Housing Act 1980 (WA)

Western Australia Housing Act 1980 Western Australia Housing Act 1980 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 3. Repeal 2 4. Objects 2 5. Terms used 3 Part II — The State Housing Authority Division 1 — The Housing Authority 6. The Housing Authority 6 7. Authority a body corporate and Crown agency 6 8. Authority to be an SES organisation 7 9. Management 7 Division 2 — Powers and functions of the Authority generally 11. Authority to implement housing Acts 7 11A. Minister may give directions 8 11B. Minister to have access to information 8 12. General powers of Authority 9 12A. Joint ventures 10 13. Delegation: powers and duties generally 11 14. Advice and investigations 11 15. Applications 12 16. Assistance to and collaboration with other bodies 12 Division 3 — Staff of the Authority 17. Chief executive officer of Authority and other officers and employees 13 18. Terms and conditions of employment of wages staff 14 18A. Use of other staff and facilities 14 Part III — Acquisition, development and disposal of property Division 1 — Acquisition and development of property 19. Acquisition of land 16 20. Gifts 16 21. Powers of local government 17 22. Powers in relation to development and management of land 17 23. Power to take lease 19 24. Payment of rates to local government 20 Division 2 — Dealings with property generally 25. Power to lease 20 26. Power to sell 21 27. Power to grant easement 21 Division 3 — Letting or leasing of houses 28. Power to let or lease houses 21 29. Terms and conditions 22 30. Determination of rent 22 31. Credit of rents towards purchase price 22 Division 4 — Sale of houses and housing land 32. Application of this Division 23 33. Terms and conditions of sale 24 34. Limit on amount of unpaid purchase money 25 Part IV — Provision by the Authority of financial assistance for housing Division 1 — Loans 35. Reference to house 26 36. Loans to assist eligible persons 26 37. Loans to persons generally to purchase land from Authority 27 38. Loans to persons generally to improve houses 27 39. Method of making loan 27 40. Limit on amount to be lent 28 41. Security for repayment of loan 28 42. Interest on loans 29 43. Normal legal relationships to apply 29 44. Protection of Authority's interest 29 45. Authority to obtain reports as to expenditure of loans 30 Division 2 — Guarantees and subsidies 46. Guarantee by Authority in certain cases 30 47. Payment of subsidies on account of loans made to eligible persons 31 Part V — Arrangements and agreements as to housing finance Division 1 — Arrangements with the Commonwealth 48. Terms used 32 49. Financial assistance from Commonwealth: powers of Minister and Authority 32 50. Housing assistance under agreements 33 51. Regulations as to administration of agreements 34 Division 2 — Agreements with lending institutions 52. Terms used and effect 34 53. Power to make loan agreements 35 54. Terms and conditions of agreement 35 55. Floating security and charge 36 56. Lending institution may give securities 38 57. Property and assets of lending institution may be released 38 58. Power of inspection of affairs of lending institution 39 59. Special powers of lending institutions to make advances of moneys, other than by way of mortgage 39 Part VI — Specialized housing and community facilities 60. Authority may provide specialized housing 41 61. Community facilities 42 Part VIIA — Housing on Aboriginal land Division 1 — Preliminary matters 62A. Terms used 44 Division 2 — Housing management agreements 62B. Authority may enter into housing management agreement 45 62C. Wishes of Aboriginal inhabitants to be ascertained 45 62D. Lots and houses to which housing management agreement applies 46 62E. Rent for nominated lots and nominated houses 46 62F. Other terms of housing management agreement 47 62G. Application of Residential Tenancies Act 1987 48 62H. No interest in land created, property acquired or compensation payable 48 62I. No fees or charges payable in respect of housing management agreement 49 62J. Authority may act through agent 49 62K. Delegation: powers and duties in relation to housing management agreement 50 Division 3 — Miscellaneous matters 62L. Approval of Minister for Indigenous Affairs, AAPA or ALT not required 50 62M. Application of Land Administration Act 1997 51 Part VII — Finance 62. Funds 52 63. Power to raise money 53 64. Provisions as to debentures and inscribed stock 55 65. Application of Financial Management Act 2006 and Auditor General Act 2006 56 Part VIII — Miscellaneous 68. Power to extend time 57 69. Protection from personal liability 57 70. Regulations generally 57 71. Regulations as to fees 58 72. Payment of fees and duties 59 73. Addition of certain amounts to balance of contract price or loan 59 Part IX — Saving and transitional provisions 74. Continuity of status and operation 60 75. Membership of Commission 60 76. Continuation of provisions relating to earlier Acts and bodies 61 77. Contracts of sale, mortgages and tenancies 61 78. Perpetual leases 62 79. References 62 80. Construction 62 Notes Compilation table 63 Defined terms Western Australia Housing Act 1980 An Act relating to housing, to make better provision for housing and improving housing standards and conditions in the State, to encourage the use, development and redevelopment of land for housing and related purposes, to enable the carrying out of agreements and arrangements with respect to housing, to provide for the Housing Authority by merging the Government Employees' Housing Authority into The State Housing Commission and for other purposes. [Long title amended: No. 28 of 2006 s. 310.] Part I — Preliminary 1. Short title This Act may be cited as the Housing Act 1980 1. 