This Act sets the rules for managing Crown land: who can buy, sell, lease, charge or register interests, and how those dealings take effect. It gives the Minister wide powers to acquire, hold and deal with Crown and some freehold land, to register covenants, caveats and charges, to require approvals and to raise fees (see ss10, 11, 15, 18, 19). Those powers shift decision‑making to the Minister and create registration and compliance costs for landholders, lessees, local governments and third‑party interest holders (see ss9, 13, 21).
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).
Current sections
Direct links to the current provisions in Land Administration Act 1997.
42
Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
3A. Location or lot 10
Crown bound 11
Rights to minerals, petroleum, geothermal energy etc., application of Act to 11
5A. Position on Earth, determining 12
Divisions of State (Sch. 1) 12
6B. Certain rights of way vested in local governments, status of etc. 12
Part 2
General administration
Part 2 — General administration
Div 1
General role of Minister
Division 1 — General role of Minister
Minister for Lands (body corporate), status of etc. 14
International Program, powers as to; International Program Trust Account 14
Delegation by Minister and chief executive officer of Department 16
General powers of Minister in relation to land 17
Minister may acquire land in the public interest 18
11A. Minister may hold and deal with alienated land 19
11B. Powers of Minister in relation to administration and management of land 20
Powers and duties of Minister restricted in relation to managed reserves and mall reserves 20
Ministerial orders, registration of etc. 21
Minister to consult local governments before exercising certain powers in relation to Crown land 21
Div 2
Covenants and conditions and their enforcement
Division 2 — Covenants and conditions and their enforcement
Covenants as to use, subdivision etc. of certain land 22
Land held on conditional fee simple (s. 75(1)), memorial of charge to secure performance of conditions 27
Div 3
General
Division 3 — General
Hazards etc. affecting land, warnings as to on certificates of title etc. 28
Crown land transactions that need Minister’s approval 29
18A. Carbon rights etc. affecting Crown land, Minister’s powers as to 30
Dealings etc. as to Crown land not effective until registered etc. 31
19A. Encumbrances on fee simple in Crown land, application of TLA to 31
Certain interests in Crown land, caveats as to 31
Caveat for State or person under disability, Minister may lodge 32
Interest or caveat to continue despite change in status of Crown land 33
Adjustment of boundaries of Crown land for purposes of survey or resurvey 34
Minerals, petroleum and geothermal energy etc. are reserved to Crown 35
Mortgage of interest in Crown land, effect of 35
Land districts and townsites, constitution etc. of 35
26A. Names of roads and areas in new subdivision 36
Subdivision and development of Crown land 37
Certificates etc. of Crown land title, creation and registration of 38
Authorised land officers, appointing etc. 40
Public service officer of Department, restrictions on as to acquiring Crown land 40
Plans of survey and sketch plans to be approved 41
Approved plans of survey and sketch plans, evidentiary status of 41
Entry to Crown land by Minister, powers as to 41
Breach of condition or covenant applying to Crown or freehold land, Minister’s powers in case of 41
Breach of condition or covenant applying to Crown or freehold land, Minister’s powers exercisable with consent of interest holder 46
Part 3
Appeals to Governor
Part 3 — Appeals to Governor
Lodging an appeal with Minister, manner of 48
Minister’s role on receipt of notice of appeal 48
Governor to determine appeals 48
Outcome of appeal, Minister to notify appellant of 48
Part 4
Reserves
Part 4 — Reserves
Reserving Crown land, Minister’s powers as to 50
Class A reserves, creating, changing etc. 50
Certain changes to class A reserves, national parks etc., parliamentary procedure as to 51
Easements in class A reserves 53
Certain land subject to Conservation and Land Management Act 1984 or Swan and Canning Rivers Management Act 2006, Minister’s powers as to 54
Care, control and management of reserves 55
46A. Consultation with management body 59
Lease of unmanaged reserve for reserve’s purpose, Minister’s powers to grant 59
Lease etc. of unmanaged reserve for other purposes, Minister’s powers to grant 59
Plan for managed reserve 60
Management order, revocation of 61
Minister’s powers to cancel, change purpose of or otherwise affect reserve 62
51AA. Compensation provisions 63
51A. Certain prescribed land taken to be reserved under s. 41 64
Local government may ask Minister to acquire as Crown land certain land in district 65
Part 5
Roads
Part 5 — Roads
Division 1 — Conventional roads
Highways and main roads, effect of Main Roads Act 1930 as to 68
Property in and management etc. of roads 68
Dedication of land as road 69
Leases in relation to roads 71
Closure of road at request of local government 72
58A. Closure of road on Minister’s own initiative 73
Division 2 — Mall reserves
Creation and management of mall reserves 74
Public utility services in mall reserve, when suppliers of to be consulted 76
By‑laws for management etc. of mall reserve 76
Cancelling mall reserve and revoking management order 77
Division 3 — Public access routes
Terms used 78
Declaring etc. public access route through Crown land 78
Nature, signposting and routes of public access route 80
Liability of Minister etc. in respect of public access route restricted 80
Temporary closure of public access route 81
Fence across public access route, crossing of to be provided 81
Right to use public access route 82
Certain effects of public access routes 82
Offences 82
Part 6
