City of Perth Endowment Lands Act 1920

Defined land and “said lands”

• The Act operates only in relation to a defined set of parcels. “Endowment Lands”, “Lime Kilns Estate”, specific Reserve ↑16921 and thereby “said lands” are defined at s 3. The Perry Lakes redevelopment land is separately defined in s 3 and is expressly excluded from the definition of said lands. The exact boundaries for these parcels are expressed by location numbers, deposited plans and certificate of title references in s 3; these cadastral identifiers are the legal description for application of the Act.

Valuation and rating methodology

• Two valuation concepts appear. Section 6 makes unimproved value applicable for the rating of land, determined under the Valuation of Land Act 1978. Section 7(1) requires rates for any financial year in respect of the said lands to be imposed on unimproved value. Separately, s 7A prescribes a distributional rule for the Town’s annual budget deficiency, using the aggregate gross rental values from the most recent general valuation to calculate the proportionate burden attributable to the said lands (s 7A(3)(a)-(b); definition of gross rental values in s 7A(5)). Thus, unimproved values inform the base on which rates are levied on each property, while gross rental values are used to split the global budget deficiency between said lands and the remainder of the district.

Apportionment mechanism

• The Town must determine two separate general rates each financial year: one for the said lands and one for the remainder of the district (s 7A(3)). The general rate that applies to the said lands must yield an “endowment lands assessment” equal to the same percentage proportion of the budget deficiency as the aggregate gross rental values of the said lands bear to the district aggregate, calculated to the first decimal place (s 7A(3); 7A(5) definitions). The remainder of the district is then rated to yield the remaining budget deficiency (s 7A(3)(b)). Budget deficiency is given the same meaning as in s 6.1 of the Local Government Act 1995 (s 7A(5)).

Town of Cambridge proprietary powers and disposition of proceeds

• For Town lands (those portions of the said lands of which the Town is the registered proprietor), s 40 gives the Town “all the powers of an owner of an estate in fee simple”. That provision operates notwithstanding the Local Government Act 1995 (s 40). Proceeds of sales of Town lands must be credited to a designated Cambridge Endowment Lands Account (s 41(1)-(2)), may be transferred to reserve funds (s 41(3)), may be invested in trustee‑like investments (s 41(4)), and must be applied by the Town in the “development of the said lands” (s 41(5)).

Local law powers and scope

• The Act gives the Town express power to make local laws for the said lands in the topics listed in s 42(2)-(17). These include planning‑style controls such as regulating buildings, prohibiting erecting buildings unless approved, prohibiting specified trades or businesses, regulating house densities, subdivisional controls (including prohibiting subdivision of land sold by the local government without its consent), building lines, street layout components, advertising hoardings, district classifications and uses, minimum residential lot areas, preventing erection of unsightly buildings, controlling fence heights, and prohibiting use inconsistent with district classification (s 42). Local laws made under this Act are subject to the local law making process in the Local Government Act 1995 (s 42(1)) and, when confirmed by the Governor and published in the Government Gazette, have force as law (s 42(3)). The power to make local laws specifically includes power to levy tolls and charges for a wide array of recreational and amenity facilities on the said lands (s 43).

Title endorsements and purchase restrictions

• The Act requires the Registrar of Titles to endorse on the certificate of title or lease a statement that the registered proprietor will hold the land subject to the Cambridge Act and to local laws and regulations made thereunder (s 46(1)). Subsection (2) and following provide an exception and registrar procedure in respect of lands acquired by the Workers’ Homes Board (now the Housing Authority), including a provision that the Registrar must cancel prior endorsements upon application by the Board without fee in certain circumstances (s 46(2)-(4)).

Interaction with other statutes

• The Act is explicitly hooked into the Valuation of Land Act 1978 for unimproved value (s 6), and into the Local Government Act 1995 both for the application of rating provisions and the procedure for making local laws (s 7(2); s 42(1)). Section 44 authorises the application of “all necessary provisions and powers” of the Local Government Act 1995 as if those powers were set out in the Cambridge Act. Section 45 ties the liquor licensing regime to the Town’s consent requirement under the Liquor Control Act 1988 (s 45).

Temporal and structural change

• Many original sections have been deleted and the Act was substantially restructured following the City of Perth Restructuring Act 1993, which transferred ownership and by‑laws to the Town of Cambridge and caused deletion of Parts III-V (as noted in the text and compilation notes). The compilation table records a sequence of amendments and reprints that have modified scope and process over time.

Collectively, these concepts create a regime in which the Town of Cambridge has enhanced proprietorial powers over certain endowment lands, a tailored rating apportionment using gross rental values, express local law powers to control land use and subdivision on those lands, and a dedicated account and investment regime for sale proceeds earmarked for development of the said lands.