2. Commencement This Act shall come into operation on a day to be fixed by proclamation 1. 3. Repeal The State Housing Act 1946 is hereby repealed. 4. Objects The objects of this Act are — (a) the improvement of existing housing conditions; (b) the provision of housing and land for housing; (ca) the letting and leasing of houses, the provision of services relating to the letting and leasing of houses and the entry into arrangements for the provision of such services; (c) the provision of assistance to enable persons to obtain accommodation or improve the standard of their accommodation; (d) the encouragement of and participation in the development and redevelopment of land for housing and related purposes; (e) the carrying into effect of agreements and arrangements entered into with the Commonwealth with respect to housing. [Section 4 amended: No. 6 of 2010 s. 4.] 5. Terms used (1) In this Act unless the contrary intention appears — Account means the Housing Authority Account referred to in section 62; approved form means a form approved by the Minister; Authority means the Housing Authority referred to in section 6(4); Crown land has the meaning given in the Land Administration Act 1997 section 3(1); house means any building (including any single, attached or multi‑storey dwelling unit, tent, edifice, structure or erection (whether temporary or permanent)) or any part thereof which or any part of which has been used or is used or is intended to be used as a dwelling, and includes outbuildings, fences, walls and permanent provision for lighting, heating, water supply, drainage and sewerage and other appurtenances of a house, and any shop, or business premises being a portion of or attached to a house; land includes any estate or interest in land and any easement, right or privilege in, over or affecting land and any building or other structure or improvements on land; loan includes a part of a loan; mortgage means any deed, memorandum of mortgage, instrument or agreement whereby security for repayment of advances or payment of moneys together with interest (if any) thereon, is made in favour of the Authority over real or personal property or any estate or interest therein; officer of the Authority means — (a) the chief executive officer of the Authority; and (b) an officer referred to in section 17(1)(b); and (c) an officer or employee referred to in section 18A(1) whose services the Authority is making use of; owner in relation to land means the person for the time being entitled to receive the rent of the land or premises in connection with which the word is used (whether on his own account or as the agent of or trustee for any other person) or who would be entitled to receive the rent if the land or premises were let at a rent and includes the person who is purchasing land on terms or deferred payments; public authority means a department, instrumentality or agency of the Crown in right of the State or the Commonwealth, a local government and any other person or body, whether corporate or not, who or which under the authority of any Act is charged with the carrying out of any duty whilst acting in the discharge of that duty; purchase includes to acquire by way of exchange; repealed Act means the Act repealed by section 3; section means section of this Act; sell includes to dispose of by way of exchange; street includes any street, road, footway, square, court, alley or right of way whether a thoroughfare or not; subsection means subsection of the section in which the term is used; tenancy agreement includes a lease or agreement to lease, and includes any instrument under which any person derives title under the original tenant; tenant includes lessee, and includes any person deriving title under the original tenant; Treasurer means Treasurer of the State. (1A) In this Act unless the contrary intention appears — (a) a reference to the erection of a house or other building includes a reference to the conversion or modification of an existing building; (b) a reference to the family of a person is a reference to the spouse, de facto partner and children of, and the parents or other relatives dependent upon, that person; (c) a reference to land held by the Authority is a reference to any land — (i) vested in or granted to the Authority; or (ii) reserved for the use and requirements of the Authority or for the purposes of this Act; or (iii) purchased or otherwise acquired by the Authority; or (iv) donated, given, devised or bequeathed to the Authority; (d) a reference to a house or other building held by the Authority is a reference to a house or other building situated on land held