Geraldton Foreshore and Marina Development Act 1990

The Act rests on a handful of land-administration concepts and cross‑references to primary land statutes. Those concepts are expressed in compact provisions and in the defined terms at s 3.

Revesting. The Act “revests” land in Her Majesty, converting land previously acquired for a specified purpose into Crown land. Section 4 revests railway land shown on diagram no. 229 in Her Majesty “as of her former estate, constituted Crown land”, and removes the operation of the Transfer of Land Act 1893 for any of that land that had been under that Act (s 4(1)). Section 5 applies revesting language to land vested in The Minister for Transport, distinguishing reclaimed and non-reclaimed land in how it is characterised, but in both cases treating the result as Crown land (s 5(1)(a)-(b)).

Interaction with Torrens title. The Act expressly removes the operation of the Transfer of Land Act 1893 for any of the railway land that had been under that Act (s 4(1)). This change is a statutory intervention in the tenure regime for particular parcels, moving them out of the operation of the Torrens system to Crown land status. The statutory text is explicit; it does not describe transitional title mechanics beyond the revesting declaration.

Diagrammatic identification. The Act identifies land by reference to coloured areas on specific miscellaneous diagrams (nos 224, 229 and 230). Section 3(2) directs that a reference to a numbered diagram is a reference to the Miscellaneous Diagram of that number held by the Western Australian Land Information Authority. The diagrams therefore perform a legal boundary function; the Land Information Authority’s holdings are the controlled source for spatial particulars.

Reserve amendment and excision. The Act alters Reserve No. 5660 by excising a stated area (s 6). That changes the size and classification of an existing reserve that was set apart for railway purposes and vested in the Commission.

Vesting and management. The Act sets apart and vests specific lots for stated purposes: recreation (City of Geraldton), marina purposes (The Minister for Transport), and railway (the Commission) (ss 8-10). For lots vested in local or state entities, the Act imports the procedural and management regime of the Land Administration Act 1997 by treating the lands as if reserved and as if the care, control and management are placed with the named entity under Part 4 of that Act (ss 8(3), 10(2)). For declared public streets, the Act applies Part 5 of the Land Administration Act 1997 as if the lands had been dedicated under s 56 of that Act (s 11(2)).

Disposal power and statutory application. Section 9(2) grants the Minister for Transport an explicit power to sell, lease or otherwise dispose of the marina lot (Geraldton Lot 2905). Section 9(3) brings ss 11 and 19 of the Marine and Harbours Act 1981 into play for that lot by treating it as if vested under that Act.

Statutory carve-outs. The Act expressly disapplies sections 187-191 of the Land Administration Act 1997 to the land revested under s 4(1) (s 4(2)). The text is brief; it does not elaborate the practical consequences within the Act itself.

Commencement by proclamation and amendment history. The Act comes into operation on a day fixed by proclamation (s 2). The compilation table records actual commencement dates and sets out later amending enactments and reprints. The reprint shows that some provisions have been amended and that s 7 was deleted (compilation table; note to s 6).

In sum, the main concepts are statutory revesting, diagram-based identification and mapping, vesting and reallocation of management under the Land Administration Act 1997 framework, an express disposal power for the Minister for Transport, and limited disapplication of specified Land Administration Act provisions for a subset of the reallocated land.

The Act changes legal status and management responsibility for a small set of land parcels in Geraldton, and therefore directly affects the following actors named in the text.

Her Majesty and the Crown. The Crown is the recipient of revested estates. Sections 4 and 5 revest specified lands in Her Majesty and constitute or take the lands to be Crown land (ss 4(1), 5(1)). The Crown is therefore the nominal owner for land-management and dispositional decisions undertaken under Crown-title regimes.

The Commission. The Act defines Commission by reference to The Western Australian Government Railways Commission constituted under the Government Railways Act 1904 (s 3(1)). The Commission is the recipient of a specific railway lot (Geraldton Lot 2910) vested for “Railway” (s 10(1)). The Act applies the Land Administration Act 1997 to that lot as if it were reserved and as if care, control and management were placed with the Commission under Part 4 of that Act (s 10(2)). The Commission therefore gains statutory care, control and management responsibilities over that lot, and any obligations under Part 4 of the Land Administration Act will attach to its management of the land as applied by the Act.

