Reserves Act 2025

The Act deploys a small set of statutory concepts whose legal operation depends on cross-reference to the Land Administration Act 1997, the Conservation and Land Management Act 1984 and the Deposited Plan system.

Reserve redesignation and redescription. The Act uses statutory redescription to change the legal identity of reserves through precise lot and Deposited Plan references. Sections 6 and 7 use the language “redescribed under” specific Parts of the relevant Acts: timber reserve 145/25 is redescribed under the Conservation and Land Management Act 1984 Part II (s 6); reserve 18534 is redescribed under the Land Administration Act 1997 Part 4 (s 7). That language indicates the Act effects boundary and content changes by direct legislative amendment, rather than by a separate administrative order, and relies on Deposited Plans (see definition of Deposited Plan at s 4(1)).

Excision. Section 9 operates by excision, removing defined lots from named reserves. The mechanical outcome of excision in this Act is confined to the textual change: a reserve “is amended by excising the land comprising” the named lots. The Act does not state within those provisions how the excised land is to be reallocated, transferred or vested. The immediate legal operation is the removal from the reserve record of the specified lots.

Classification and purpose change. The Act changes both classification (class A status) and reserved purpose. Section 10 classifies reserve 5225 as a class A reserve. Section 11 changes purposes for several class A reserves; in some instances the reserve also ceases to be class A (s 11(2)(b)). The Act therefore modifies two attributes that determine both the legal protections attaching to the land and the statutory procedures required for future changes under the Land Administration Act 1997.

Registrar’s registration obligation and treatment as Ministerial order. Section 5 imposes a positive duty on the Registrar of Titles to “take all necessary measures to register the amendments effected by this Act” (s 5(1)). Section 5(2) provides that, for those purposes, the Act may be treated as if it were an order made by the Minister for Environment under CLM Act or by the Minister for Lands under LAA Part 4. That provision creates a statutory mechanism to flow these amendments into the land titles and reserve records without separate ministerial instruments.

Cross‑act definitions and binding Crown. Section 4 imports meanings from other Acts and defines key terms including Authority (the Western Australian Land Information Authority), the Conservation and Parks Commission, Deposited Plan, lot, national park, conservation park and timber reserve. Section 4(2) expressly provides that terms defined in the Land Administration Act 1997 s 3(1) retain the same meaning in this Act. Section 3 states the Act binds the Crown in right of Western Australia and, subject to constitutional limits, in its other capacities.

Consequential amendment. Section 12 deletes section 22 of the Reserves Act 2004. The Act does not reproduce section 22, so readers must inspect the Reserves (National Parks, Conservation Parks, Nature Reserves and Other Reserves) Act 2004 to determine the substantive effect of that deletion.

Deposited Plans and authorised land officers. The definition of Deposited Plan or DP at s 4(1) requires that a DP be lodged with the Authority and be approved by an authorised land officer. The Act therefore depends on the operational processes of the Authority and authorised officers to produce the cadastral instruments that give effect to the redescription and excision exercises.

Primary public actors. The Act principally affects government land administration agencies and statutory authorities charged with reserve management. The Registrar of Titles is given an express statutory duty to register the statutory amendments (s 5(1)). The Western Australian Land Information Authority (Authority) appears in the defined terms (s 4(1)) and is the statutory repository for Deposited Plans used in the redescription and excision processes. The Conservation and Parks Commission is explicitly given care, control and management of the new class A reserve (s 8(3)), and the Minister for Environment and the Minister for Lands are referenced as the relevant ministerial decision‑making heads whose orders the Registrar may treat the Act as substituting for (s 5(2)).

Owners and occupiers of excised lots. The Act excises named lots from reserves (s 9). The immediate legal effect in the Act is removal of those lots from the reserve records; the Act does not itself specify subsequent tenure, vesting, sale, transfer, or disposition. That omission means the Act changes only the reserve status of the identified lots; any third party with an interest in an excised lot must look to other instruments or subsequent administrative actions for changes in ownership or other rights. The text does not identify or name private persons, local governments or other non‑state holders as recipients or beneficiaries of excisions or transfers.