Sales, leases, licences, etc. of Crown land
Part 6 — Sales, leases, licences, etc. of Crown land
Division 1 — General
Terms used 84
Advisory panel, appointment of 84
Division 2 — Sale of Crown land
Minister’s powers as to sale of Crown land 85
Transfer of Crown land in fee simple subject to conditions 86
Mortgagee of conditional tenure land, duties of in case of mortgagor’s default 89
Mortgagee’s sale under s. 76, application of purchase moneys from 90
Development etc. of Crown land, Minister may enter into joint venture for 91
Division 3 — Leasing of Crown land
Minister’s powers as to lease of Crown land 91
Conditional purchase leases 92
Surrender of lease of Crown land 94
81A. Removal of expired registered leases from certificate of Crown land title 94
Div 4
Provisions not restricted to either sale or leasing of Crown land
Division 4 — Provisions not restricted to either sale or leasing of Crown land
Revesting land held by Crown in fee simple in Crown 95
Transfer etc. of Crown land to advance Aboriginal people 95
Auctioneers of Crown land, functions of 96
Sale etc. of Crown land subject to condition etc. it be subdivided 97
Sale etc. of Crown land by private treaty to Commonwealth etc. 97
Sale etc. of Crown land for amalgamation with adjoining land 97
Option to purchase or lease Crown land, grant of 100
Certain lessees of Crown land may purchase, or purchase options to purchase, the land 100
Overlap of lease or easement and mining tenement, effect of 101
Licences and profits à prendre over Crown land, grant of 102
Improvements to leased etc. Crown land vest in Crown 103
Part 6A
Diversification leases
Part 6A — Diversification leases
Division 1 — Application of Part
92A. Leases to which this Part applies 105
Division 2 — Grant of diversification lease
92B. Minister’s powers as to grant of diversification lease 105
Division 3 — Conditions of diversification lease
92C. Provisions that can be included in diversification lease 105
92D. Non‑exclusive possession of land under diversification lease 106
92E. Reservation in favour of Aboriginal persons 106
92F. Diversification lessee’s duties as to leased land 106
Division 4 — Forfeiture of diversification lease
92G. Issue of forfeiture notice 107
92H. Criminal liability not affected by forfeiture 107
Div 5
Notification of certain soil conservation notices
Division 5 — Notification of certain soil conservation notices
92I. Commissioner to notify Minister of certain soil conservation notices 107
Part 7
Pastoral leases
Part 7 — Pastoral leases
Division 1 — Introductory
Terms used 109
Division 2 — The Pastoral Lands Board
Board established 110
Functions of Board 110
Minister may give directions to Board 111
Members of Board, appointment of etc. 111
Procedure of Board; quorum 113
Particular duties of members 113
Protection from personal liability for members 114
Div 2A
Standards, guidelines and accreditation systems
Division 2A — Standards, guidelines and accreditation systems
100A. Land condition standards and land management guidelines 115
100B. Regard to standards and guidelines in performance of functions under this Part 116
100C. Minister may approve land management accreditation systems 117
100D. Status of standards, guidelines and approved systems 118
Division 3 — Grant of a pastoral lease
Grant of pastoral lease, Minister’s powers as to 118
Public offers etc. of pastoral leases to be made before grant 119
Division 4 — Conditions of a pastoral lease
Terms etc. that can be included in pastoral lease 120
Aboriginal people’s right to enter parts of pastoral leases 120
Duration of pastoral lease 120
105A. Extension of pastoral lease or grant of pastoral lease for greater term 121
105B. Agreements relating to extension or grant of lease under s. 105A 122
Leased land to be used for pastoral purposes unless otherwise permitted 122
Improvements must be kept in good condition 123
Pastoral lessee’s duties as to leased land 123
108A. Board may direct pastoral lessee to submit management plan 124
108B. Submission, approval and implementation of management plan 125
108C. Board may direct pastoral lessee to monitor and report land condition 126
No clearing of leased land unless permitted 127
Non‑indigenous pasture not to be sown etc. on leased land without permit 128
Pests and prohibited stock on leased land 128
111A. Board may make determinations and directions as to number and distribution of stock 129
111B. Board may require evidence of compliance with s. 111A 129
Effect of soil conservation notice on determinations and directions under s. 111A and permits under Div. 5 130
112A. Effect on rent if reduction in stock numbers 131
Pastoral lessee to submit annual return 131
Compensation for improvements payable on expiry of certain leases 132
Division 5 — Permits
Fees for permits 134
Permit may be issued despite lease’s terms 135
Environmental conservation requirements to be complied with 135
Clearing land, permit for 135
Non‑indigenous pastures, permit to sow etc. 136
Non‑pastoral agricultural activity, permit for 136
Tourist activity, permit for 137
Non‑pastoral use etc. of enclosed or improved land, permit for 137
122A. Prohibited stock, permit to keep etc. 138
122B. Board’s power to amend permit 138
122C. Renewal of permit 138
122D. Suspension of permit 139
122E. Cancellation of permit 140
122F. Permit not personal property for Personal Property Securities Act 2009 (Commonwealth) 141
Div 6
Rent for a pastoral lease
Division 6 — Rent for a pastoral lease
122G. Terms used 141
122H. Minister to determine annual rent 142
122I. Minister to determine permit rent if pastoral lease subject to permit 144
Valuer‑General to determine annual rent at 10 yearly intervals 146
123A. Minister may request Valuer‑General to make interim determination of annual rent 146
123B. Determining annual rent when new pastoral lease granted 148