Owners and purchasers of the said lands

• Any registered proprietor of a freehold or leasehold estate in any portion of the said lands purchased or leased from the City of Perth or the Town of Cambridge is required to hold that land subject to the Cambridge Endowment Lands Act 1920 and to statutory amendments and local laws made under it (s 46(1)). The Registrar of Titles is directed to endorse titles with a prescribed statement to that effect (s 46(1)). Purchasers therefore inherit statutory land use constraints and local law regimes imposed under the Act. The Registrar endorsement process creates a title notice that affects marketability and due diligence requirements.

Residents, ratepayers and occupiers within the Town of Cambridge district

• Ratepayers in the whole Town of Cambridge district are affected by the Act because it prescribes the mechanism for apportioning the Town’s budget deficiency between the said lands and the remainder of the district (s 7A(3)). Owners in the said lands pay rates imposed on unimproved value (s 6; s 7(1)), but the quantum of the general rate for the said lands must be set to yield an amount equal to the proportionate share of the Town’s budget deficiency calculated by reference to gross rental values (s 7A(3)(a)). Owners elsewhere in the district will bear the remainder of the budget deficiency as determined under s 7A(3)(b). Thus, all district ratepayers are indirectly affected by the valuation base used for apportionment and by the Town’s rate setting.

Town of Cambridge as local government and proprietary actor

• The Town of Cambridge is the decision maker under this Act. The Town determines the general rates for the said lands and the remainder of the district each financial year in accordance with s 7A(3). The Town exercises proprietary powers over Town lands (s 40), makes and enforces local laws for the said lands (s 42), collects and applies proceeds of sales via the Cambridge Endowment Lands Account (s 41), and must provide written consent before a liquor licence is granted for premises on the said lands (s 45). The Town therefore has both regulatory and fiduciary responsibilities under the Act: regulatory in managing use and amenity via local laws and licensing consent; fiduciary/proprietary in managing sale proceeds and investments (s 41).

Developers, builders and businesses proposing activity on the said lands

• Developers and businesses proposing to erect buildings, subdivide, change use, carry on trades, or otherwise develop property in the said lands are within statutory reach of s 42. That provision allows the Town to prohibit erection of buildings unless plans are approved (s 42(3)), to prohibit or regulate carrying on trade or business on any part of the said land (s 42(4)), to control the number of houses to the acre and minimum area for private residences (s 42(5); s 42(15)), and to prohibit transferring or subdividing purchased land without consent (s 42(12)). Local laws can also prescribe allowed purposes in classified districts and prohibit uses inconsistent with classification (s 42(10)-(14)). Developers must therefore address the local law regime when assessing development feasibility on those parcels.

Users of recreational and amenity facilities on said lands

• The Town’s power to levy tolls and charges under local laws covers a broad slate of facilities such as piers, bathing enclosures, grandstands, picnic kiosks, aquariums, paddling ponds, sports grounds and buildings for public entertainment (s 43). Operators and users of those facilities will be affected by tariffs or charges imposed under local laws, where relevant.

Liquor licence applicants and licensees

• A licensing authority must not grant a licence under the Liquor Control Act 1988 for a building on any part of the said lands without the Town of Cambridge’s written consent (s 45). Licensees and liquor industry applicants therefore must secure Town consent in addition to satisfying licensing law requirements.

Registrar of Titles and Housing Authority / Workers’ Homes Board matters

• The Registrar is instructed to endorse titles per s 46(1), and to cancel such endorsements without fee on application of the Workers’ Homes Board in prescribed circumstances (s 46(3)-(4)). The Workers’ Homes Board is referenced in s 46(2)-(4) and in the notes as now the Housing Authority, so housing agencies that have acquired land from the City of Perth may follow the s 46 procedures to remove the endorsement. Land acquired under the historic Workers’ Homes Act and vested in the housing authority is treated differently by the Act.

Users of valuation and rating processes

• The Valuer‑General and the Town’s rating officers must apply the Valuation of Land Act 1978 for unimproved valuation (s 6) and use the most recent general valuation’s gross rental values to work out apportionment under s 7A(3). This affects how valuations are compiled, how budget deficiency is split, and how rates are set.

Other tiers of government and bodies exercising statutory functions

• The Act intersects with the Governor’s power to confirm local laws (s 42(3)), and with the Local Government Act 1995, which supplies the detailed processes for local law making and many rating and governance powers that the Cambridge Act says apply to the said lands (s 7(2); s 42(1); s 44). The Liquor Control Act 1988’s licensing authorities are constrained by s 45 insofar as premises are on the said lands. The Valuation of Land Act 1978 and the Local Government Act 1995 are therefore co‑operative regimes with which these other actors must coordinate.

In short, the Act primarily affects title holders and purchasers of the specifically described endowment parcels, ratepayers across the Town as a whole via apportionment mechanics, the Town as a regulator and proprietor, developers and occupiers on the said lands, and statutory bodies involved in valuation, registration and liquor licensing. The cadastral precision in s 3 means impacts are spatially bounded; the Town’s consent and local law powers mean that prospective users of land in the said lands must account for statutory constraints and potential charges at the planning and commercial negotiation stages.