The Minister for Transport. Defined in s 3(1) as the body corporate of that title under the Marine and Harbours Act 1981, The Minister for Transport receives Geraldton Lot 2905 for “Marina Purposes” (s 9(1)). The Minister has an express statutory power to sell, lease or otherwise dispose of that lot (s 9(2)). Sections 11 and 19 of the Marine and Harbours Act 1981 are made applicable to that lot as if it had been vested under that Act (s 9(3)). The Minister therefore has control over the marina lot’s future commercial uses and disposals, within the framework of the Marine and Harbours Act as applied.

City of Geraldton. The City is vested with Geraldton Lot 2907 and Lot 2909, both set apart for “Recreation” (s 8(1)-(2)). The Land Administration Act 1997 is applied to those lots as if reserved and as if the care, control and management were placed with the City under Part 4 of that Act (s 8(3)). The City therefore acquires statutory stewardship responsibilities for those recreation parcels, including care, control and management duties as applied under Part 4 of the Land Administration Act.

Adjacent private parties, prospective purchasers and developers. Although the Act primarily reallocates public land among public entities, it also affects private actors by changing land status and the availability of parcels for sale, lease or development. The Minister for Transport’s power to sell or lease the marina lot (s 9(2)) creates the prospect of private parties acquiring or leasing that parcel. At the same time, the revesting of land and, in some cases, removal from the Transfer of Land Act 1893 (s 4(1)) changes the transactional regime under which private parties may deal with affected parcels.

Residents and road users. Lands declared public streets by the Act (s 11(1)) will be public thoroughfares subject to Part 5 of the Land Administration Act 1997 applied by s 11(2). This affects who maintains, controls and regulates those streets, and it may alter rights of access, maintenance responsibility and the planning context for adjacent properties.

Regulatory authorities and registry bodies. The Land Information Authority holds the miscellaneous diagrams to which the Act refers (s 3(2)), and state land and marine regulators will be affected by the transferred responsibilities under the Land Administration Act 1997 and the Marine and Harbours Act 1981 (ss 8-11, s 9(3)). Also, where the Act removes land from the Transfer of Land Act 1893, title offices and registries may need to update records.

In sum, the Act primarily affects state entities (the Crown, the Commission, The Minister for Transport, the City of Geraldton) by reallocating land and management duties. Private parties are affected instrumentally by altered availability and legal framework for dealing with the specified parcels, and by changes to the road network through the public-streets declarations.

The Act is short on detailed operational duties and instead alters title, vesting and the statutory frame that imposes duties elsewhere. The key conveyance of duties and rights in the Act itself is therefore by vesting and by importation of other statutes’ procedural and substantive regimes.

Rights created or preserved by the Act

• Crown ownership: Sections 4(1) and 5(1) revest specified lands in Her Majesty and declare them Crown land. Those revestings create Crown ownership and the rights that flow from Crown title in respect of the parcels concerned (ss 4(1), 5(1)).
• Disposal power: The Minister for Transport is expressly empowered to sell, lease or otherwise dispose of Geraldton Lot 2905, the marina lot (s 9(2)). That is an affirmative statutory right to undertake commercial or other dispositions of that parcel.
• Vesting in local and state bodies: The City of Geraldton and the Commission are vested with specific lots for stated public-purpose uses (ss 8(1)-(2), 10(1)). The vesting gives each body the right to exercise care, control and management functions that apply under the Land Administration Act 1997 as read into this Act (ss 8(3), 10(2)).