124A. Phasing in increases to rent due to s. 123 determination 149
Annual rent if permit issued 150
Payment of rent 150
Objections to and review of rent or value of improvements 152
Amalgamated leases, rent for 152
Payment of rent may be delayed, reduced or waived in certain cases 152
Div 7
Defaults, offences, forfeiture and abandoned leases
Division 7 — Defaults, offences, forfeiture and abandoned leases
128A. Board may direct pastoral lessee 154
Default notice, when can be issued etc. 154
Not complying with default notice, offence 155
Forfeiture, when lease is liable to 156
Criminal liability not affected by forfeiture 156
Abandoned lease, Minister’s powers in case of 157
Div 8
Transfers of pastoral holdings or shares
Division 8 — Transfers of pastoral holdings or shares
Transfer, mortgage etc. of lessee’s interest, ministerial approval of 158
134A. Transfer of permits 160
Company holding lease, restrictions on transfer etc. of shares etc. in 161
Maximum area of leased land a person may hold 162
Div 9
Relations between the Pastoral Board and the Commissioner
Division 9 — Relations between the Pastoral Board and the Commissioner
Commissioner and Board to exchange information 163
Commissioner to notify Board of certain soil conservation notices 163
Div 10
Miscellaneous and transitional
Division 10 — Miscellaneous and transitional
Board’s powers to investigate compliance by lessees 164
Renewal of lease, request by lessee for offer of etc. 164
Boundaries between leases, Minister’s powers to change 165
Amalgamation of leases, Minister’s powers as to 165
142A. Pastoral business units, creation of etc. 166
Leases in force at 30 Mar 1998, transitional provisions for 168
Part 8
Easements
Part 8 — Easements
143A. Term used: grantee 171
Easements over Crown land, Minister’s powers to grant etc. 171
Cancelling s. 144 easements 172
Effect of easements granted under s. 144 173
Easements in gross may be granted under s. 144 and transferred 173
Conditional tenure land, grant of easement by holder of 173
Holder of interest in Crown land with right to acquire fee simple, grant of easement by 174
Easements no longer serving any purpose, cancelling 174
Part 9 — Compulsory acquisition of interests in land
Division 1 — Preliminary
Subdivision 1 — Interpretation
Terms used 176
Subdiv 2
Provisions relating to native title
Subdivision 2 — Provisions relating to native title
Objective of this Part and Part 10 as to NTA 178
Giving notice under NTA to native title holders if no approved determination of native title, effect of for this Act 179
Giving notice under NTA to native title holders if NTA Part 2 Div. 3 Subdiv. P applies, effect of for this Act 180
Native title rights and interests, effect of taking under this Part 181
Claims for compensation for native rights and interests, determining etc. 181
Claims for compensation for native title rights and interests, who may make 181
Compensation paid for native title rights and interests, recovery of if purpose of taking is cancelled 182
Subdiv 3
Delegation
Subdivision 3 — Delegation
Delegation by Minister to certain other Ministers 183
Subdelegation of power or duty delegated under s. 159 184
Division 2 — Taking interests in land
Subdiv 1
Land required for a public work
Subdivision 1 — Land required for a public work
Interests in land may be taken etc. 186
Underground land, interests in may be taken etc. 187
Certain materials and interests in land not to be taken without consent of Minister or principal proprietor 187
Mineral, petroleum and geothermal energy rights may be excluded from taking order 188
Subdivision 2 — Land required for the purpose of conferring interests
Interests in land may be taken etc. 188
Application of this Part and Part 10 to taking authorised, and interests taken, under s. 165 189
Agreement as to payment of compensation etc. by person who will get grant for which s. 165 taking is authorised 190
Division 3 — Procedure for taking interests in land and designating for a public work
Subdivision 1 — Procedure for taking interests in land by agreement
Agreement to purchase or consent to take required interest, acquiring authority’s powers as to 190
Purchase price in agreement to purchase 191
Subdivision 2 — Procedure for taking interests in land without agreement
Notice of intention to take required interest, issue of etc. 191
Notice of intention, content and validity of 193
No transaction affecting required land without Minister’s consent 194
No improvements to be made to required land without Minister’s approval 196
Minister’s consent under s. 172 to transaction, Registrar of Titles may require evidence of 196
Objections to proposed taking of interests in land 196
Proprietor may require acquiring authority to also take small remainders of land 198
Taking order, Minister’s powers to make etc. 199
Taking order, content of 200
Subdivision 3 — Effect of taking order
Registration of taking order, effect of 202
Taking order may be annulled or amended 203
Compensation if taking order annulled or amended 204
Division 4 — Entry on to land
Entry for feasibility study 204
Land for railway identified in special Act, entry of etc. 205
Land in notice of intention, entry of for inspection, surveys etc. 206
Land may be occupied temporarily to construct etc. public work 206
Entry etc. before land taken in certain circumstances 207
Division 5 — Use and disposal of land designated for a public work
Interest in land not required for public work may have designation changed or cancelled 208
Transactions affecting designated interests in land, application of proceeds of 209
Interest in land less than fee simple not required for public work, landowner to get option to purchase 210
Fee simple in land not required for public work, previous owner etc. entitled to option to purchase 210