Town of Cambridge , duties and rights

• Determine general rates for the said lands and the remainder of the district each financial year according to s 7A(3). That duty requires calculating the endowment lands assessment as the percentage proportion of the Town’s budget deficiency that corresponds to the proportion of aggregate gross rental values (s 7A(3)(a)-(b); definitions at s 7A(5)). The Town must use the gross rental values from the most recent general valuation set by the Valuer‑General (s 7A(5)). The Town also has the right to exercise “all the powers of an owner of an estate in fee simple” over Town lands (s 40) even though the Local Government Act 1995 applies to rating and local laws otherwise (see s 7(2) and s 44 for interaction).

• Establish and operate the Cambridge Endowment Lands Account, credit sale proceeds to it, transfer funds into reserve funds, invest funds “in any manner that a trustee may lawfully invest trust funds”, and apply moneys in the Account “in the development of the said lands” (s 41(1)-(5)). These are both duties (accounting, application) and rights (investment, transfers).

• Make local laws for the said lands under the process identified in the Local Government Act 1995 (s 42(1)), in the subject areas listed at s 42(2)-(17). Local laws, once confirmed by the Governor and published, have the force of law (s 42(3)). The Town may also under local laws levy tolls and charges under s 43 on specified facilities and places on the said lands.

• Give written consent before a licence under the Liquor Control Act 1988 is granted for premises on the said lands (s 45). This is a gatekeeping right that affects licensing outcomes.

Owners and registered proprietors , duties and constraints

• Registered proprietors of freehold or leasehold estates in portions of the said lands purchased or leased from the City of Perth or the Town of Cambridge must hold such land subject to the Cambridge Act and any local laws and regulations made under it (s 46(1)). The Registrar is directed to endorse titles with a specific statement that the land is held subject to the Act and to local laws (s 46(1)). This creates an ongoing duty to comply with local laws and any statutory constraints under the Cambridge Act.

• Purchasers face an explicit restriction under s 42(12) (a matter for local law): the Act authorises local laws that prohibit a purchaser from subdividing, transferring, selling, assigning, leasing or otherwise parting with possession of part of the land sold by the local government without the local government’s consent. If those local laws are made and operate, an owner’s freedom to dispose of interests can be constrained.

Valuer‑General and rating officers , duties

• Determine unimproved values under the Valuation of Land Act 1978 for use in the rates process for the said lands (s 6; s 7(1)). Use the most recent general valuation gross rental values for the apportionment formula in s 7A(3) (s 7A(5)).

Registrar of Titles , duties

• Endorse titles with the prescribed statement that land is subject to the Act and local laws when land was purchased or leased from the City of Perth or the Town of Cambridge (s 46(1)). In respect of land acquired by the Workers’ Homes Board for the purposes of the Workers’ Homes Act 1911, make cancellations of such endorsements on application under the seal of the Board, without payment of any fee (s 46(3)-(4)).

License applicants and licensees , duties

• Obtain the Town’s written consent before a liquor licence under the Liquor Control Act 1988 is granted for building on any part of the said lands (s 45). Licensing authorities are thereby constrained by the Town’s consent requirement.

Local law compliance , duties and penalties

• Persons within the said lands must comply with local laws made under s 42. The Act permits a local law to impose a penalty not exceeding $40 for breach of a local law made under s 42 (s 42(2)). The Act does not itself set out broader enforcement mechanisms; it relies on the Local Government Act 1995 for procedural and enforcement powers to the extent necessary (s 44).

Users of Cambridge Endowment Lands Account , rights and constraints

• The Town has the right to move funds into reserves and invest them in trustee‑type investments (s 41(3)-(4)). The Town has the duty to apply moneys in the Account in the development of the said lands (s 41(5)). The investment power is qualified by a trustee standard; the application duty confines use of funds to development of the said lands.

General principle of continuity and transition

• The compilation notes and transitional provisions from the City of Perth Restructuring Act 1993 are part of the enacted statutory history. By‑laws made under the earlier Endowment Act and in force immediately before the division day continue to apply as if made under the Cambridge Act by the Town of Cambridge and may be amended or repealed by that Town (compilation notes, s 23). On division day, land held by the City of Perth within the said lands that was not contracted to be sold transferred to the Town of Cambridge (compilation notes, s 24). These transitional rights and duties define how older regulatory arrangements were carried forward and who inherited obligations.

In sum, the Act imposes ongoing statutory obligations on title holders to accept the Act’s constraints, assigns the Town of Cambridge both regulatory authorities and proprietary rights in respect of Town lands, and designates specific administrative duties to valuation and registration authorities. The Act also prescribes small maximum penalties for local law breaches under its head power and ties many of its operative functions into the Local Government Act 1995 and Valuation of Land Act 1978.

Express penalty provisions within the Cambridge Act

• The Act itself contains a narrow express penalty provision. Section 42(2) authorises any local law made under s 42 to impose a penalty not exceeding $40 for a breach of that local law. Where a local law made under s 42 prescribes an offence and penalty, that penalty is capped at $40 under the Cambridge Act’s specific authorising provision.