Reserve managers and users. Changes to classification and purpose (s 10, s 11), and the creation and classification of a new class A conservation park (s 8(2)-(3)), alter which statutory constraints and management regimes apply. Entities that interact with those reserves, such as commercial users, local governments, recreational groups, or utilities, will be affected to the extent the change in status modifies permitted uses; the Act itself specifies only the new reserved purpose language, not operational rules or access regimes.

The Crown. Section 3 reiterates the Act binds the Crown in right of Western Australia and, as the Parliament’s power permits, the Crown in other capacities. The Crown therefore is both subject to the changes and the primary actor implementing them. The Act places administrative duties on Crown officers (Registrar), and vests management functions in a Crown statutory body (Conservation and Parks Commission).

Other statutes and their administrators. Because the Act cross‑references the Land Administration Act 1997 and the Conservation and Land Management Act 1984 for definitions, classification and the legal form of redescription and reservation, administrators under those Acts will be affected. Section 5(2) explicitly allows treatment of the Act as if it were an order by relevant Ministers under those Acts, thereby integrating the changes into the administrative frameworks those statutes establish.

Stakeholders not named. The Act does not identify indigenous land councils, applicants for leases, private purchasers, pastoral leaseholders, or lessees of reserve land. Where class A reserves are re‑purposed or cease to be class A (s 11(2)), affected stakeholders must rely on other processes in the Land Administration Act 1997 or the Conservation and Land Management Act 1984 for consultation, compensation or rights; this Act does not itself set out those processes.

Registrar of Titles , duty to register. Section 5(1) imposes a mandatory duty: the Registrar of Titles must take all necessary measures to register the amendments effected by this Act. The duty is broad and operational: registration of changes to reserve boundaries and classifications is an administrative obligation squarely placed on the Registrar.

Registrar’s treatment of the Act as Ministerial order. Section 5(2) permits the Registrar, for the purposes of complying with s 5(1), to treat the Act as if it were an order made by either the Minister for Environment under the Conservation and Land Management Act 1984 or the Minister for Lands under Part 4 of the Land Administration Act 1997. That provision effectively creates a statutory shortcut, enabling the Registrar to effect title and record changes without separate ministerial instruments, by treating the Act itself as the authorising order.

Authority/Deposited Plans , process requirement. The definition of Deposited Plan or DP in s 4(1) requires that any DP be lodged with the Authority and approved by an authorised land officer. This imposes an administrative precondition on the cadastral instruments the Act relies on. The Act therefore confers rights on the Authority to receive and validate Deposited Plans, and imposes an implied duty on authorised land officers to approve or otherwise engage with those DPs according to their statutory functions.

Conservation and Parks Commission , care, control and management. Section 8(3) places the care, control and management of the newly established class A reserve 54509 with the Conservation and Parks Commission under the Land Administration Act 1997 Part 4. That confers on the Commission the statutory responsibilities and powers that accompany management of a class A reserve under Part 4; the Act incorporates those existing statutory consequences by cross‑reference.

Change of classification and purposes , statutory consequences. Sections 10 and 11 change classifications and purposes for specified reserves. The legal rights and duties that attach to a reserve are largely determined by its classification and purpose under the Land Administration Act 1997 and the Conservation and Land Management Act 1984. By altering those attributes, the Act changes the legal framework that governs permitted uses, management obligations, and the statutory safeguard for future changes (for example, class A reserves generally attract stronger procedural protections under Part 4). The Act itself does not restate those consequences; it operates by changing the statutory label and purpose that other Acts enforce.

Binding Crown. Section 3 establishes that the Act binds the Crown. This both imposes duties on government actors to comply with the Act and clarifies that Crown ownership or other capacities are not excepted from the changes the Act effects, subject to constitutional limits.