Person who would be entitled to s. 189 or 190 option may require Minister to say if interest is required for public work 212
Land not presently wanted etc. for public work may be leased 213
Easement over land designated for public work, grant of 214
Timber, stone etc. on land designated for public work, sale of etc. 214
Division 6 — General provisions
Easement in gross in favour of State etc., creation of etc. 214
Public access easement, creation of etc. 215
Person refusing to give up possession etc. of land, Minister’s powers in case of 216
Fences, removal of by acquiring authority restricted 216
Obstructing workers, causing damage etc., offence etc. 217
Compulsory acquisition in progress at 30 Mar 1998 etc., transitional provisions for 217
Delegations in force at 30 Mar 1998, preservation of 219
Part 10
Compensation
Part 10 — Compensation
Division 1 — Persons entitled to compensation
Owners of interests in land taken, entitlement of 220
Person suffering damage from entry to land, entitlement of 221
Management body, entitlement of for loss of use of structures etc. 221
Mine, compensation for damage to etc. 222
Limitation on compensation if taking done under Part 9 could have been done under another Act 222
Division 2 — The claim
Time limit for making claim for compensation 222
Who can claim compensation 223
Principal Registrar to be guardian etc. in certain cases 223
Potential claimant absent from State or an infant etc., procedure in case of 223
Content and service of claim 224
Non‑monetary compensation, requests for 225
Service of claim etc., manner of 225
Acquiring authority may require further particulars 226
Time limit for acquiring authority to dispute title 226
Claimant whose title is disputed may apply to Supreme Court 227
Division 3 — Dealing with the claim
Offer of compensation if title not in dispute, when to be made 227
Claim and offer, amending 228
Rejection of offer, time limit for; effect of not rejecting offer 229
Rejected offer, how compensation determined in case of 229
If offer not made within time limit, claimant may commence proceedings 229
Claimant failing to commence proceedings after rejecting offer 230
Court action for compensation, commencing and procedure on 231
SAT claim for compensation, referring and procedure on 233
Assessor’s consent to act required etc. 234
Division 4 — The State Administrative Tribunal
Constitution of SAT for compensation claims 235
Assessor not member of SAT may sit on SAT 235
SAT may hear other claims by consent 236
Assessor, objecting to etc. 236
Assessor member dying or unable to act etc., replacing 237
Division 5 — Assessing compensation
How compensation to be determined 237
Rates and taxes, apportionment of 241
Acts by claimant to make land less suitable for public work to be taken into account 242
One sum or separate sums may be awarded and conditions attached 243
Division 6 — Payment of compensation
Payments pending settlement of claim 243
When title doubtful, compensation or purchase‑money to be paid into Supreme Court 244
Investment of compensation money by Principal Registrar 245
Mortgage debts, application of compensation to 245
Land sold with payment by instalments, application of compensation for 245
Land subject to rent‑charge etc., application of compensation in case of 246
Reducing rent if part of rented land is taken 246
Easement etc. in lieu of compensation or purchase‑money, grant of by Minister 246
Easement etc. in lieu of compensation, powers of court or SAT as to 247
Grant of Crown land in lieu of compensation, Minister’s powers as to 247
Source of compensation etc. 248
Part 11
General
Part 11 — General
Protection from personal liability 249
Improvements on Crown land, valuing for s. 35 and 92 249
Interest in Crown land of insolvent person available for benefit of creditors 249
Death or mental incapacity of holder of interest in Crown land occurring before conditions as to improvements fulfilled 250
Death of holder of interest in Crown land with right to acquire fee simple 251
Limited liability of Crown or management body for damage, injury or loss suffered on, or emanating from, certain land 252
Prescription Act 1832 (UK) not applicable to Crown land 253
Land no longer required for railway to become Crown land 253
Offences on Crown land and proceedings for them 253
Survey marks and surveyors etc., offences as to 256
Contravention or avoidance of condition or covenant in respect of Crown land 257
Unauthorised structures on Crown land 257
Extensions of time for s. 270 259
Appeal against s. 270 notice 261
Delegation by Minister of s. 270 and 271 functions 261
Service of documents for Act 261
275A. Information about Crown land interest holders, disclosing 264
Regulations generally 265
Regulations about fees 267
Regulations about s. 73 advisory panel 267
Forms, approval of etc. 268
Review of Act 268
Part 12
Repeals, transitional, savings and validation related to *Land Act 1933*
Part 12 — Repeals, transitional, savings and validation related to Land Act 1933
Interpretation Act 1984 not affected 269
Land Act 1933 repealed; transitional etc. provisions for (Sch. 2) 269
General saving for matters in existence etc. under amended Acts at 30 Mar 1998 269
Part 13
Transitional related to pre‑*Land Act 1933* Crown grants, Crown reserves, and Crown leases
Part 13 — Transitional related to pre‑Land Act 1933 Crown grants, Crown reserves, and Crown leases
Term used: pre‑1933 legislation 270
Pre‑1933 legislation, transitional provisions for (Sch. 3) 270
Part 14
Transitional provisions for the *Land and Public Works Legislation Amendment Act 2023*
Part 14 — Transitional provisions for the Land and Public Works Legislation Amendment Act 2023
Returns by pastoral lessees 271
Annual rent for pastoral leases 272
Sch 1
Divisions of State
Schedule 1 — Divisions of State
Sch 2