Duties imposed or imported by the Act

• Application of Land Administration Act Part 4: For the lands vested in the City of Geraldton (lots 2907 and 2909) and the Commission (lot 2910), the Act applies the provisions of the Land Administration Act 1997 “as if” the lands were reserved and as if care, control and management were placed with the relevant body under Part 4 (ss 8(3), 10(2)). The Act therefore imports whatever duties, responsibilities and constraints Part 4 of the Land Administration Act imposes on reserve holders and land managers onto these bodies in relation to the identified lots. The Act itself does not restate those duties, but makes them applicable.
• Application of Land Administration Act Part 5: Lands declared public streets (coloured light brown on diagram no. 230) are made subject to Part 5 of the Land Administration Act 1997 “as if” they had been dedicated as roads under s 56 of that Act (s 11(2)). That imports duties and processes related to public road dedication, maintenance, and statutory administration under Part 5 as though a formal dedication under s 56 had occurred.
• Application of the Marine and Harbours Act: The Act applies ss 11 and 19 of the Marine and Harbours Act 1981 to the marina lot as if that lot had been vested under that Act (s 9(3)). This imports statutory rules and possibly duties from the Marine and Harbours Act to govern the management and use of the marina lot, alongside the disposal power in s 9(2).
• Exclusion of certain Land Administration Act provisions: Section 4(2) expressly declares that ss 187-191 of the Land Administration Act 1997 do not apply to or in relation to the land revested under s 4(1). That creates an absence of certain statutory duties or processes for those lands; to identify the precise operational effects one must look to ss 187-191 in the Land Administration Act 1997, as the Act itself does not specify their content.

Practical duty allocation and consequences

• The City of Geraldton, when vested with recreation lots, carries the duty to manage those areas pursuant to the Land Administration Act 1997 Part 4 as applied. That will govern leasing, licensing, development approvals and maintenance where those processes are regulated by Part 4, subject to the text of that Act.
• The Commission has analogous duties and rights in respect of the railway lot vested in it (s 10(1)-(2)).
• The Minister for Transport’s sale and leasing power (s 9(2)) is a decision-making right that will likely involve procedural obligations under the Marine and Harbours Act where ss 11 and 19 apply (s 9(3)); the Act delegates the substantive authority without elaborating transaction procedures.
• The declaration of public streets (s 11(1)-(2)) places the streets into the Part 5 regulatory framework and thereby shifts responsibilities for road administration, subject to Part 5’s content.

Matters not addressed in the Act

• The Act does not itself set out enforcement mechanisms, penalties or detailed administrative procedures for how the Sale/lease/disposal in s 9(2) must be conducted, nor does it restate the duties from the Land Administration Act and Marine and Harbours Act that it imports. Those details sit in the referenced statutes. The Act therefore functions as a statutory vehicle to alter title and to import other regimes’ duties, rather than as a procedural code in its own right.

Where practical compliance or operational duties are to be identified, one must read the applied provisions of the Land Administration Act 1997 (Parts 4 and 5) and the specified sections of the Marine and Harbours Act 1981 together with this Act’s vesting declarations.

The Act contains no express penalty provisions and articulates no enforcement regime within its own text. It does, however, create legal relationships and imports other statutory regimes that carry their own enforcement mechanisms. The Act’s silence on fines, offences, or direct enforcement means that regulatory and enforcement consequences must be located in the statutes the Act expressly applies by reference.

No penalties in the Act. The text of the Act does not create offences, monetary penalties, or administrative sanctions. It is focused on land status, vesting and the application or non-application of other statutory provisions (for example, ss 4-11). There is therefore no enforcement clause in the Act itself that prescribes penalties for non-compliance with the Act’s provisions.

Imported enforcement frameworks. Sections 8(3), 10(2) and 11(2) apply the Land Administration Act 1997 to certain parcels as if they had been reserved or dedicated under that Act and as if their care, control and management were placed with specified bodies under Part 4 or as if roads had been dedicated under s 56 and Part 5 applied. Any penalties, compliance mechanisms, powers of entry, injunctive procedures, or other enforcement devices that form part of the operative provisions of the Land Administration Act 1997 will therefore apply to the relevant parcels by virtue of the importation in this Act. The Act itself does not list those mechanisms; it relies on the referenced Act to supply enforcement.

