Western Australia: 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 the consent of the Minister, may by public auction or private contract sell any building and land or vacant land held by the Authority for cash or on such terms of payment as the Authority thinks fit and at such price, and subject to such conditions, restrictions, exceptions and reservations (if any) as the Authority thinks fit. (2) Subsection (1) does not apply to a sale under Division 4. [Section 26 amended: No. 28 of 2006 s. 332.] 27. Power to grant easement The Authority may grant or create an easement over land held by the Authority for such payment (if any) and on such terms and conditions as the Authority thinks fit. [Section 27 amended: No. 28 of 2006 s. 332.] Division 3 — Letting or leasing of houses 28. Power to let or lease houses The Authority may let or lease any house or house and land held by the Authority to any eligible person or, with the consent of the Minister — (a) to any public authority or body corporate; or (b) to any person who, in the opinion of the Authority, is providing an essential community or tradesman service in a locality and is unable to obtain suitable accommodation in that locality from any source other than the Authority. [Section 28 amended: No. 28 of 2006 s. 332.] 29. Terms and conditions (1) A house or house and land may be let under this Division on a weekly or such other periodic tenancy as the Authority thinks fit or may be leased under this Division for such period as the Authority thinks fit. (2) The terms, covenants and conditions of a tenancy or lease under this Division shall be such terms, covenants and conditions as the Authority thinks fit and shall be set out in a tenancy agreement in an approved form. [Section 29 amended: No. 28 of 2006 s. 332.] 30. Determination of rent (1) The amounts of rent to be paid by tenants under this Division shall be such amounts as are from time to time determined by the Authority and approved by the Minister. (2) A determination under subsection (1) may provide for — (a) the payment of different rents in respect of different houses or different classes of houses; (b) the payment of different rents by tenants of different classes; (c) the allowance of rebates in such circumstances and subject to such conditions as are specified in the determination. [Section 30 amended: No. 28 of 2006 s. 332.] 31. Credit of rents towards purchase price (1) Subject to subsection (2) where — (a) the purchaser of any house and land under Division 4 has been a tenant of the house or the house and the land under this Division; or (b) the spouse, de facto partner or deceased spouse or deceased de facto partner of a purchaser of any house and land under Division 4 has been a tenant of the house or the house and the land under this Division, the Authority may credit towards the purchase price of the house and land the rents that have been paid by the purchaser or the spouse, de facto partner or deceased spouse or deceased de facto partner of the purchaser in respect of the house, or the house and the land, or such portion (if any) of those rents as the Authority thinks fit. (2) Where a person becomes the purchaser of any house and land under Division 4 by exercising an option to purchase contained in a tenancy agreement under this Division the provisions of subsection (1) shall not affect any provision contained in the tenancy agreement providing for the crediting of rents towards the purchase price of the house and land. (3) In this section rents includes amounts paid by a tenant of a house or house and land for the purpose of the repair, renovation, upkeep or improvement of the house or house and land. [Section 31 amended: No. 28 of 2003 s. 85; No. 28 of 2006 s. 332.] Division 4 — Sale of houses and housing land 32. Application of this Division (1) This Division applies to the sale by the Authority of a house and land held by the Authority or land held by the Authority on which a house is to be erected. (2) A reference in subsection (1) to a house is a reference to a house that is intended to be used by the purchaser as a home for himself and his family (if any). [Section 32 amended: No. 28 of 2006 s. 332.] 33. Terms and conditions of sale (1) The Authority may by public auction or private contract sell land or a house and land under this Division — (a) for cash; or (b) in the case of — (i) the sale of land; or (ii) the sale of a house and land to an eligible person, on such terms of payment as the Authority thinks fit. (2) A sale under this Division may be made at such price and subject to such conditions, restrictions, exceptions and reservations as the Authority thinks fit. (3) If a sale under this Division is made on terms or subject to conditions, restrictions, exceptions or reservations those terms, conditions, restrictions, exceptions or reservations shall be set out in a contract of sale in an approved form. (4) The Authority may, by determination approved by the Minister and published in the Government Gazette, fix a standard rate of interest to apply to contracts of sale in respect of sales on terms under this Division. (5) Different standard rates of interest may be fixed under subsection (4) in respect of different classes of contracts of sale. (6) The interest rate specified in a contract of sale in respect of a sale on terms under this Division shall be the standard rate of interest most recently published under subsection (4) in respect of contracts of sale of that class but the contract may provide for the interest rate to vary in accordance with determinations published from time to time under that subsection. (7) In subsection (6) interest rate in relation to a contract of sale means the rate of interest payable on the balance of the purchase money for the time being remaining unpaid under that contract of sale. [Section 33 amended: No. 28 of 2006 s. 332.] 