by the Authority. (2) A reference in a provision of this Act to an eligible person is a reference to a person who satisfies the conditions of eligibility from time to time determined by the Authority and approved by the Minister for the purposes of that provision. (3) The conditions of eligibility mentioned in subsection (2) shall be determined and approved by reference to income criteria and, without limiting the generality of the foregoing, may provide for the incomes of more than one member of a household to be taken into consideration. [Section 5 amended: No. 14 of 1996 s. 4; No. 28 of 2003 s. 84; No. 28 of 2006 s. 311 and 332; No. 77 of 2006 Sch. 1 cl. 87(1); No. 46 of 2009 s. 17; No. 6 of 2010 s. 5; No. 19 of 2010 s. 51; No. 19 of 2016 s. 101 and 295.] Part II — The State Housing Authority 2 [Heading amended: No. 28 of 2006 s. 312.] Division 1 — The Housing Authority [Heading inserted: No. 28 of 2006 s. 313.] 6. The Housing Authority (1) The body corporate constituted under the repealed Act by the name "The State Housing Commission" is preserved and continues in existence for the purposes of this Act as a body corporate retaining the same corporate identity. (2) At the merger time the former body merges into The State Housing Commission. (3) The State Housing Commission, as renamed by subsection (4), is a continuation of the former body. (4) Immediately after the merger time The State Housing Commission is renamed as the Housing Authority. (5) In this section — former body means the Government Employees' Housing Authority established by section 8 of the Government Employees' Housing Act 1964 as in force before the merger time; merger time means the time at which section 314 of the Machinery of Government (Miscellaneous Amendments) Act 2006 comes into operation 1. [Section 6 amended: No. 28 of 2006 s. 314 and 332; No. 17 of 2014 s. 26.] 7. Authority a body corporate and Crown agency (1) The Authority — (a) is a body corporate with perpetual succession and a common seal; and (b) is capable in law in its corporate name of suing and being sued. (2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority or the former body (within the meaning of section 6) affixed to any document and shall presume that it was duly affixed. (3) The Authority is an agent of the Crown in right of the State. [Section 7 amended: No. 28 of 2006 s. 315 and 332.] 8. Authority to be an SES organisation The Authority is to be an SES organisation under the Public Sector Management Act 1994. [Section 8 inserted: No. 28 of 2006 s. 316.] 9. Management (1) The Authority is to be governed by its chief executive officer. (2) The chief executive officer, in the name of the Authority, is to perform the functions of the Authority under this Act or any other written law. [Section 9 inserted: No. 28 of 2006 s. 316.] [10. Deleted: No. 28 of 2006 s. 316.] Division 2 — Powers and functions of the Authority generally [Heading amended: No. 28 of 2006 s. 317.] 11. Authority to implement housing Acts (1) Subject to the control and direction of the Minister the Authority shall be responsible for the implementation of the provisions of this Act and the Government Employees' Housing Act 1964. [(2) deleted] [Section 11 amended: No. 41 of 1996 s. 3; No. 28 of 2006 s. 318 and 332.] 11A. Minister may give directions (1) The Minister may give written directions to the Authority with respect to the performance of its functions under this or any other Act, either generally or in relation to a particular matter, and the Authority is to give effect to any such direction. (2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given. (3) If — (a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. (4) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (5) The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. (6) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Authority under Part 5 of the Financial Management Act 2006. [Section 11A inserted: No. 28 of 2006 s. 319; amended: No. 77 of 2006 Sch. 1 cl. 87(2).] 11B. Minister to have access to information (1) The Minister is entitled — (a) to have information in the possession of the Authority; and (b) if the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Authority to furnish information to the Minister; (b) request the Authority to give the Minister access to information; (c) for the purposes of paragraph (b) make use of the staff of the Authority to obtain the information and furnish it to the Minister. (3) The Authority has to comply with a request under subsection (2) and make staff and facilities available to the Minister for obtaining information under subsection (2)(c). (4) In this section — document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Authority under this or any other Act. [Section 11B inserted: No. 28 of 2006 s. 319.] 