Marine and Harbours Act application. Section 9(3) applies ss 11 and 19 of the Marine and Harbours Act 1981 to the marina lot as if vested under that Act. Any regulatory powers, conditions, licensing regimes, or sanctions contained in those sections will thus govern the marina lot where applicable. The Act does not replicate those provisions.

Exclusions and enforcement gaps. Section 4(2) excludes the operation of ss 187-191 of the Land Administration Act 1997 in relation to the land revested under s 4(1). The Act does not replace those provisions with alternative enforcement clauses for that land, so any enforcement mechanisms that would have been provided by ss 187-191 are, by this Act, unavailable for the affected parcels. The practical effect is that enforcement for those parcels must be located elsewhere in law or via the Crown’s management mechanisms.

Operational implication. Because enforcement and penalty mechanisms are located in the imported statutes rather than within this Act, practitioners and compliance officers need to identify which provisions of the Land Administration Act 1997 and the Marine and Harbours Act 1981 are being applied by this Act and then review those statutes to determine applicable penalties, compliance obligations, inspectors’ powers, and remedies. This Act’s role is to change title and management status; the enforcement instruments continue to sit in the substantive statutes cited.

The compilation table included in the reprint lists later amendments and commencement dates but does not add enforcement provisions. Any question about remedies for breaches of duties connected to the reallocated parcels should be answered by reference to the Land Administration Act 1997 and the Marine and Harbours Act 1981 as applied.

The Act is concise and deliberately cross-referential. Its operational effect is to change land status while importing protocols, duties and powers from three main statutes named in the text. It also depends on diagrammatic records held under a further statute. The principal interactions are with the Land Administration Act 1997, the Transfer of Land Act 1893, the Marine and Harbours Act 1981, the Government Railways Act 1904, and the Land Information Authority Act 2006 for diagram references.

Land Administration Act 1997. The Act repeatedly imports the Land Administration Act 1997 framework. Sections 8(3) and 10(2) make the provisions of the Land Administration Act apply to vested lands “as if” those lands were reserved and the care, control and management were placed with the City of Geraldton or the Commission, under Part 4 of that Act. Section 11(2) applies Part 5 of the Land Administration Act to lands declared to be public streets “as if” they had been dedicated as roads under s 56 of that Act. Conversely, s 4(2) expressly disapplies sections 187-191 of the Land Administration Act 1997 in relation to the land revested under s 4(1). The Act therefore selectively imports and excludes provisions of that statute to allocate management responsibilities and to alter the statutory processes and protections that would otherwise apply.

Transfer of Land Act 1893. Section 4(1) declares that land taken or otherwise acquired for railway purposes and shown on diagram no. 229 is revested and, where any of that land is “under the operation of the Transfer of Land Act 1893”, is removed from the operation of that Act. The effect is to convert some Torrens-registered land into Crown land, removing the land from the operation of the Transfer of Land Act. The Act itself does not supply the mechanics for title registration after removal; it simply makes the revesting declaration.

Marine and Harbours Act 1981. Section 9(3) applies ss 11 and 19 of the Marine and Harbours Act 1981 to the Minister for Transport’s marina lot as if the lot had been vested under that Act. That brings marine and harbour regulatory provisions into play for the marina parcel. Section 3(1) also defines “The Minister for Transport” by reference to the body corporate established under the Marine and Harbours Act 1981, which aligns the identity of the decision-maker with that statute.

Government Railways Act 1904. Section 3(1) defines Commission as The Western Australian Government Railways Commission constituted under the Government Railways Act 1904. This cross-reference identifies the Commission by its source act and situates the Commission’s powers and legal personality within that legislative framework for the purpose of this Act’s vesting provisions.

Land Information Authority Act 2006. Section 3(2) specifies that references to diagrams in the Act are references to the Miscellaneous Diagram of that number held by the Western Australian Land Information Authority established under the Land Information Authority Act 2006 s 5. The Act therefore depends on the land‑mapping and diagram-holding function created by that statute. The compilation table also notes that s 3 was amended by the Land Information Authority Act 2006 (see note to s 3).