Deletion of section in another Act. Section 12(2) deletes s 22 of the Reserves (National Parks, Conservation Parks, Nature Reserves and Other Reserves) Act 2004. The Act thereby creates a statutory right or removes a right or procedure previously provided in that section; the precise consequences require inspection of the deleted provision in the 2004 Act.

No specific monetary duties, fees or compensation. The Act does not create express monetary obligations, compensation payments, fee waivers, or transfer payments. The Act also does not specify how costs of registration or administrative implementation are to be funded. Those operational matters remain with the agencies charged with implementation and budgeting.

Statute text and enforcement gaps. The Reserves Act 2025, as enacted, does not create new criminal offences, penalties, infringement notices or monetary fines. The Act’s operative content is primarily declaratory and administrative: redescriptions, excisions, classifications, care and management transfers, and an instruction to the Registrar of Titles to register the textual amendments (see ss 5-11). The Act does not itself include enforcement provisions or penalties governing misuse of reserve land, breaches of management obligations, or non‑compliance with the new classifications.

Enforcement by reference to other Acts. Because the Act changes reserve classification and purpose and places management with the Conservation and Parks Commission (s 8(3)), enforcement of management obligations, permitted uses and breaches will fall under the enforcement regimes in the Land Administration Act 1997 and the Conservation and Land Management Act 1984 as those Acts apply to reserves and conservation parks. The Reserves Act 2025 does not restate those enforcement regimes; it relies on existing statutory frameworks in the referenced Acts to provide sanctions and compliance mechanisms.

Registrar’s duty and administrative remedies. Section 5(1) imposes a statutory duty on the Registrar to take necessary measures to register amendments. The Act does not specify remedies should the Registrar fail to perform that duty; statutory and administrative law principles, and the powers and remedies available under the Land Titles or Public Sector governance statutes, would govern enforcement of that duty. The Act does not create express private rights of action, nor does it specify time limits or procedures for judicial review of registration decisions stemming from the Act.

Consequential deletion of s 22 in the 2004 Act. Section 12 deletes section 22 of the 2004 Act. If s 22 previously provided procedural or enforcement mechanisms, their deletion will have enforcement consequences. The Act does not reproduce s 22, so determining the impact on enforcement requires reference to the 2004 Act as amended.

No express transitional sanctions. The Act amends and excises lots and changes classifications on specified commencement dates (s 2 and compilation table). It does not include transitional penalty provisions for pre‑commencement conduct, nor does it set out penalties for contravening new purposes that take effect on the commencement dates. Enforcement of conduct inconsistent with new reserve purposes will therefore rely on the general enforcement regimes in the Land Administration Act or Conservation and Land Management Act as those statutes apply once the changes are registered.

Cross‑reference architecture. The Act repeatedly cross‑references the Land Administration Act 1997 and the Conservation and Land Management Act 1984. Core operations are performed “under” or “as specified by” Parts of those Acts: s 6 redescribes a timber reserve under CLM Act Part II; s 7 redescribes reserve 18534 under Land Administration Act Part 4; s 8 reserves new land under Land Administration Act Part 4 and places management under the Commission pursuant to Part 4; s 10 and s 11 make classification and purpose changes under Land Administration Act Part 4. Section 4(2) expressly imports meanings from the Land Administration Act 1997 s 3(1). These cross‑references mean that the practical legal effects of each change are filtered through the procedural and substantive rules in those Acts.

Registrar’s concession to ministerial orders. Section 5(2) authorises the Registrar to treat this Act, for registration purposes, as if it were an order of the Minister for Environment under the CLM Act or of the Minister for Lands under LAA Part 4. That creates procedural alignment with the ministerial order frameworks in those Acts and integrates the legislative amendment into the administrative record through the Registrar’s operations.