Operation of local laws once made and confirmed

• Local laws made under the Act must be made in accordance with the process required by subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 (s 42(1)). Once confirmed by the Governor and published in the Government Gazette, the local law has the force of law (s 42(3)). Enforcement mechanisms and procedural modalities for customer penalty notices, infringement regimes, prosecutions and appeals are not set out in detail in the Cambridge Act; rather, s 44 provides that “all necessary provisions and powers” of the Local Government Act 1995 required to carry the Cambridge Act into effect apply as if enacted in the Cambridge Act. That means enforcement practice will in practice be governed by the Local Government Act 1995 and the particular content of the local law, but the Cambridge Act itself sets the upper monetary limit for penalties under the head power.

Rates enforcement and collection

• The Cambridge Act prescribes rating bases (s 6 and s 7) and a specific apportionment method (s 7A), but it does not itself contain the procedural apparatus for rates collection, recovery or enforcement actions. By operation of s 7(2) and s 44, the Local Government Act 1995’s rating collection and enforcement machinery is applied to the said lands where necessary. Therefore, statutory recovery powers such as rate arrears processes, interest on unpaid rates, sale for unpaid rates, and court recovery will be those set out in the Local Government Act 1995 and associated regulations.

Sale and proprietary enforcement

• Section 40 gives the Town “all the powers of an owner of an estate in fee simple” in respect of Town lands. That confers broad proprietary powers on the Town to deal with Town lands, including sale, lease and other dealings, and thereby to enforce proprietary conditions embedded in sale or lease instruments (that is, the Town may, as owner, pursue remedies available to an owner for breaches of sale or lease covenants and conditions). Section 41 then prescribes accounting for sale proceeds.

Title endorsements and consequences

• Section 46 requires the Registrar of Titles to endorse on the certificate of title a statement that the registered proprietor holds the land subject to the Cambridge Act and to local laws and regulations made thereunder, for land purchased or leased from the City of Perth or Town of Cambridge. Such an endorsement is a form of notice on title; although the Act does not set out penalties specifically tied to failure to observe title‑endorsed constraints, an owner remains bound by the Act and local laws and may be subject to local law penalties and enforcement processes for non‑compliance.

Liquor licensing consent

• Section 45 requires that a liquor licence for premises on the said lands not be granted by a licensing authority without the Town’s written consent. The licensing authority’s failure to observe s 45 would be an action contrary to the Cambridge Act; the licensing authority is thereby constrained in exercising its statutory powers by the Town’s consent requirement.

Limits and gaps in enforcement detail

• The Cambridge Act is limited in its express enforcement provisions. Apart from the $40 cap for local law breaches (s 42(2)), the Act relies on application of the Local Government Act 1995 (s 44) and other statutes such as the Valuation of Land Act 1978 for valuation mechanics (s 6) and the Liquor Control Act 1988 for licensing overlay (s 45). The Act does not itself articulate a comprehensive enforcement regime; enforcement and penalty quantum beyond the $40 cap will depend on the content of local laws adopted under it and the interaction with the Local Government Act 1995.

Practical consequence

• Persons affected by local laws should check the specific local laws made under s 42 for the exact enforcement procedures and penalties since the Cambridge Act itself imposes only the maximum penalty cap. Ratepayers should expect the Local Government Act 1995 procedures to govern rates enforcement. Titles bearing the endorsement required by s 46 signal the statutory overlay that enforcement regimes may be applied against the proprietor for non‑compliance.

Valuation of Land Act 1978

• Section 6 expressly requires that unimproved value be determined in accordance with the Valuation of Land Act 1978. Section 7A(5) also uses the phrase “general valuation has the meaning given by section 4 of the Valuation of Land Act 1978.” Additionally, section 7A(5) requires that the gross rental values used in apportionment be those set out in “the most recent general valuation of land in the district determined by the Valuer‑General under the Valuation of Land Act 1978.” These textually precise links mean the Valuation of Land Act 1978 supplies the valuation methodology, timing and content for both unimproved value and gross rental values which the Town must use.

Local Government Act 1995

• The Act incorporates the Local Government Act 1995 in several ways. Section 7(2) says the Local Government Act 1995 applies to rating of land in the said lands, subject to other Cambridge Act provisions. Section 42(1) requires that local laws for the said lands be made “in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995”, which is the local law making procedure. Section 44 is a broad incorporation clause: “All necessary provisions and powers contained in the Local Government Act 1995, and which may be required to be exercised for carrying this Act into effect shall apply to the said lands as if such powers and provisions were herein enacted, and in terms made applicable to this Act.” In effect, the Cambridge Act invokes the Local Government Act 1995 as its procedural and enforcement backbone where necessary.

Liquor Control Act 1988

• Section 45 makes the Town’s written consent a statutory precondition for granting a liquor licence on the said lands under the Liquor Control Act 1988. This creates an express cross‑statutory limitation on the exercise of licensing power.