Practical consequences of interaction. Because the Act applies other statutes “as if” particular legal events (reservation, dedication, or vesting under another Act) had occurred, the operative effect is mediated by those statutes. Rights, duties, licensing schemes, disposal procedures and enforcement instruments for the parcels concerned are largely determined by the applicable provisions of the Land Administration Act 1997 and the Marine and Harbours Act 1981. The Act itself alters title and invokes those other regimes; it does not replicate their operational details.

Carve-outs and gaps. By disapplying ss 187-191 of the Land Administration Act 1997 in respect of the land revested under s 4(1), the Act explicitly removes certain statutory processes or safeguards for that subset of land. This creates an interaction where some parts of the Land Administration Act apply to reallocated parcels while others are precluded, producing a hybrid regulatory landscape specific to the parcels identified.

Diagram dependence. Because the Act defines parcels by reference to numbered diagrams, accurate application depends on inspection of the diagrams held by the Land Information Authority. The diagrams determine the precise boundaries and therefore which statutes and provisions have been applied or excluded.

In short, the Act is a conduit that alters land status and channels the management and regulatory regime for each parcel to the relevant statute named in the provision. Practitioners must therefore read the named sections and Parts of the other statutes together with this Act to ascertain full legal effect.

The Act’s reprint and compilation table included in the source set out the sequence of amendments and commencement dates. The compilation table shows the following legislative events and their commencement particulars.

Original enactment. The Geraldton Foreshore and Marina Development Act 1990 (No. 44 of 1990) received assent on 22 November 1990. Sections 1 and 2 commenced on 22 November 1990, with the remainder of the Act coming into operation by proclamation on 22 February 1991 (compilation table; see s 2 and Gazette reference).

Subsequent amending enactments referenced in the compilation table include:

• Regional Development Commissions Act 1993, s 44 (No. 53 of 1993), assented 22 December 1993, commenced 8 April 1994 (compilation table). That amending provision appears to have made textual changes reflected in the reprint; the Act’s marginal notes record that s 3 was amended by No. 53 of 1993 s 44 and that section 7 was deleted by No. 53 of 1993 s 44.
• Local Government (Consequential Amendments) Act 1996, s 4 (No. 14 of 1996), assented 28 June 1996, commenced 1 July 1996 (compilation table). The Act’s marginal notes indicate s 11 was amended by No. 14 of 1996 s 4.
• Acts Amendment (Land Administration) Act 1997, Pt. 28 and s 141 (No. 31 of 1997), assented 3 October 1997, commenced 30 March 1998 (compilation table). The marginal notes show s 3, s 4, s 8, s 10 and s 11 were amended by No. 31 of 1997 s 30(1)-(4) and s 141; these amendments reflect that the text was adapted to the restructured Land Administration Act 1997 framework.
• Land Information Authority Act 2006, s 134 (No. 60 of 2006), assented 16 November 2006, commenced 1 January 2007 (compilation table). The marginal notes indicate that s 3 was amended by No. 60 of 2006 s 134, which aligns with the change grounding diagram references in the Land Information Authority Act framework.

Reprints. The compilation table records a reprint of the Act as at 8 December 2000 that included the amendments up to that date. A further reprint (Reprint 2) reflects the Act as at 16 October 2015 and includes the amendments listed in the compilation table.

Textual deletions. The Act’s marginal note records that section 7 was deleted by No. 53 of 1993 s 44. The text in the source shows that s 7 is deleted.

Marginal edits and defined-term updates. The Act’s defined terms note that s 3 has been amended multiple times: No. 53 of 1993 s 44; No. 31 of 1997 s 141; No. 60 of 2006 s 134. The marginal notes to other provisions indicate targeted amendments that adapt the Act to later statutory structures, for instance the Land Administration Act 1997 and the Land Information Authority Act 2006.

What the compilation table does not include. The compilation table lists amendments and reprint dates. It does not include statutory content of the amending Acts beyond the fact of amendment, nor does it record any subordinate legislation such as proclamations or diagrams, except via the Gazette references for commencement. To determine the practical changes effected by the amendments, one must compare the reprint text against earlier versions or consult the amending Acts themselves.