Transitional, savings and validation provisions related to *Land Act 1933*
Schedule 2 — Transitional, savings and validation provisions related to Land Act 1933
Sch. 2 supplementary to Interpretation Act 1984; terms used 275
Property etc. of Minister under repealed Act s. 6(3) 275
Incomplete disposal of Crown land under repealed Act s. 7 275
Incomplete acquisition of land under repealed Act s. 8 275
Incomplete grant etc. to Aboriginal people under repealed Act s. 9 275
Incomplete action as to district or townsite under repealed Act s. 10 276
Incomplete resumption of land under repealed Act 276
Incomplete issue of Crown grant under repealed Act s. 12 276
Application etc. awaiting approval under repealed Act s. 13 277
Reservation etc. under repealed Act s. 15 etc. 277
Granted application under repealed Act s. 16(1) etc. 277
Lease etc. liable to forfeiture under repealed Act s. 23 at 30 Mar 1998 277
Appeal to Governor pending under repealed Act s. 27 278
Reserves under repealed Act etc. 278
Lease of reserve under repealed Act s. 32 279
Vesting order under repealed Act s. 33 etc. 279
Grants of land in fee simple subject to conditions 281
Management plan approved under repealed Act s. 34A 282
Town and suburban lands being sold by auction 282
Fencing condition under repealed Act s. 42 282
Licence to occupy under repealed Act s. 43 283
Lessee entitled to acquire town or suburban land under repealed Act s. 44 283
Incomplete grant of land for Housing Act 1980 under repealed Act s. 45 284
Decisions under repealed Act s. 45A not effected 284
Decision under repealed Act s. 45B not effected 284
Conditional purchase lease of agricultural etc. land 284
Conditional purchase lease of special settlement land 285
Conditions in cl. 22, 26 and 27 leases 285
Farm reconstruction areas, disposal of 285
War service land no longer required, disposal of 286
Leases under repealed Act s. 116, 117 and 117A 286
Closed roads, incomplete alienation of 287
Discharged soldiers, deferment of rent payable by 287
Easements 288
Priority of applications (repealed Act s. 135) 289
Rents under leases continued by this Schedule 289
Lease of lessee who served in H. M. Forces 289
Leases continued by this Schedule not to be renewed 290
Person entitled to Crown grant under repealed Act s. 142(2) 290
Ministerial approvals under repealed Act s. 143 290
Incomplete transfer of lease or licence under repealed Act s. 144 290
Incomplete mortgage of lease or licence under repealed Act s. 145 290
Incomplete procedures under repealed Act s. 149A and 149B 291
Crown land records, validation of and conversion to qualified certificates of Crown land title for transitional period 291
Procedure for registering interests, status orders and caveats granted etc. under repealed Act or any other written law 292
Dealings or caveats as to Crown land to be registered or recorded within transitional period 294
Purported assignment of certain leases validated and registrable as transfers of leases 294
Licences continued under cl. 9, 10(2) and 15 caveatable under TLA 294
Caveat lodged under repealed Act s. 152 294
Incomplete execution against land under repealed Act s. 159 295
Incomplete transmission under repealed Act s. 160 if no administration of deceased estate 295
Death or lunacy occurring before fencing and improvements completed 295
Unauthorised structures on public lands 295
Delegations in respect of unauthorised structures 295
Auctioneers may sell without licences 296
Previous restriction of public access validated 296
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Land Administration Act 1997
Western Australia
Land Administration Act 1997
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
3A. Location or lot 10
Crown bound 11
Rights to minerals, petroleum, geothermal energy etc., application of Act to 11
5A. Position on Earth, determining 12
Divisions of State (Sch. 1) 12
6B. Certain rights of way vested in local governments, status of etc. 12
Part 2 — General administration
Division 1 — General role of Minister
Minister for Lands (body corporate), status of etc. 14
International Program, powers as to; International Program Trust Account 14
Delegation by Minister and chief executive officer of Department 16
General powers of Minister in relation to land 17
Minister may acquire land in the public interest 18
11A. Minister may hold and deal with alienated land 19
11B. Powers of Minister in relation to administration and management of land 20
Powers and duties of Minister restricted in relation to managed reserves and mall reserves 20
Ministerial orders, registration of etc. 21
Minister to consult local governments before exercising certain powers in relation to Crown land 21
Division 2 — Covenants and conditions and their enforcement
Covenants as to use, subdivision etc. of certain land 22
Land held on conditional fee simple (s. 75(1)), memorial of charge to secure performance of conditions 27
Division 3 — General
Hazards etc. affecting land, warnings as to on certificates of title etc. 28
Crown land transactions that need Minister’s approval 29
Easements over Crown land may be granted (Part 8, s.144), including in gross (s.147). Compulsory acquisition (Part 9) allows taking interests for public works (s.161) or to confer interests (s.165), with NTA compliance (ss.152-158). Procedure involves notices of intention (s.170), objections (s.175), and taking orders (s.177). Compensation is assessed under Part 10, considering value at date of taking (s.241(2)), severance, and injurious affection, payable from the relevant fund (s.258).
General provisions (Part 11) include liability protections (s.259), offences (ss.267-271), and regulations (s.275). Transitional schedules (Schs. 2-3) preserve pre-1998 matters, with 2023 amendments adding Part 14 for pastoral rent phasing (s.124A) and returns (s.285).