12. General powers of Authority Subject to and for the purposes of this Act and the Government Employees' Housing Act 1964 the Authority — (a) has and may exercise all the powers, privileges, rights and remedies of the Crown; and (b) has and may exercise all such powers, authorities and discretions, and may do all such acts and things, as a private person in the State has or may exercise or do, and the Authority generally may do whatever it deems necessary in connection with or incidental to the functions conferred upon it; and in particular, without limiting the generality of the foregoing — (c) has power to acquire, hold, maintain, improve, exchange, lease and dispose of real and personal property; and (d) has power to borrow and lend money; and (e) has power to give guarantees, indemnities and undertakings whether in respect of the payment or repayment of moneys, the performance of obligations, or otherwise. [Section 12 amended: No. 28 of 2006 s. 320 and 332.] 12A. Joint ventures (1) To further the objects of this Act or the Government Employees' Housing Act 1964, subject to subsection (3), the Authority may enter into a joint venture arrangement. (2) Without limiting the powers that the Authority may exercise under either of those Acts for the purposes of participating in and giving effect to a joint venture arrangement relating to a project, the Authority may — (a) seek and maintain appropriate representation on a board or other body having responsibility for carrying out, managing or controlling the project; and (b) subject to any contract relating to the project — (i) receive contributions or other moneys relating to the project; and (ii) disburse or distribute, or arrange for the disbursement or distribution of, those contributions or other moneys. (3) The Authority can only enter into a joint venture arrangement — (a) with the approval of the Minister; and (b) on terms and conditions approved by the Treasurer. [Section 12A inserted: No. 6 of 2010 s. 6.] 13. Delegation: powers and duties generally (1) The Authority may delegate under this section to an officer of the Authority — (a) any power or duty of the Authority under this Act, except a power or duty referred to in section 62K(1); or (b) any power or duty of the Authority under the Government Employees' Housing Act 1964. (2) The delegation must be in writing executed by the Authority. (3) An officer to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) An officer exercising or performing a power or duty that has been delegated to the officer under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) This section does not limit the ability of the Authority to perform a function through an officer of the Authority or an agent. [Section 13 inserted: No. 6 of 2010 s. 7.] 14. Advice and investigations (1) The Authority shall — (a) advise the Minister on matters connected with this Act generally; (b) make or cause to be made any inquiry, investigation or report required by this Act, or any inquiry, investigation or report which the Minister may think necessary or expedient. (2) The Authority may carry out or cause to be carried out all such surveys, investigations and valuations as may be necessary or expedient for the purposes of this Act or incidental to its functions under this Act. (3) The Authority shall also have such advisory powers as may from time to time be prescribed, and such other powers as may be imposed by the Minister on the Authority. [Section 14 amended: No. 28 of 2006 s. 332.] 15. Applications (1) The Authority shall deal with applications for housing or financial assistance for housing made under this Act or under any other Act or law in relation to housing that is administered by the Authority. (2) For the purpose of performing the duties mentioned in subsection (1) the Authority shall, subject to the Act or law concerned, have power and authority — (a) to inquire into and consider applications; (b) to require any further or other information in respect of any application; (c) to require any information provided in, or in respect of, an application to be verified by statutory declaration; (d) to approve of any application (either wholly or in part); (e) to refuse any application. [Section 15 amended: No. 28 of 2006 s. 332.] 16. Assistance to and collaboration with other bodies (1) Subject to subsection (2) the Authority may give such assistance as it thinks fit to enable or assist — (a) any public authority; or (b) any person approved by the Minister, to engage in any activity related to the objects of this Act or the Government Employees' Housing Act 1964 and may seek and maintain appropriate representation on the board or other governing authority of any body corporate to which such assistance is given. (2) The Authority shall not give assistance under subsection (1) by way of — (a) granting financial aid or enabling financial aid to be obtained; or (b) making available the services of any officer or employee of the Authority; or (c) making available any facilities of the Authority, except with the consent of the Minister. (3) The Authority may, with the consent of the Minister, in respect of the performance of any of its functions — (a) engage consultants having relevant qualifications or experience; (b) consult or collaborate with other bodies or persons having interests or functions similar or related to those of the Authority. [Section 16 amended: No. 28 of 2006 s. 323 and 332.] Division 3 — Staff of the Authority [Heading amended: No. 28 of 2006 s. 324.] 