Perry Lakes Redevelopment Act 2005 and other amendments

• The definition of Perry Lakes redevelopment land in s 3, and the separate exclusion of that land from “said lands”, flows from the Perry Lakes Redevelopment Act 2005 as recorded in the compilation table. That Act and related amending laws therefore modify the spatial scope of the Cambridge Act.

Registrar of Titles and historical housing statutes

• Section 46 interacts with the functions of the Registrar of Titles in relation to title endorsements. It also references the Workers’ Homes Board and the Workers’ Homes Act 1911, noting in the notes that the Workers’ Homes Board is now the Housing Authority. The compiled notes state the Workers’ Homes Act was repealed by later housing legislation; the Cambridge Act contains procedural accommodations for lands acquired by the Workers’ Homes Board and directs the Registrar in respect of endorsements (s 46(2)-(4)).

Other amending legislation listed in compilation table

• The compilation table lists a sequence of amending Acts (for example, the Acts Amendment and Repeal (Valuation of Land) Act 1978, City of Perth Endowment Lands Amendment Acts 1980 and 1981, City of Perth Restructuring Act 1993, Local Government (Consequential Amendments) Act 1996, Perry Lakes Redevelopment Act 2005, Liquor and Gaming Legislation Amendment Act 2006), each effecting changes to the Cambridge Act. Those amending statutes are the legal history by which the Cambridge Act’s present form interacts with other statutory regimes.

Practical effect of cross‑links

• The interlocking statutory references mean that substantive outcomes under the Cambridge Act will often be determined by provisions of other statutes. For example, valuation bases and timing will follow Valuation of Land Act mechanics; rate collection and local law procedures and appeal rights will arise under the Local Government Act 1995; liquor licensing will be subject to the Liquor Control Act 1988 subject to Town consent. Where the Cambridge Act says a provision of the Local Government Act applies “as if” enacted in the Cambridge Act (s 44), a user must read both statutes together to determine rights, obligations, procedures and remedies.

Limits on interaction

• The Cambridge Act also contains words that qualify interactions. Section 40 gives the Town “all the powers of an owner of an estate in fee simple” “notwithstanding the Local Government Act 1995”, meaning the Town’s proprietary powers over Town lands are intended to operate in a way that supersedes certain limitations that might otherwise be imposed by the Local Government Act 1995. The precise contours of any conflict would require reading the Local Government Act 1995 to determine whether any specific provision is displaced; the Cambridge Act’s text expresses an intention to preserve Town ownership powers over Town lands.

In sum, the Cambridge Act functions as a specialised, parcel‑specific overlay that draws valuation, rating, local law making and licensing processes into its compass by explicit references and incorporation clauses. Users must therefore read the Cambridge Act alongside the Valuation of Land Act 1978, the Local Government Act 1995 and the Liquor Control Act 1988 to understand procedures, remedies and exact obligations.

Foundational enactment and name change

• The Act originated as the City of Perth Endowment Lands Act 1920 (31 of 1920). The short title was changed to Cambridge Endowment Lands Act 1920; the compilation notes indicate the short title change is recorded at s 1 and in the notes (compilation table entry 4 and note under s 1).

Key early amendments

• The City of Perth Endowment Lands Act Amendment Act 1936 (15 of 1936) amended the Act and received assent on 3 December 1936. The Decimal Currency Act 1965 (113 of 1965) effected amendments in respect of currency conversions in 1965-1966 (compilation table). Those are part of the historical record showing the Act’s continuity.

Valuation amendments

• The Acts Amendment and Repeal (Valuation of Land) Act 1978 (76 of 1978) inserted section 6 on unimproved value being determined under the Valuation of Land Act 1978 and amended earlier rating provisions (s 6 inserted: No. 76 of 1978 s 6; s 7 amended: No. 76 of 1978 s 7). That legislative step formalised the tie to modern valuation law.

Special apportionment mechanics and 1980-81 amendments

• The City of Perth Endowment Lands Amendment Act 1980 (2 of 1980) and the City of Perth Endowment Lands Amendment Act 1981 (7 of 1981) introduced and refined the specific apportionment mechanism later embodied in s 7A; s 7A was inserted in 1980 (No. 2 of 1980 s 4) and amended in 1981 (No. 7 of 1981 s 2). Those amendments created the statutory architecture that uses gross rental values from the Valuer‑General’s general valuation to proportionately allocate budget deficiency.

Restructuring and transfer to Town of Cambridge

• The City of Perth Restructuring Act 1993 (No. 38 of 1993, Pt. 5) produced significant structural change. Its Pt. 5 restructured endowment lands administration, transferred land and by‑laws to the Town of Cambridge, deleted multiple earlier provisions (Parts III-V and sections 4, 5, 8-10 and 11-38), inserted the new Part VI-VIII provisions, and effected a reprint renaming the Act the Cambridge Endowment Lands Act 1920 (compilation table; see text noting parts deleted: “Parts III-V (s. 11-38) deleted: No. 38 of 1993 s. 22.”). The restructuring provisions (compilation notes s 23-24) provided transitional arrangements for existing by‑laws and the transfer of land on division day.