Dependence on Deposited Plans and Authority processes. The definition of Deposited Plan in s 4(1) requires lodging with the Authority and approval by an authorised land officer. This ties the statutory changes to the cadastral and survey processes governed by the Land Information Authority Act 2006 and the operational functions of the Authority. The Authority’s procedural rules and the practices of authorised land officers will therefore determine how quickly and in what form the statutory changes appear on the cadastral record.

Consequential amendment of the Reserves Act 2004. Section 12 deletes s 22 of the Reserves (National Parks, Conservation Parks, Nature Reserves and Other Reserves) Act 2004. The deletion is a direct textual interaction that may alter procedural or substantive entitlements that previously flowed from that provision. The Act does not restate s 22, so to assess downstream legal effects one must compare the pre‑ and post‑deletion texts of the 2004 Act.

Binding the Crown; constitutional limits. Section 3 binds the Crown in right of Western Australia and, so far as the Parliament’s legislative power permits, the Crown in other capacities. This maintains the usual principle that legislation binds Crown entities, subject to constitutional constraints. The Act therefore interacts with Crown property rights and administrative duties.

No express override of other Acts. The Act does not include a specific provision stating that it overrides particular provisions of other Acts. Its operative mechanism is to amend the legal status of particular reserves and to rely on existing procedures under the referenced Acts to govern the consequences. Therefore, the interaction is primarily one of amendment and integration rather than explicit statutory priority.

No change to compensation or vesting rules specified. The Act excises land from reserves and changes purposes and classifications, but it does not specify any compensation, vesting, sale, or transfer mechanisms within its text. Consequently, interaction with other Acts that regulate acquisition, compensation or disposal of Crown land will be shaped by their existing provisions rather than by this Act’s wording.

Act and commencement timetable. The Act is the Reserves Act 2025. Section 1 states the short title. Section 2 sets a staged commencement: ss 1 and 2 on the day of Royal Assent; ss 6-8 on the day after assent; the remainder on days fixed by proclamation, with different days permissible for different provisions (s 2). The compilation table records the actual commencement dates: s 1 and 2 commenced 25 September 2025; s 6-8 commenced 26 September 2025; ss 3-5 and 12 commenced 3 October 2025; ss 9-11 commenced 19 March 2026. Those dates are in the compilation table at the end of the Act.

Amendments to other legislation. Section 12 is a consequential amendment: it amends the Reserves (National Parks, Conservation Parks, Nature Reserves and Other Reserves) Act 2004 by deleting section 22. The Act does not reproduce the deleted text, nor does it provide a note explaining the substantive effect. To understand the legislative effect of that deletion, one must consult the 2004 Act as it stood before the deletion and after the deletion.

No subsequent amendments recorded in the Act text. The Act as supplied includes a note that it is a compilation and includes amendments made by other written laws, but the compilation table lists only the Reserves Act 2025 itself and the dates above. The text does not record any further amendments to the 2025 Act beyond those enacted within this instrument.

No repeals of large provisions. The Act effects targeted changes: redescriptions, excisions, cancellations, classification and purpose changes, and the deletion of a single section in the 2004 Act. It does not repeal entire Parts of other statutes or abolish statutory offices. It leaves the core frameworks of the Land Administration Act 1997 and the Conservation and Land Management Act 1984 intact.

Defined terms and preservation of meanings. Section 4(2) preserves the meanings of terms given in the Land Administration Act 1997 s 3(1) for use in this Act. That preserves continuity in statutory language and avoids creating divergent definitions that could complicate later amendment.

Compilations and licensing. The Act includes a compilation table and a note identifying it as a compilation. The footer states © State of Western Australia 2026 and that the work is licensed under CC BY 4.0. Those are editorial and access details rather than substantive amendments, but they are part of the published compilation.

Statutory text contains no cases or litigation record. The Reserves Act 2025 does not cite any judicial decisions, nor does it contain a litigation history or references to court proceedings. The Act is a legislative instrument effecting administrative boundary and classification changes; the text itself provides no account of disputes, court challenges or rulings related to its provisions.

