What it does
The Land Administration Act 1997 (WA) (the Act) is the principal statute governing the administration, disposal, and compulsory acquisition of Crown land in Western Australia. As stated in its long title, it consolidates and reforms the law relating to Crown land, repeals the Land Act 1933, and deals with related matters. Crown land is defined broadly in s.3(1) as all land except alienated land (freehold), including land below high water mark (subject to exceptions in s.3(2)-(5)) and extending to marine waters, seabed, islands, and airspace (s.3(1) definition of "land").
At its core, the Act establishes the Minister for Lands as a body corporate (s.7) with wide powers under s.10 to deal with land, including providing land administration expertise. Part 2 outlines general administration: the Minister may acquire land in the public interest (s.11), hold alienated land (s.11A, inserted 2023), and manage it (s.11B). Covenants can be imposed on use and subdivision (s.15), with enforcement via forfeiture (ss.35-36). Dealings in Crown land require Ministerial approval (s.18), and transactions are ineffective until registered (s.19).
Part 4 regulates reserves: the Minister may reserve Crown land (s.41), with special parliamentary oversight for class A reserves (ss.42-43). Management orders place care, control, and management with bodies (s.46), which may grant leases (ss.47-48). Part 5 covers roads, including dedication (s.56), closure (ss.58-58A), and mall reserves (ss.59-62). Public access routes through Crown land are declared for recreational access with limited liability (Part 5 Div.3, ss.63-71).
Sales, leases, and licences of Crown land are addressed in Part 6: the Minister may sell or lease (ss.74, 79), with conditions (s.75 for conditional fee simple). Part 6A (inserted 2023) introduces diversification leases for non-exclusive use with environmental duties (ss.92B-92F). Pastoral leases (Part 7) are a specialised regime: the Pastoral Lands Board advises and oversees (ss.94-100D), with land condition standards (s.100A) and permits for non-pastoral activities (Div.5, ss.115-122F). Rent is determined by the Valuer-General every 10 years (s.123), with CPI adjustments (s.122H, inserted 2023).