1996 local government alignment

• The Local Government (Consequential Amendments) Act 1996 (14 of 1996) further amended the Act to align it with the Local Government Act 1995, adjusting terminology and cross references where necessary (s 3: “financial year” definition aligned to s 1.4 of Local Government Act 1995; other textual amendments noted in the marginal annotations). The alignment is reflected in sections that now point to the Local Government Act 1995 for procedures and definitions (for example, s 7(2); s 42(1); s 44).

Later amendments and carve‑outs

• The Statutes (Repeals and Minor Amendments) Act 1997 (57 of 1997) made minor changes. The Perry Lakes Redevelopment Act 2005 (43 of 2005, Pt. 6) added the definition of Perry Lakes redevelopment land and explicitly excluded that land from the “said lands” definition (s 3 and compilation table entries). The Liquor and Gaming Legislation Amendment Act 2006 (73 of 2006, s 114) added the requirement that a liquor licence not be granted without the Town’s written consent for premises on the said lands (s 45 amended: No. 73 of 2006 s. 114).

Reprints and consolidation

• The compilation table records multiple reprints: a 1971 approved reprint, a reprint as at 17 Nov 2000, and Reprint 3 as at 2 Dec 2011 (the compilation date of the text provided). The compilation notes indicate which amending statutes are included in each reprint.

Deleted material

• The Act in its current reprint has had numerous sections and entire parts removed by amendment, most notably by the 1993 restructuring. The text annotates which sections have been deleted (for example, s 2 deleted; ss 4-5 deleted; ss 8-10 deleted; Parts III-V deleted).

Institutional name changes and historic statutes

• The compilation notes record that the Workers’ Homes Board mentioned in s 46 is now the Housing Authority and that the Workers’ Homes Act 1911 was repealed by later housing legislation (notes after the Act). These historical references affect interpretation and Registrar processes set out in s 46.

Overall the amendment history shows progressive adaptation of the original endowment lands regime to modern valuation law and local government structures, a reallocation of ownership and local law responsibility to the Town of Cambridge in 1993, and subsequent technical amendments to align with more recent licensing and redevelopment statutes. The compilation table in the Act lists the chronological sequence, dates of assent and commencement, and the provisions affected.

No cases are named or cited in the Cambridge Endowment Lands Act 1920 text or in the compilation notes provided. The Act’s reprint and compilation table record legislative history and amendments but do not reference judicial determinations. Because the source document is the statute as reprinted (compilation as at 2 December 2011) and contains no reported decisions, there is no litigation history included in the text on which to rely.

Consequences of the absence of recorded cases in the text

• The statutory text therefore does not supply any statutory interpretation or judicial gloss from courts. Where issues of construction, application of the apportionment formula in s 7A, interaction with the Local Government Act 1995, or proprietary exercises under s 40 might arise, one would need to search judicial databases and court records to locate any cases that have considered these provisions. The compilation notes and reprint do not perform that function.

Potential areas likely to generate litigation (note: hypothetical categories only)

• The source text suggests certain categories of disputes that, in practice, could be litigated, although the Act itself does not record any such litigation. Those categories include (a) disputes over valuation bases and whether the Valuer‑General’s general valuation gross rental values were correctly applied in the calculation required by s 7A, (b) challenges to rate apportionment calculations and rounding rules where s 7A requires calculation “to the nearest first decimal place”, (c) litigation about the scope of the Town’s proprietary powers under s 40 , for example, whether particular dealings are within the “powers of an owner of an estate in fee simple”, (d) enforcement actions under local laws made pursuant to s 42, and (e) disputes concerning the title endorsement regime and its cancellation in the circumstances described for the Workers’ Homes Board in s 46(3)-(4). These are categories derived from the statute’s mechanism set out in the text, not from any cases.

How to obtain litigation history

• To establish whether any court has interpreted or applied the Cambridge Act, one must consult Westlaw AU, LexisNexis AU, AustLII and court registry databases for proceedings naming the Town of Cambridge or relating to the defined parcels and the Act’s sections (for example, s 7A rate apportionment disputes, s 40 proprietary exercise cases, s 42 local law enforcement prosecutions). The statute itself does not provide that information.

In summary, the reprinted Act contains no litigation history or judicially developed interpretive material. Any reported litigation on the Act will therefore need to be located by external legal research in case law databases; the statutory text alone does not record outcomes or precedent.

Small maximum local law penalty

• Section 42(2) permits any local law made under s 42 to impose a penalty not exceeding $40. That figure is small by contemporary regulatory standards. The statutory cap applies to penalties created within local laws under the Cambridge Act head power. Users should check whether the Local Government Act 1995 or other statutes provide alternative enforcement mechanisms or higher penalty scales when local laws are made in accordance with the Local Government Act processes, but the Cambridge Act itself caps the penalty under its local law head power.