17. Chief executive officer of Authority and other officers and employees (1) To enable the Authority to exercise and perform the powers, functions and duties conferred on it by or under this Act or any other Act — (a) there shall be a chief executive officer of the Authority who shall be appointed, under and subject to Part 3 of the Public Sector Management Act 1994; (b) there shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994, such officers as the Authority considers necessary; (c) the Authority may employ such wages staff as it considers necessary. (2) The chief executive officer of the Authority cannot be excluded from the Senior Executive Service under section 43(3) of the Public Sector Management Act 1994. (3) The chief executive officer is responsible for, and has the necessary powers to administer, the day to day operations of the Authority. [Section 17 amended: No. 32 of 1994 s. 19; No. 28 of 2006 s. 325 and 332.] 18. Terms and conditions of employment of wages staff (1) Subject to any relevant award or industrial agreement the terms and conditions of employment of staff employed pursuant to section 17(1)(c) shall be such terms and conditions as the Authority, after consultation with the Public Sector Commissioner, determines. (2) Part 3 of the Public Sector Management Act 1994 does not apply to or in relation to staff employed under section 17(1)(c). [Section 18 amended: No. 32 of 1994 s. 19; No. 28 of 2006 s. 332; No. 39 of 2010 s. 89.] 18A. Use of other staff and facilities (1) The Authority may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; or (b) in a State agency or instrumentality; or (c) otherwise in the service of the State. (2) The Authority may by arrangement with — (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties. (4) In this section, employing authority, Public Service and other expressions used in the Public Sector Management Act 1994 have the same respective meanings as they have in that Act. [Section 18A inserted: No. 28 of 2006 s. 326.] Part III — Acquisition, development and disposal of property Division 1 — Acquisition and development of property 19. Acquisition of land (1) The Authority may with the consent of the Minister purchase any land for the purposes of this Act. (2) The Authority is not authorised to take or resume land by compulsory acquisition. [Section 19 inserted: No. 28 of 2006 s. 332.] 20. Gifts (1) For the purposes of this Act the Authority may — (a) accept any absolute donation, gift, devise or bequest of real or personal property; or (b) with the consent of the Minister, accept any donation, gift, devise or bequest of real or personal property subject to any trust the objects of which are not substantially different from those for which the Authority is constituted, and carry out and give effect to the objects of any such trust. (2) The Authority may receive any donation, gift, devise or bequest for the purpose of assisting it to provide houses for persons notwithstanding that the donation, gift, devise or bequest is subject to any trust, condition or stipulation which cannot by reason of any other provision of this Act be given effect to, and the Authority may, notwithstanding that provision, give effect to the trust, condition or stipulation, if it is otherwise in accordance with law. (3) No duty under the Duties Act 2008 shall be paid on any property received by the Authority under subsection (1). [Section 20 amended: No. 28 of 2006 s. 332; No. 12 of 2008 Sch. 1 cl. 17(1).] 21. Powers of local government (1) Notwithstanding the Local Government Act 1995 or any other Act relating to local government a local government — (a) may sell or otherwise dispose of to the Authority any land vested in the local government (not being land reserved under Part 4 of the Land Administration Act 1997); (b) may acquire any land in the manner provided in the Local Government Act 1995 for the purpose of disposing of the land to the Authority for the purposes of this Act. (2) Subsection (1) does not authorise a local government to take or resume land by compulsory acquisition unless the land is to be disposed of to the Authority for the purposes of section 61(1). [Section 21 amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 35; No. 28 of 2006 s. 332.] 22. Powers in relation to development and management of land (1) Subject to this Act the Authority has these powers — (a) with the consent of the Western Australian Planning Commission as defined in the Planning and Development Act 2005 and any approval required under that Act, to re‑plan and re‑subdivide any land except Crown land not held by the Authority and to secure the closing of any street or the extinguishment of any easement or restrictive covenant; (b) to erect houses and other buildings on, or lay out and construct streets on, any land and to expend moneys standing to the credit of the Account on works and operations for the purpose of making such land suitable for the purposes of this Act; (c) to maintain, repair, and carry out any improvements to and generally to control and manage any houses and other buildings that are subject to contracts of sale, mortgages, or leases pursuant to this Act and any land on which such houses and