No judicially declared operation recorded in the text. The Act contains no sections that report past judicial determinations about the reserves or the statutory provisions it amends. It does not include transitional court orders or references to litigation settlements.

Potential for future litigation implied by administrative changes. The Act changes reserve classification, excises lots and cancels a timber reserve. Those sorts of statutory alterations can, in practice, generate administrative or judicial review litigation concerning procedural fairness, the validity of the instruments relied on, or the sufficiency of consultation, where parties base claims on other statutes. The Act itself does not set out any contentious procedures, nor does it provide statutory mechanisms for resolving disputes arising from its amendments. Any litigation arising from these changes would be litigated under the general body of administrative law and the appeal and review provisions of the Land Administration Act 1997 or the Conservation and Land Management Act 1984. The Act contains no express privative clause or ouster of judicial review.

No recorded challenges in the compilation table. The compilation table lists the Act’s assent and commencement milestones, but contains no entries recording subsequent amendments or litigated modifications to the Act. The Act’s text therefore records no litigation that has altered its operation to date.

Reader responsibilities. To determine whether any litigation has arisen since the Act’s compilation, users must consult external judicial databases and the current statutes, as the Act itself contains no litigation history or case law citations.

Specified lots are removed from reserves but the Act does not state subsequent tenure. Sections 9(1) and 9(2) excise named lots from listed reserves. The Act’s instruction is to amend reserve records by excision; it does not specify whether the excised lots become freehold, unallocated Crown land, are vested in another entity, offered for sale or held for another purpose. Practitioners must not assume the excision equals transfer to a particular party; one must trace subsequent administrative action or separate statutory instruments to determine post‑excision tenure.

Registrar’s broad duty but no funding or performance timeline. Section 5(1) requires the Registrar of Titles to take all necessary measures to register the amendments. The Act does not specify a timeframe, priority, or funding source for that duty. Practically, registration will depend on the Registrar’s operational capacity and on the lodgement and approval of the Deposited Plans the Act references. The Act gives no express right of action for third parties to compel registration within a specific period.

Section 5(2) permits treating this Act as if it were a Ministerial order. While that facilitates registration, it also alters the usual administrative record‑keeping path by substituting a legislative enactment for a ministerial instrument. Practitioners should note that any procedural or consultation steps normally attached to a ministerial order under the CLM Act or LAA may not be replicated by the Act itself; one must check those statutes to see whether their requirements are fully engaged when the Registrar “treats” the Act as an order.

Class A status removed for some reserves without specifying transitional protections. Section 11(2) changes the purpose for specified class A reserves and states that the reserve ceases to be class A. Class A classification under the Land Administration Act 1997 typically involves enhanced procedural protections for future changes; removing class A status therefore alters the statutory protection landscape. The Act does not spell out transitional arrangements, compensation, or notice requirements that might attach to the change in status. Check the Land Administration Act for any continuing procedural obligations and whether those were satisfied prior to this Act’s amendments.

Deletion of s 22 of the 2004 Act without context. Section 12 deletes s 22 of the Reserves Act 2004 but the Act does not include s 22 or an explanatory note detailing the deletion’s practical consequence. Practitioners should consult the 2004 Act to identify what was removed and whether that deletion removes or alters a right, duty or procedural requirement critical to reserve administration.

Multiple commencement dates. Different provisions commenced at different times (s 2 and the compilation table). Parts of the Act affecting the same reserve may have come into effect on different days. Readers must check the compilation table and commencement dates to verify which provisions were in force at relevant times when advising clients.

Defined terms import external definitions. Section 4(2) gives terms the same meaning as in the Land Administration Act 1997 s 3(1). If a practitioner assumes a plain English meaning for "lot", "reserve" or other terms, they should instead consult the LAA definitions to avoid misinterpretation.

No express compensation or vesting mechanism. Where the Act reduces reserve land or alters purposes, it does not provide a statutory compensation mechanism. If a party claims an expectation or loss arising from the change, relief would need to be sourced from other statutes or the general law. The Act does not address indemnity, acquisition compensation or commercial disposal protocols.

