Land Administration Act 1997 (Western Australia) — Zoe

Western Australia act

Land Administration Act 1997

In ForceWA

Jurisdiction

Western Australia

Collection

act

Plain English Summary

9/10 complexity

This law sets the rules for managing state-owned land (called Crown land) in Western Australia. It explains how the government can sell, lease, reserve, or develop this land for things like roads, parks, farms, or public projects. It also covers when the government can take private land for public use (compulsory acquisition) and how to pay fair compensation.

Key parts include: rules for creating reserves (protected areas, some extra-protected as 'class A'); managing roads and public access routes; special rules for big grazing leases (pastoral leases) to prevent overgrazing and protect the environment; options for 'diversification leases' allowing varied land uses; and strong protections for Aboriginal rights to access land and for native title during land dealings.

It affects farmers, miners, local councils, developers, and anyone using or buying government land. It matters because it balances economic development, environmental care, public access, and Indigenous rights while preventing misuse of public land. Terms like 'Crown land' just mean land not privately owned; 'easements' are rights to cross land for utilities or paths.

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Deep Dive

2,642 words · generated 24/04/2026

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).

Current sections

Direct links to the current provisions in Land Administration Act 1997.

Authorised Version

The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.

View on official register

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

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).

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.