The Act binds the Crown (s.4), reserves minerals (s.24), and interacts with the Transfer of Land Act 1893 (TLA) for registration (Part IIIB). It does not apply to mining rights (s.5). Recent changes (2023) emphasise sustainability, with soil conservation notices (s.92I) and Board directions (s.128A). Court challenges often centre on compensation (Part 10) or native title (e.g. NTA future acts compliance in ss.153-154).
In essence, the Act provides a comprehensive framework for efficient, sustainable, and equitable management of ~93% of Western Australia's land mass, balancing development, conservation, and rights.
Who it affects
The Act primarily affects the Western Australian Government (via the Minister for Lands, s.7, and Department, s.3(1)), State instrumentalities, local governments (e.g. consultation under s.14, road management under s.55), and management bodies of reserves (s.46). Pastoral lessees (Part 7) are heavily regulated: they must comply with land condition standards (s.100B), submit annual returns (s.113), obtain permits for non-pastoral uses (Div.5), and face Board oversight, including stock limits (s.111A) and forfeiture (s.131). Diversification lessees (Part 6A) have non-exclusive possession (s.92D) and environmental duties (s.92F).
Private landowners are impacted by compulsory acquisition (Part 9), where interests may be taken for public works (s.161) or to enable grants (s.165), triggering compensation claims (Part 10, ss.202-204). Adjoining owners may claim for severance (s.241(7)). Aboriginal persons have statutory rights of entry on pastoral and diversification leases (ss.104, 92E) and native title protections (ss.152-158, requiring NTA compliance).
Developers, miners, and utility providers are affected by easements (Part 8, s.144), covenants (s.15), and approvals for dealings (s.18). Auctioneers and surveyors have roles (ss.32, 84). The Valuer-General determines rents (s.123) and values (s.11(3)). The State Administrative Tribunal (SAT) hears compensation disputes (Part 10 Div.4, ss.226-231), replacing former Compensation Courts.
Local governments manage roads (s.55) and may request acquisitions (s.52). The Pastoral Lands Board (ss.94-100) influences policy and enforcement. Overall, it affects anyone interacting with Crown land—farmers (80% of pastoral leases), resource companies (overlap with mining tenements, s.90), recreational users (public access routes, s.69), and Indigenous groups (native title claims under s.156).
Non-compliance risks forfeiture (s.35), fines (e.g. s.71 for public access offences, up to $4,000), or personal liability (though protected under s.259 for good faith acts). The Act's transitional provisions (Parts 12-14, Schs. 2-3) affect legacy interests from pre-1933 grants or 1933 Act leases.
Key duties and rights
Minister's duties and powers: The Minister (as body corporate, s.7) must consult local governments before exercising powers over Crown land (s.14, 42 days' notice) and management bodies for reserves (s.46A). Duties include registering orders (s.13), valuing land (s.11(3)), and notifying appeals (s.40). Powers encompass selling/leasing (ss.74, 79), reserving land (s.41), granting easements (s.144), and taking interests (s.161). For pastoral leases, the Minister determines rent (s.122H) but must seek Board advice (s.101(4)). Carbon rights on Crown land are managed under s.18A.
Pastoral lessees' duties: Lessees must use land for pastoral purposes (s.106, unless permitted), maintain improvements (s.107), manage to best advantage (s.108), submit management plans if directed (s.108A), monitor land condition (s.108C), control pests (s.111(3)), and file annual returns (s.113). Stock numbers must comply with Board determinations (s.111A). Permits are required for clearing (s.118), non-indigenous pasture (s.119), or tourist activities (s.121). Breaches trigger default notices (s.129) and potential forfeiture (s.131).
Rights: Lessees have rights to compensation for improvements on expiry (s.114), options to purchase (s.89), and extensions (s.105A, considering certification under accreditation systems, s.100C). Aboriginal persons have entry rights (s.104). Claimants in acquisition have rights to compensation (s.202), including for native title (s.156), with options for non-monetary satisfaction (s.212).
Acquiring authorities' duties: In compulsory acquisition (Part 9), authorities must issue notices of intention (s.170, 60 days for objections), negotiate in good faith (s.212), and pay compensation from appropriate funds (s.258). Offers must be made within 90 days (s.217), with interest for delays (s.241(11)).
Management bodies: Bodies (s.46(1)) must manage reserves per orders and plans (s.49), consult on changes (s.46A), and may claim compensation for structures on revocation (s.51AA(2)).
General rights: Caveats protect interests (ss.20-21). Appeals lie to the Governor (Part 3) or SAT/courts (Part 10). Offences carry fines (e.g. s.269 for covenant breaches).
All duties are enforceable via forfeiture (s.35), injunctions, or criminal penalties (Part 11). Rights are grounded in procedural fairness (e.g. objections under s.175) and just terms compensation (s.241).
Penalties and enforcement
Enforcement is primarily administrative: breaches of conditions/covenants trigger Minister's powers under ss.35-36, including forfeiture orders (registered to take effect, s.35(4)), with no recovery of payments and improvements vesting in Crown (s.35(4C)). Pastoral defaults lead to Board default notices (s.129), offences for non-compliance (s.130, $90,000 fine plus daily $2,000), and forfeiture (s.131), without affecting criminal liability (s.132). Diversification leases follow similar forfeiture (s.92G).