Net effect of amendments. The marginal references indicate the Act has been updated to align with the Land Administration Act 1997 and the Land Information Authority Act 2006, and that a procedural or structural provision (s 7) was removed in 1993. The reprints demonstrate the Act as current at the dates shown includes those changes.

The provided Act text and its compilation notes do not include any litigation history, case citations, or references to judicial consideration of the Geraldton Foreshore and Marina Development Act 1990. The Act’s text names no cases, and the compilation table and marginal notes record only legislative amendment history and reprint information.

Practical implications of the absence of litigation material in the source. The Act itself is a short, statutory instrument effecting land transfers and applying other statutory regimes. The source does not purport to be a case law digest. The absence of litigation references in the text means that anyone seeking to understand how the Act has been construed, disputed, or litigated in courts or tribunals must consult external case law databases, law reports, tribunal records or the court registry. The Act’s text does not supply any statutory guidance about judicial review, dispute resolution, or precedent arising from its operation.

What to look for outside the Act. For legal practitioners, accountants, compliance professionals or journalists interested in litigation implications, the appropriate next steps are to search for decisions that reference the Geraldton Foreshore and Marina Development Act 1990, and for cases that involve the specific parcels identified (via the lot and diagram numbers), the entities vested with those parcels (the City of Geraldton, The Minister for Transport, the Commission), and any challenges to disposals, road dedications, or administrative actions taken under the Land Administration Act 1997 or the Marine and Harbours Act 1981 as applied by this Act. Those searches and findings are beyond the scope of the Act text provided here, which contains no litigation entries.

Limitations. Because the Act imports duties and powers from other statutes (notably the Land Administration Act 1997 and the Marine and Harbours Act 1981), litigation that relates to the practical administration of the parcels may appear under those statutes without necessarily naming this Act in the headnote. That further supports the need for targeted case-law searches beyond the Act text if one requires litigation history or judicial interpretation relevant to how the Act has operated in practice.

The Act is short and precise, but it raises several practical issues and risks that arise from its drafting choices. These are matters that practitioners should note because they affect title mechanics, procedural obligations, discretion and operational risk. All references below are to the Act text.

Diagram dependence for boundary identification. The Act identifies parcels by colour on diagrams nos 224, 229 and 230 and ties the legal descriptions to the miscellaneous diagrams held by the Land Information Authority (s 3(2)). That means the act of determining which land is affected requires inspection of those diagrams. Relying on textual lot numbers without consulting the diagrams risks error. The Land Information Authority holdings are the controlling source for boundaries.

Removal from the Transfer of Land Act 1893. Section 4(1) revests railway land and, where any of that land was under the operation of the Transfer of Land Act 1893, removes it from the operation of that Act. That removal changes the title regime for the affected parcels. Practitioners should not assume Torrens title protections, registration mechanisms or dealings continue without consulting the relevant registrar entries and the Land Administration Act framework. The Act does not set out how outstanding registered interests, encumbrances, covenants or easements are to be managed post-revesting.

Selective disapplication of Land Administration Act provisions. Section 4(2) disapplies sections 187-191 of the Land Administration Act 1997 in relation to land revested under s 4(1). The Act does not state the content of those excluded provisions. Consequently, there may be significant procedural or substantive effects for the affected parcels that are not evident from this Act alone. Practitioners must examine ss 187-191 of the Land Administration Act to understand what protections, notices, approvals or compensation processes are being removed by this Act.

Different textual characterisations of Crown land. Section 5(1) uses differing phrases for reclaimed and non-reclaimed land: reclaimed land is “revested in Her Majesty and constituted Crown land” (s 5(1)(a)), while non-reclaimed land is “revested in Her Majesty and is to be taken to be Crown land” (s 5(1)(b)). Both phrases create Crown land status, but the difference in wording could be relevant when interpreting administrative formalities, historical title relationships or interactions with other statutes. The Act does not explain the operational difference, so practitioners should not assume equivalence without checking how the Land Administration Act or registry practice treats those formulations.