other buildings are erected; (d) to enter into arrangements with a public authority or other body or person with respect to the provision of services to any area in which houses or other buildings acquired, erected, or to be erected, by the Authority are, or are to be, situated including, without limiting the generality of the foregoing, arrangements with respect to — (i) the making of streets or other facilities affording access to houses and other buildings and sites for houses and other buildings in the area; (ii) the establishment or extension and, if necessary, operation and maintenance of sewerage, drainage, water, gas, power, lighting and communications systems to serve the area and the connection of those systems to houses and other buildings and sites for houses and other buildings in the area, and, subject to the provisions of any contract relating to such an arrangement, to allot to each house, building or site having the benefit of the arrangement such proportion of the cost incurred by the Authority under the arrangement as the Authority deems just; (e) to purchase building materials, equipment, fittings or appliances, and to supply the same or any of them to any person or body of persons, corporate or unincorporate for the purposes of this Act upon such terms and conditions as the Authority determines; (f) to dispose of, set apart, utilize and deal with any land held by the Authority for the purposes of housing projects under or pursuant to an agreement between the Commonwealth and the State entered into pursuant to, or ratified by, an Act; (g) with the consent of the Minister to delegate to any local government approved by the Minister all or any of the powers and functions of the Authority (except this power of delegation) upon and subject to such terms and conditions as the Authority thinks fit so that the delegated powers and functions may be exercised and performed by the local government in the same manner and with the same effect as if they had been directly conferred on the local government by this Act and not by delegation; (h) to advance moneys to any local government to which a delegation is made under paragraph (g); (ia) to arrange, effect or take out insurance in connection with a matter referred to in paragraphs (a) to (h); (i) to do any thing incidental to a matter mentioned in this subsection. (2) A delegation under subsection (1)(g) shall be revocable at will and no delegation shall prevent the exercise of any power or the performance of any function by the Authority. (3) The powers conferred by subsection (1) are in addition to any other powers conferred on the Authority by this or any other Act. [Section 22 amended: No. 62 of 1983 s. 4; No. 84 of 1994 s. 46; No. 14 of 1996 s. 4; No. 49 of 1996 s. 64; No. 38 of 2005 s. 15; No. 28 of 2006 s. 327 and 332; No. 77 of 2006 Sch. 1 cl. 87(3); No. 6 of 2010 s. 8.] 23. Power to take lease (1) For the purposes of this Act the Authority may, with the consent of the Minister, take land on lease for such period and subject to such covenants and conditions as it thinks reasonable. (2) The powers conferred on the Authority by this Act in respect of land held by the Authority may, subject to the express or implied covenants and conditions of the lease, be exercised by the Authority in respect of land taken by it on lease. [Section 23 amended No. 28 of 2006 s. 332.] 24. Payment of rates to local government (1) Notwithstanding any provision to the contrary in any Act, the Authority in respect of vacant rateable land acquired within the district of a local government, shall be liable to pay rates thereon out of moneys standing to the credit of the Account to that local government, and the land shall be deemed to continue to be rateable land; but in the case of vacant land other than subdivided land no such liability shall arise until the land has been held vacant by the Authority for a period of at least 2 years and in the case of vacant subdivided land no such liability shall arise until the land has been held vacant by the Authority for a period of at least one year. (2) In this section subdivided land means an allotment of land, shown on an approved plan or diagram of subdivision deposited under the Transfer of Land Act 1893 with the Authority as defined in section 4(1) of that Act to be of an area not exceeding 10 000 square metres, or, if no such plan or diagram is so deposited, an allotment of land determined under that Act to be of an area not exceeding 10 000 square metres. [Section 24 amended: No. 14 of 1996 s. 4; No. 49 of 1996 s. 64; No. 81 of 1996 s. 153(1); No. 28 of 2006 s. 332; No. 60 of 2006 s. 137; No. 77 of 2006 Sch. 1 cl. 87(4).] Division 2 — Dealings with property generally 25. Power to lease (1) The Authority may let or lease, or grant a licence to any person to use, any building, building and land or vacant land held by the Authority for such periods and purposes, at such rentals and on such terms, covenants and conditions as the Authority thinks fit. (2) Subsection (1) does not apply to the letting or leasing of a house or house and land. [Section 25 amended: No. 28 of 2006 s. 332.] 26. Power to sell (1) The Authority, with t