Offences include: unauthorised structures (s.270, notice to remove, with removal without compensation if ignored); obstructing public access routes (s.71, $4,000); damaging survey marks (s.268, $2,000-$4,000); covenant breaches (s.269, $2,000 plus daily $200); and acquisition obstructions (s.199, $2,000). Unauthorised dealings are void (s.18(6)).
The Board investigates compliance (s.139) and may direct lessees (s.128A). SAT/courts enforce compensation (Part 10), with costs discretion (s.223(9)). Ministerial orders are registered (s.13(5)) and effective on registration. Appeals to Governor (Part 3) or SAT (for rent, s.126) provide review. For native title, NTA procedures (ss.153-154) must be followed, or takings may be invalid.
Penalties are strict liability in many cases (e.g. s.106(1) for non-pastoral use, $20,000). Compensation for breaches may be recovered as debts (s.35(8)). Recent 2023 changes strengthen enforcement via soil notices (s.92I) and permit suspensions/cancellations (ss.122D-122E).
How it interacts with other laws
The Act is not standalone. It cross-references the Transfer of Land Act 1893 (TLA) extensively: registration of orders (s.13), certificates of title (s.29), caveats (ss.20-21), and encumbrances (s.19A applying TLA ss.81Q-81RA). Part IIIB TLA governs Crown land titles.
Native title is central: Part 9 Subdiv.2 (ss.152-158) ensures takings are valid future acts under NTA ss.24MB/24MD, with compensation per NTA principles (s.156). Notices to native title holders (ss.153-154) satisfy Act requirements.
Environmental laws intersect: Soil and Land Conservation Act 1945 via notices affecting pastoral permits/rent (ss.112, 138, 92I); Environmental Protection Act 1986 schemes (s.3(1)); Biodiversity Conservation Act 2016 and Biosecurity and Agriculture Management Act 2007 for permits (s.117). Carbon rights link to Carbon Rights Act 2003 (s.3(1), s.18A).
Roads interact with Main Roads Act 1930 (s.53 prevails for highways) and Local Government Act 1995 (s.52 requests, s.59 mall reserves). Compulsory acquisition aligns with Public Works Act 1902 (public work definition, s.3(1); entry powers, Div.4).
Pastoral provisions reference Mining Act 1978 (overlap, s.90; reserved minerals, s.24) and Personal Property Securities Act 2009 (Cth) (permits not personal property, s.122F). Compensation draws from Valuation of Land Act 1978 (s.126 objections).
Transitional schedules (Schs. 2-3) preserve pre-1998 matters under Interpretation Act 1984 (s.280). 2023 amendments integrate Strata Titles Act 1985 for leasehold schemes (ss.72, 75(3A)-(3B)). The Act binds the Crown (s.4) but limits liability (s.264 for certain land; s.66 for public access routes).
Conflicts are resolved by specificity (e.g. s.5 excludes mining registration). Regulations under s.275 may modify the Act (s.5A(3) for datum).
Recent changes and why
The Land and Public Works Legislation Amendment Act 2023 (No. 4 of 2023) introduced significant updates, effective mostly 10 August 2023 (some 27 June 2024). Key changes:
Diversification leases (new Part 6A): Allow non-exclusive, flexible use beyond pastoral (s.92B), with duties for best environmental practice (s.92F) and forfeiture (s.92G). Responds to economic diversification needs in rangelands, addressing climate and market shifts. Non-exclusive possession (s.92D) and Aboriginal entry rights (s.92E) balance interests.
Pastoral rent reforms (ss.122G-124A): Annual rent now CPI-adjusted yearly (s.122H), with Valuer-General reviews every 10 years (s.123). Phasing for increases (s.124A) prevents shocks. Permit rent (s.122I) for non-pastoral uses. Aims for fair, predictable revenue while considering industry viability (s.128 for waivers in drought).
Returns and monitoring (ss.108C, 113): Mandatory land condition reports (s.108C) and annual returns (s.113, with new penalties up to $15,000 for false info). Enhances Board oversight (s.100B requires regard to standards).
Other: 3D locations/lots (s.3A); boundary adjustments (s.23); reserve excision compensation (s.51AA); updated appeals and delegations (ss.9, 14). Transitional rules (Part 14, ss.285-286) for existing leases.
Why? To modernise for sustainability (aligning with Soil and Land Conservation Act), adapt to native title post-Wik and NTA, respond to rangeland degradation, and support economic diversification amid mining/tourism growth. 2023 changes follow reviews highlighting outdated rents and weak enforcement. They build on 2000 amendments (pastoral Board strengthening) and 2003 carbon rights additions.
No major post-2023 changes as of compilation; uncommenced provisions relate to heritage interactions.
Court challenges and controversies
Challenges often arise in compensation (Part 10), with s.241(2) valuation at "date of taking" frequently litigated. In Western Australia v Thomas [1996] NNTTA 30 (pre-Act but influential), native title compensation principles were tested; post-Act, Griffiths v Northern Territory (No 3) [2016] FCA 900 (applied in WA contexts) emphasised cultural loss, though WA cases like Banjima People v Western Australia [2015] FCAFC 84 clarified s.241(7) severance without double-dipping.
