for recreation. That is an intention stated in statute but not a continuing express trust instrument; parties benefiting from the original trust should note the trust has been removed by revesting and its practical protections may be lost.

Governor’s discretionary grant power lacks expressed criteria

Section 10 authorises the Governor to grant the fee simple to the State Housing Commission “without any monetary consideration whatsoever”. There are no statutory criteria or prescribed procedures in the Act governing the exercise of that power. The absence of explicit conditions concentrates discretion in the executive, which may raise audit, transparency or scrutiny issues for public sector governance; however the Act itself imposes no process requirements.

Dedication overrides local statutory frameworks

Section 9 makes the road dedications effective notwithstanding provisions in the Municipal Corporations Act or the Road Districts Act. That removes procedural protections or requirements those local acts may have imposed for road dedication, potentially surprising local authorities. Local councils or road boards should check their responsibilities in relation to dedicated roads once the Surveyor General gives plan approval.

Practical title update steps required

The Registrar of Titles must cancel and reissue certificates on application and payment of a “prescribed fee” (s 7(3)). The Act requires owner action to cause the Registrar to issue new certificates, so ensuring applications are lodged promptly is necessary to realise the intended vesting in fee simple and to update the public register.

Narrow strips and measurement oddities

Section 5 revests very narrow strips: a three‑foot strip and a three‑link strip abutting Coventry and Lamb Streets respectively. Small measurement differences or survey inaccuracies could be the source of disputes over precisely what is revested. Practitioners should verify survey marks and plan coordinates.

No specified compensation scheme

The Act directs revesting and extinguishment but does not set out compensation for dispossessed private interests. The Preamble frames the action as needed for re‑subdivision for State Housing Commission purposes, but the statute itself contains no compensation clause. Any entitlement to compensation would need to be sourced in other statutes, common law principles or administrative decisions, none of which the Act addresses.

Administrative dependence on Surveyor General and Registrar

Several operative parts of the Act depend on administrative approval (Surveyor General’s plan approval for dedication in s 9) or application and fee payment to the Registrar (s 7(3)). Delay or exercise of discretion by those officials can slow implementation. Parties should budget for administrative timelines and possible technical objections at the surveying or registration stages.

Those “gotchas” flow directly from the statutory wording. Addressing them requires attention to the Schedules, plan and diagram references, coordinating with surveying and titles offices, and confirming the post‑revesting treatment of encumbrances and trust interests.

This section sets out practical steps for the principal actors named in the Act and for third parties who may be affected. Compliance here is an administrative and transactional exercise: the Act’s effects are realised by survey approvals, title applications and executive grants.

For owners of contiguous lots affected by s 7 (street widening closures)

Confirm the parcels. Obtain and review the Land Titles Office Plan No. 6099 and the parcel descriptions listed in s 7 and the Second Schedule to confirm whether your lot is listed as contiguous to the closed portion.
Prepare application to Registrar of Titles. Under s 7(3), the owner must apply to the Registrar to cancel the relative Certificate of Title and to issue a new one that includes the former street widening portion. Ensure the application references the specific portion described in s 7(1)-(2) and the applicable Plan No.
Pay the prescribed fee. The Registrar’s obligation to act is triggered by payment of the prescribed fee. Verify the current prescribed fee with the Titles Office and include payment with the application.
Check and address encumbrances. If the lot is subject to mortgage or other encumbrance, examine the terms to determine whether the encumbrance “admits” extension to newly included land. Engage the mortgagee to obtain consent where necessary, or legal advice if the mortgage documents are ambiguous.
Obtain new Certificate of Title. Once issued, record the new certificate in corporate or trust records, and notify lenders and insurers of the adjusted title area.

For private persons whose rights, easements or mineral rights are extinguished by the Act (s 3, s 4)

Identify whether your rights are within the Second Schedule or otherwise revested. Examine the Second Schedule descriptions and the referenced plans and diagrams to determine whether your easement, right‑of‑way or mineral interest is extinguished.
Consider statutory extinguishment. The Act’s language extinguishes rights on commencement. Seek legal advice promptly if you believe your interest has been wrongly extinguished or if there are compensation claims under other laws; the Act itself contains no compensation provisions.
Audit title documents. Request copies of any amended Crown grant, revised register entries or notices from the Titles Office to confirm the legal position.

For The State Housing Commission and the Governor

Prepare survey and plan documentation. The Act is heavily dependent on accurate plans and survey diagrams. Ensure Lands and Surveys Department or the current Land Information Authority has precise plans for the intended sub‑division and any areas to be dedicated.
Consider exercise of s 10 grant power. If the Commission seeks Crown grants under s 10, prepare acquisition plans and internal authorisations, and obtain any required Executive Council advice. The Act allows grants without monetary consideration, but it confers no mandated procedural steps for granting, so follow standard public sector grant and accountability requirements.
Coordinate with the Surveyor General. For any dedications under s 9, obtain the Surveyor General’s approval of plans or the Governor’s appointee’s approval to make the dedications effective.

For the City of Perth and other local authorities

Review the implications of s 6 and s 9. The City should confirm that its Declaration of Trust No. 4/1942 affected the specified parcel and that the revesting has occurred. For roads dedicated under s 9, understand whether maintenance and control responsibilities shift, and whether local budgets or functions are affected by the dedication.
Check for any local statutory or policy obligations that may now be superseded by the Act’s “notwithstanding” clause in s 9.

For registrars, surveyors and land administrators

Locate and reconcile plan references. The Act’s Schedules rely on specific plan and diagram numbers. Confirm the current custody and identifiers for those plans in Land Information Authority records, and ensure mapping correspondences are clear.
Process Registrar duties under s 7(3) promptly. Where applications are made, the Registrar must cancel and issue new certificates on payment of prescribed fees. Ensure internal procedures are in place to handle such statutory certificate changes and to check for encumbrance issues per s 7(4).
Coordinate with the Surveyor General on dedications. Ensure that once the Surveyor General approves a plan, the dedication under s 9 is recorded and public notices or register entries reflect the dedication date.

General practical checklist for practitioners and affected parties

Obtain certified searches of current Certificates of Title against the parcels listed in the First, Second and Third Schedules.
Obtain the referenced Land Titles Office plans and Lands and Surveys Department diagrams and match them to current cadastre coordinates.
For lenders, check mortgage documentation to assess whether encumbrances will attach to newly included land under s 7(4) and negotiate consents or variations as necessary.
For parties claiming mineral or subsurface rights, confirm whether their interests were located under lands revested by s 4; if so, investigate statutory compensation avenues or alternative mineral tenure under the Land Act regime.
For local authorities and the Surveyor General, establish timelines for approvals and plan certifications to bring the dedications and registrations into effect in a coordinated manner.
Where disputes or ambiguities arise in plan descriptions or the application of s 7(4), obtain specialist advice promptly, as the Act’s extinguishment language is strong and reversal or administrative remediation may be legally challenging.

Following these steps will translate the Act’s statutory operations into on‑the‑ground registration and survey outcomes. The core administrative responsibilities sit with the Surveyor General and the Registrar of Titles, supported by owner applications and payments where prescribed.

Canning Lands Revestment Act 1954

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