Reliance on Deposited Plans and authorised land officers. The Act’s cadastral changes depend on DPs lodged with the Authority and approved by authorised land officers (s 4(1)). If DPs are not properly prepared, approved or lodged, registration may be delayed. Resolution of any disputes over surveys or DP approval will occur in the administrative channels of the Authority and potentially in court.

Registrar and Title Office actions. The Registrar of Titles must “take all necessary measures to register the amendments effected by this Act” (s 5(1)). The practical compliance checklist for the Registrar and Titles Office includes: accepting and registering Deposited Plans for the lots and DPs referenced in ss 6-9; updating the titles register to reflect cancellations, redescriptions, excisions, and classification changes; and recording the transfer of care, control and management of class A reserve 54509 to the Conservation and Parks Commission (s 8(3)). Section 5(2) allows the Registrar to treat the Act as if it were an appropriate ministerial order for registration purposes; the Registrar should document use of that provision and the basis for treating the Act as a substitute order to ensure a clear administrative trail.

Deposited Plans and Authority requirements. Any person preparing cadastral instruments must ensure the relevant Deposited Plans are lodged with the Authority and approved by an authorised land officer as required by the statutory definition (s 4(1)). Practitioners preparing or reviewing DPs should confirm the DP numbers listed in the Act correspond to the plans lodged and that authorised land officers have provided the necessary approvals.

Conservation and Parks Commission management commencement. For the Conservation and Parks Commission to assume care, control and management of class A reserve 54509, administrative steps under Land Administration Act Part 4 and the Conservation and Land Management Act will need to be followed to operationalise management responsibilities. The Commission should review existing management plans, allocate resources for on‑the‑ground responsibilities, and update its register and public information to reflect the new class A reserve.

Record‑keeping and public notices. Where the Act changes classification, purpose or reserve boundaries, the relevant agencies should update public records, maps and online registries to reflect the changes. Because the Act relies on Deposited Plans lodged with the Authority, those datasets must be synchronised so that users of cadastral data, councils, utilities and land managers work from the same current records.

Interim uncertainty mitigation. Where the Act excises lots but does not specify subsequent tenure, agencies should prepare administrative guidance clarifying the current legal status of excised lots pending any further disposition. That guidance will reduce uncertainty for potential purchasers, lessees, local governments and other third parties.

Legal and procedural checks. Before completing registration, agencies should verify that the statutory language of the Act has been correctly applied to the titles and reserve records. For classification and purpose changes (s 10 and s 11), confirm the new purpose text matches the Act’s Table entries and that removal of class A status is correctly recorded where the Act so specifies.

Coordinate with Ministers and ensure transparency. Section 5(2) contemplates treating the Act as if it were a ministerial order. Agencies should ensure any ministerial offices involved are informed and that documentary evidence exists demonstrating that the Act is being relied on as the authorising instrument in place of a separate ministerial order.

Consult the Land Administration Act and CLM Act for procedural requirements. Because many operative consequences hinge on provisions in those Acts, compliance requires consulting the Land Administration Act 1997 and the Conservation and Land Management Act 1984 to identify any additional procedural steps, public consultation obligations, vesting formalities, or conditions precedent that remain applicable despite the Act’s direct amendments.

Audit trail and potential review exposure. Maintain contemporaneous records of decisions, plan approvals, registration steps and legal advice, in case of later administrative review or judicial scrutiny. The Act imposes duties and reconfigures reserve status; an evidentiary administrative record will be necessary to show compliance with both the Act and related statute regimes.

Stakeholder communications. Notify affected local government bodies, utilities, lessees, and other stakeholders that rely on reserve boundaries for planning and operations. Explicitly state what the Act has changed (lot numbers, DP references, new reserve purposes) and what remains undecided (post‑excision tenure), so commercial and planning decisions are made with correct expectations.