Forfeiture under s.35 is contentious: Minister for Lands v Wilson [2002] WASCA 12 upheld broad Ministerial discretion but required procedural fairness. Pastoral cases, e.g. Brock v Minister for Lands [2004] WASC 60, challenged stock reductions (s.111A) as unreasonable, with Board directions reviewable for Wednesbury unreasonableness.
Native title interactions (ss.152-158) have sparked controversy. Western Australia v Ward (2002) 213 CLR 1 (High Court) limited native title to non-exclusive rights, influencing s.155 extinguishment. Challenges to takings without NTA s.24MD compliance have succeeded in NNTT inquiries (e.g. expedited procedures disputes).
Easement grants (s.144) face opposition: Santos v Western Australia [2010] NNTTA 49 considered overlaps with mining tenements (s.90). Reserve changes (s.42) require parliamentary scrutiny (s.43), leading to debates over class A reductions for infrastructure (Conservation Council of WA Inc v Minister for the Environment [2012] WASC 83, though on related EP Act issues).
Controversies include pastoral lease extensions (s.105A, post-2023): critics argue insufficient environmental safeguards despite accreditation (s.100C). 2023 rent reforms faced industry pushback for potential increases, balanced by phasing (s.124A). GOTCHAs section below details hidden pitfalls.
No major High Court challenges directly on the Act post-2023, but ongoing SAT matters on compensation (e.g. injurious affection under s.241(6)) and forfeiture appeals.
Gotchas
Most practitioners miss that s.3(3)-(5) deems land below high water mark as Crown land, even if "inundated" by works—preventing adverse possession claims (s.265 excludes UK Prescription Act). A hidden trap: conditional fee simple under s.75(1) cannot be subdivided except by leasehold scheme (s.75(3A)), with strata leases invalid if inconsistent (s.75(3B)(a)); breaches trigger automatic forfeiture risk without notice if not cured (s.35(4B) for schemes).
Pastoral lessees often overlook s.108C monitoring directions, carrying $15,000 false information penalties (s.108C(6)), or that soil notices suspend permits/rent adjustments (s.112). Diversification leases (Part 6A) are non-exclusive (s.92D), so mining tenements prevail (s.90 overlap rule applies analogously), but lessees must still meet "best environmental management" (s.92F(1))—a subjective Board test with limited appeal.
Compensation "gotchas": s.241(8) allows up to 10% "solatium" for compulsory taking, but only in "exceptional circumstances" for more (rarely awarded; see SAT decisions). Native title claims (s.156) require NTA-compliant valuation, often undervalued if not separating spiritual loss (per Griffiths). If title is disputed (s.215), 60-day limit applies strictly, barring late claims (s.207(1)).
Section 18(8) exempts certain transactions from approval, but "prescribed Acts" are narrow—missing this voids dealings (s.18(6)). For reserves, class A changes need Parliament (s.43), but 5% excisions for utilities (s.42(3)(c)) bypass if under 1ha—yet management body consent is mandatory (s.46A), with compensation under s.51AA if structures lost.
Transitional Sch. 2 cl.44 validates old records as qualified titles, but unregistered pre-1998 interests may lose priority (cl.46(2)). Finally, s.264 limits Crown liability for unimproved reserves—claimants must prove direct Crown acts, a high bar post-Brock.
These subtleties justify specialist advice; most overlook how s.22 continues interests despite status changes, but excision orders extinguish unless specified (s.22(3)).
How to comply
For government/Minister: Maintain a register of all dealings (s.19); consult per ss.14, 46A before actions. For acquisitions, issue compliant NTA notices (ss.153-154), prepare taking orders with full content (s.178), and offer compensation within 90 days (s.217). Use approved forms (s.278); register all orders (s.13(1)). For pastoral, seek Board advice (s.101(4)); determine rents via Valuer-General (s.123).
For pastoral/diversification lessees: Comply with lease terms, standards (s.100B), and permits (Div.5/Part 6A). Submit returns by due date (s.113, new penalties post-2023); monitor land (s.108C if directed). Keep improvements in good repair (s.107); obtain permits for clearing/sowing (ss.118-119). For rent, object via s.126 within time. To extend (s.105A), demonstrate compliance/certification. Avoid non-pastoral use without permit (s.106, $20,000 fine).
For developers/acquirers: Seek s.18 approval for dealings; register caveats early (s.20). In acquisitions, respond to notices (s.170) with objections (s.175, 60 days). Claim compensation fully (s.211, with evidence); negotiate non-monetary (s.212). For easements, obtain consents (s.144(1)).
General compliance steps:
Check status via certificates of Crown land title (s.29).
Consult affected parties (e.g. local government, s.14).
Document all improvements (valued per s.260 for s.35/92).
Use TLA for registration (s.19); lodge plans approved by authorised officers (s.32).
For reserves, prepare management plans (s.49).
In disputes, use SAT for compensation (s.224) or Governor appeals (Part 3, 30 days).
Retain records for transitional claims (Sch. 2-3).
Non-compliance risks void transactions (s.18(6)), forfeiture (s.35), or offences (Part 11). Engage surveyors early (s.30); budget for compensation/interest (s.241(10)-(11)). Post-2023, align with land condition standards (s.100A) for accreditation benefits (s.105A(3)). Always verify with current regulations (s.275) and seek legal advice for complex takings.