Dual valuation concepts , unimproved value and gross rental values

• The Act uses two different valuation metrics in distinct parts of its rating machinery. Section 6 and s 7(1) require rates to be imposed on unimproved value determined under the Valuation of Land Act 1978. Section 7A uses gross rental values from the most recent general valuation for the purpose of apportioning the Town’s budget deficiency between the said lands and the remainder of the district (s 7A(5)). Practitioners must not assume the same valuation measure is used both to set the per‑property rate and to determine the proportion of the budget deficiency attributed to the said lands. This duality creates an extra step in rating calculation that requires practitioners to reconcile unimproved value-based rate levies with gross rental value-based apportionment at the budget level.

Rounding rule precision

• Section 7A(3)(a) requires that the endowment lands assessment equal “the same percentage proportion (calculated to the nearest first decimal place)” of the budget deficiency as the proportion of aggregate gross rental values of the said lands bears to the aggregate for the district. The statutory instruction to round to the first decimal place can affect the precise quantum when applied to large budget deficiencies and may produce small rounding differences. Practitioners must follow the rounding rule precisely to conform with the statutory formula.

Title endorsements and possible market effects

• Section 46(1) directs the Registrar of Titles to endorse titles of land purchased or leased from the City of Perth or Town of Cambridge with a statement that the registered proprietor holds the land subject to the Cambridge Act and local laws. That endorsed statement will appear on title and can affect conveyancing practice, mortgagee due diligence, and marketability. Prospective purchasers must search title for such endorsements and review the local laws in force. Additionally, s 46(2)-(4) creates a specific, limited statutory process for cancellation of endorsements in relation to land acquired by the Workers’ Homes Board, now the Housing Authority, but the Act’s text limits that process to prescribed circumstances.

Town’s proprietary powers and “notwithstanding” drafting

• Section 40 gives the Town “all the powers of an owner of an estate in fee simple” “notwithstanding the Local Government Act 1995”. The “notwithstanding” language signals an intention that the Town’s proprietorial rights over Town lands are to be robust against potential constraints in the Local Government Act. The precise interaction in any specific context will depend on the Local Government Act’s text; practitioners should not assume ordinary Local Government Act limitations always apply to Town lands.

Account investment standard and fiduciary undertones

• Section 41(4) allows the Town to invest funds in the Cambridge Endowment Lands Account “in any manner that a trustee may lawfully invest trust funds.” That trustee‑type investment standard imports a prudential obligation. The Act also requires moneys to be applied “in the development of the said lands” (s 41(5)). Practitioners advising on investment or application of Account funds should treat those provisions as imposing potential fiduciary style constraints on investment choices and use of proceeds, although the Act does not itself create a formal trust instrument. It will be necessary to reconcile the trustee investment standard with the Town’s investment policies and statutory obligations.

Scope of local law subjects and potential restrictions on alienation and use

• Section 42 lists many subjects for local laws, including provision to prohibit a purchaser from subdividing or transferring part of land sold by the local government without consent (s 42(12)), and to forbid uses inconsistent with district classification or buildings that are “unsightly” or “tend to destroy local amenities” (s 42(16)). These local law powers permit the creation of substantive controls on development, subdivision, alienation and use that may be unusual compared with general district planning regimes. Buyers should confirm whether local laws of this type have been adopted and published (s 42(3)).

Toll and charge powers

• Section 43 lists a wide array of recreational, entertainment and amenity facilities on which the Town may levy tolls and charges by local law. Operators, concession holders and users should check whether local laws levying such charges have been enacted and whether they apply to any existing contractual arrangements.

Exclusion of Perry Lakes redevelopment land

• The Act expressly excludes Perry Lakes redevelopment land from “said lands” (s 3). Where a parcel’s cadastral description is complex or near the referenced parcels, practitioners must confirm whether a particular lot falls inside or outside the Cambridge Act’s reach by checking the certificates of title and the detailed deposited plans cited in s 3.

Deleted provisions and historical artifacts

• Many older sections and entire parts have been deleted by amendment (for example Parts III-V). Some of the Act’s language, references and penalty figures reflect older drafting conventions and may have been left as historical remnants. Practitioners must rely on the current text as reprinted and check the compilation table for amendments to ensure all material changes have been considered.

Absence of detailed enforcement mechanics in the Cambridge Act

• The Act does not itself set out detailed enforcement procedures for rates, local law breaches beyond the penalty cap, or appeal rights. Those functions are supplied by cross‑reference to the Local Government Act 1995 (s 44). Failing to consult those external statutes when advising on enforcement risks overlooking crucial procedural detail.

In short, the main practical “gotchas” are the interplay of two valuation metrics, the small express penalty cap for local law breaches, statutory title endorsements, the Town’s wide proprietary powers, trustee‑like investment wording for sale proceeds, and the need to consult the Local Government Act 1995 and Valuation of Land Act 1978 to understand procedure and enforcement. These are not interpretive judgments beyond the text; they are direct mechanisms created by the statutory wording.