Disposal power with limited textual constraints. Section 9(2) gives the Minister for Transport the power to “sell, lease or otherwise dispose of” the marina lot. The Act does not specify procedural constraints, consultation obligations, valuation standards, or required approvals for such disposals within its text. However, s 9(3) applies ss 11 and 19 of the Marine and Harbours Act 1981 “as if” the lot had been vested under that Act. This creates uncertainty as to which procedural safeguards from the Marine and Harbours Act and the Land Administration Act apply to any disposal. The absence of express constraints in this Act means practitioners must carefully map the applicable procedures and approvals in the Marine and Harbours Act and Taxation, planning and local-government rules that may apply to any sale or lease.

Vesting that imports external duties. The Act repeatedly says lands are to be treated “as if” reserved and “as if” care, control and management were placed with the named bodies under Part 4 of the Land Administration Act 1997 (ss 8(3), 10(2)). That language imports duties but also raises questions about transitional arrangements, funding for maintenance, liability for pre-existing encumbrances, and how existing third-party interests are to be honoured. The Act does not provide transitional detail.

Absence of penalties and enforcement in the Act. The Act does not contain enforcement provisions or penalties for non-compliance with the vesting or management statements it makes. Enforcement will therefore depend on the other statutes it imports, creating a potential “gotcha” where a reader assumes the Act itself creates enforcement tools.

Commencement by proclamation. The Act commences on a day fixed by proclamation (s 2). The compilation table confirms the majority of the Act commenced on 22 February 1991, but practitioners must ensure that any applicable proclamations and gazettals, especially those that affect the effective date for particular parcels, have been published. The Act’s text does not itself provide the proclamation details apart from the execution of the original commencement.

Deleted and amended provisions. Section 7 was deleted (marginal note), and several sections were later amended to align with other Acts. Practitioners should consult the current reprint and historical versions if they require precise historical analysis or if rights or duties hinge on pre-amendment text.

Public streets declared by colour. Lands declared to be public streets are those coloured light brown on diagram no. 230 (s 11(1)). A failure to consult the diagram could lead to mistaken assumptions about which parcels are roads and which are not.

In short, the “gotchas” are mainly technical and procedural: diagram dependence, changes to title regime, selective disapplication of parts of the Land Administration Act, differences in wording for revesting, and an express disposal power lacking express constraints in the Act itself. Each of these matters requires follow-up in the Land Administration Act 1997, the Marine and Harbours Act 1981, the Land Information Authority holdings and the relevant registries.

The Act primarily reallocates land and imports duties from other statutes. Compliance therefore involves following the procedural and substantive obligations entrenched in the Land Administration Act 1997 and the Marine and Harbours Act 1981 as applied by this Act, and ensuring cadastral and registry matters are correctly recorded with the Land Information Authority and relevant land title offices. The following steps set out a practical compliance roadmap grounded in the Act’s provisions.

1. Identify affected parcels via the official diagrams (s 3(2))

• Obtain and inspect Miscellaneous Diagrams nos 224, 229 and 230 from the Western Australian Land Information Authority, as the Act expressly references those diagrams (s 3(2)). The diagrams determine which parcels are revested, vested, excised or declared public streets. Do not rely solely on the lot numbers without the diagrams.

2. Confirm commencement and any relevant proclamations (s 2)

• Verify the date the Act came into operation for the matters you are dealing with. The Act commences on a day fixed by proclamation (s 2). The compilation table indicates the principal commencement dates for the original Act and amendments, but check for any specific proclamations or gazettals affecting title, reservation or dedication.

3. For lands revested in Her Majesty (s 4(1) and s 5(1))

• Where land has been removed from the operation of the Transfer of Land Act 1893 pursuant to s 4(1), consult the land registry and the Land Administration Act 1997 to determine the effective title status and any necessary administrative steps to reflect the revesting. Because s 4(2) disapplies ss 187-191 of the Land Administration Act 1997 for these lands, identify what processes or protections (for example, notices or compensation procedures) those excluded sections contain and how their absence affects management and dealings.