Identify whether the land is within the Act’s scope

• Step 1 is cadastral. Check the exact legal description of the parcel against the definitions in s 3: Endowment Lands, Lime Kilns Estate, Reserve ↑16921, and the specific deposited plans and certificate of title references. Confirm whether the parcel falls within the “said lands” and whether it is Town land (s 39 defines Town lands as those portions of the said lands of which the Town is the registered proprietor). If the parcel is described as Perry Lakes redevelopment land, note that it is excluded from the “said lands” (s 3).

For property purchasers and conveyancers

• Inspect the certificate of title for the endorsement required by s 46(1). That endorsement is the statutory notice that the land is held subject to the Cambridge Act and to local laws made thereunder. If the land was acquired by the Housing Authority (formerly Workers’ Homes Board), check for the s 46(2)-(4) exceptions and for any Registrar actions cancelling the endorsement on application under the Housing Authority seal. Ensure any proposed purchase contract includes appropriate warranties and conditions about local laws in force and potential restrictions on subdivision, transfer, or use under s 42.

For rate officers and finance teams

• Follow the Valuer‑General’s general valuation. Use the unimproved value determined under the Valuation of Land Act 1978 as the basis for imposing rates on each property in the said lands (s 6; s 7(1)). For the budget process, compute the Town’s budget deficiency and apply the s 7A(3) apportionment: calculate the aggregate gross rental values from the most recent general valuation (s 7A(5)), compute the percentage proportion of the said lands’ gross rental value to the district aggregate, round that percentage to the first decimal place, and set a general rate for the said lands that yields the endowment lands assessment equal to that percentage of the Town’s budget deficiency (s 7A(3)(a)). Then set the general rate for the remainder of the district to yield the residual requirement (s 7A(3)(b)). Document the calculation method and rounding treatment to satisfy audit and transparency obligations.

For Town of Cambridge local law makers and planners

• When making any local law under s 42, comply with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 for the required procedures (s 42(1)). Draft local laws carefully to remain within the subject‑matter list in s 42(2)-(17), and ensure the penalty provisions in any such local law do not exceed the $40 cap set by the Cambridge Act (s 42(2)) unless a different enforcement mechanism under the Local Government Act 1995 is being used and is applicable. Submit local laws to the Governor for confirmation and publish them in the Government Gazette as required (s 42(3)). If levying tolls or charges under s 43, ensure the enabling local law sets out the bases, rates and collection mechanisms consistent with Local Government Act 1995 procedures.

For developers and builders

• Prior to design and commitment, obtain written confirmation from the Town about any local laws in force that regulate building plans, allowable uses, building line restrictions, minimum lot areas, and subdivision consent requirements (s 42(2)-(17)). Where local laws restrict subdivision or impose conditions on transfer or leasing of land purchased from the local government (s 42(12)), secure contractual protections and pre‑clearances as part of land acquisition.

For liquor licence applicants

• Secure the Town of Cambridge’s written consent before applying to the licensing authority for a liquor licence for premises on the said lands (s 45). Keep the Town’s consent on record to ensure licensing authorities can properly process the application.

For administrators of Cambridge Endowment Lands Account

• Establish the Cambridge Endowment Lands Account as required by s 41(1). Credit proceeds of Town lands sales to it (s 41(2)). If transferring funds to a reserve, formally record the transfers and ensure compliance with any local government accounting standards (s 41(3)). Invest funds in a manner consistent with s 41(4)’s trustee investment standard. Ensure application of moneys is documented and demonstrably for the development of the said lands as required by s 41(5).

For solicitors and lenders

• Check for title endorsements under s 46 as part of mortgagee searches. Advise lenders on the potential limits on an owner’s ability to subdivide or part with possession of part of the land without the local government’s consent if relevant local laws exist or might be made under s 42(12). Consider covenant drafting that anticipates local law constraints and includes appropriate consent and compliance mechanisms.

For regulators and enforcement officers

• Remember the Cambridge Act caps local law penalties at $40 under s 42(2). Enforcement practices will generally involve mechanisms available under the Local Government Act 1995 by virtue of s 44. When pursuing breaches of local laws or recovery of unpaid rates, use the processes and remedies under the Local Government Act 1995 in addition to any specific local law mechanisms, ensuring procedural fairness and statutory compliance.

Document retention and transparency

• Keep a record of the general valuation used, the gross rental values aggregate calculations, the rate determination methodology, local law adoption and Governor confirmation notices, consent documents for liquor licences, and all Cambridge Endowment Lands Account transactions. These records will be essential for audit, dispute resolution and defence against procedural challenge.

Consult statutory cross‑references

• Since the Cambridge Act depends on the Valuation of Land Act 1978 and the Local Government Act 1995 for key processes, ensure compliance plans incorporate the relevant provisions of those statutes. Where necessary, obtain legal advice on the interplay of the Cambridge Act’s “notwithstanding” clause in s 40 with Local Government Act requirements.

In short, compliance requires precise cadastral identification, careful valuation work to reconcile unimproved values and gross rental values as mandated, explicit registration and title checks, due process when making and applying local laws in accordance with the Local Government Act 1995, accounting discipline for sale proceeds under s 41, and securing Town consent for licensing where required.