4. For parcels vested in the City of Geraldton and the Commission (ss 8, 10)

• Treat Geraldton Lots 2907, 2909 and 2910 as reserved and managed under Part 4 of the Land Administration Act 1997 “as if” care, control and management had been placed with the named body (ss 8(3), 10(2)). Practically, this means:
  • The City and the Commission should review Part 4 of the Land Administration Act 1997 to identify statutory obligations, processes for leasing, licensing, development approvals, and maintenance duties.
  • Maintain records and management plans consistent with Part 4 requirements and ensure public accountability where Part 4 prescribes consultation or approval steps.
  • Coordinate with relevant State land administration authorities to update registers recording the change in care, control and management.

5. For the marina lot vested in The Minister for Transport (s 9)

• Follow the disposal, leasing and sale processes that apply under the Marine and Harbours Act 1981 to the extent those provisions are engaged. Section 9(2) permits the Minister to sell or lease the marina lot. Section 9(3) applies ss 11 and 19 of the Marine and Harbours Act 1981 to the lot “as if” it had been vested under that Act. Before any disposal:
  • Identify the procedural requirements, approvals, environmental or planning constraints and any obligations under ss 11 and 19 of the Marine and Harbours Act 1981.
  • Ensure any sale or lease is executed in accordance with those procedural requirements and that the transaction is recorded and reflected in the Land Information Authority diagrams and relevant registers.

6. For lands declared public streets (s 11)

• Treat all lands coloured light brown on diagram no. 230 as public streets and ensure Part 5 of the Land Administration Act 1997 is applied “as if” they had been dedicated as roads under s 56 (s 11(2)). That will typically involve:
  • Ensuring road designations are recorded in municipal and state registers.
  • Coordinating maintenance responsibilities and traffic management arrangements with the City of Geraldton or relevant authority designated under Part 5.
  • If works, closures or changes are proposed, follow the procedures in Part 5 for approvals, notifications and consultation.

7. Update registry entries and public records

• Where revesting, vesting, sale, lease or dedication has occurred or is proposed, ensure title records, reserve records and municipal land registers are updated to reflect the legal status created by this Act and any subsequent transactions. Use the Lot numbers and diagrams as the primary source.

8. Assess third-party interests and transitional issues

• For any affected parcel, review existing easements, covenants, charges and licences to determine how they operate post-revesting. The Act does not itself detail transitional arrangements for pre-existing interests, so determine whether those interests survived the revesting and what statutory mechanisms govern their continuation or extinguishment under the Land Administration Act 1997 or other relevant statutes.

9. Coordinate inter-agency responsibilities and funding

• Where care, control and management is placed with an entity (the City or the Commission), ensure there are funding and operational arrangements for maintenance and liability. Part 4 of the Land Administration Act 1997, as applied, will inform any statutory reporting and budgeting duties that must be complied with.

10. Legal and compliance checks

• Before undertaking disposals, leases, or significant works, obtain legal advice to confirm the procedural steps required by the Land Administration Act 1997 and Marine and Harbours Act 1981 as they have been applied. Ensure environmental approvals, planning consents and local government requirements are addressed in accordance with the applicable statutory frameworks.

11. Document decisions against the Act’s carve-outs

• Where actions touch on land revested under s 4(1), explicitly document how the exclusion of ss 187-191 of the Land Administration Act 1997 has been considered in operational decisions, particularly those that might otherwise require notice, consultation or compensation under those excluded provisions.

12. Recordkeeping and public access

• Ensure that all vesting and disposal decisions are recorded and that there is a clear public record of the status of the parcels, in the diagrams and in municipal/state registers, to avoid disputes about boundaries, management responsibility and ownership.

In short, compliance requires combining the Act’s statements of title and vesting with the procedural and substantive rules of the Land Administration Act 1997 and the Marine and Harbours Act 1981 as applied by the Act, and ensuring cadastral and registry updates via the Land Information Authority and title offices.