34. Limit on amount of unpaid purchase money (1) The balance of the purchase money for the time being remaining unpaid under a contract of sale in respect of a sale under this Division shall not exceed such sum as is determined by the Minister for the purposes of this subsection by notice published in the Government Gazette. (2) For the purposes of subsection (1) the Minister may determine different sums in respect of land in different areas of the State. Part IV — Provision by the Authority of financial assistance for housing [Heading amended: No. 28 of 2006 s. 328.] Division 1 — Loans 35. Reference to house A reference in this Division to a house in relation to the making of a loan is a reference to a house that is, or is intended to be, used by the person to whom the loan is to be made as a home for himself and his family (if any). 36. Loans to assist eligible persons (1) Subject to this Act the Authority may make a loan to any eligible person in order to assist the eligible person — (a) to erect, complete, enlarge or improve a house on land owned by him; or (b) to purchase land and erect a house thereon; or (c) to purchase a house and the land on which it is erected; or (d) to purchase a partially erected house and the land on which it is being erected and complete the house; or (e) to discharge any mortgage or liability already existing on land owned by him and on which a house is erected, or is being erected or is to be erected. (2) A reference in subsection (1) to land owned by an eligible person is a reference to land of which the eligible person is the beneficial owner in possession and includes — (a) Crown land (including any land held by the Authority) or endowment lands of The University of Western Australia, or of the trustees of the Public Education Endowment or of any local government being land set aside for residential purposes and held by the eligible person for his own benefit under a lease or agreement; (b) Residential Leases, Miners' Homestead Leases and Residence Areas. [Section 36 amended: No. 14 of 1996 s. 4; No. 28 of 2006 s. 332.] 37. Loans to persons generally to purchase land from Authority Subject to this Act the Authority may make a loan to any person in order to assist the person to purchase from the Authority land on which to erect a house. [Section 37 amended: No. 28 of 2006 s. 332.] 38. Loans to persons generally to improve houses (1) Subject to this Act the Authority may make a loan to any person to assist the person to make alterations or additions to a house so that the house may be brought into conformity with the building, health or other local laws or standards of a local government or with the Water Services Act 2012 or to improve the standard of comfort or convenience of the house. (2) For the purpose of this section — additions include the installation or improvement of water supply, sewerage or drainage systems and all necessary fittings. (3) No loan shall be made under this section other than to a person who satisfies the Authority that his financial position justifies the assistance applied for. [Section 38 amended: No. 73 of 1995 s. 188; No. 14 of 1996 s. 4; No. 28 of 2006 s. 332; No. 25 of 2012 s. 218.] 39. Method of making loan A loan under this Division may be made in one sum or in progress payments from time to time at the discretion of the Authority. [Section 39 amended: No. 28 of 2006 s. 332.] 40. Limit on amount to be lent (1) The total amount lent to a person under this Division and for the time being remaining owing shall not exceed such sum as is determined by the Minister for the purposes of this subsection by notice published in the Government Gazette. (2) For the purposes of subsection (1) the Minister may determine — (a) different sums in respect of land in different areas of the State; (b) different sums in respect of loans for different purposes. 41. Security for repayment of loan (1) The repayment of every loan made under this Division together with all interest and other money incidental to that loan or properly charged against the borrower in respect thereof shall be secured by — (a) a first or second mortgage in an approved form to the Authority, of the borrower's estate and interest in the land on which the house to which the loan relates is erected, or is being erected or is to be erected and in the improvements (if any) already thereon and the improvements (if any) that are to be made thereon with the aid of the loan; and (b) such additional or collateral security (if any) as to the Authority may seem fit in such form as the Authority may require. (2) The borrower may execute a mortgage or other instrument of security securing a loan under this Division notwithstanding anything to the contrary in any enactment or law, or in the lease, agreement or occupation certificate under which he holds the land that is to be the subject of that mortgage or other instrument. [Section 41 amended: No. 28 of 2006 s. 332.] 42. Interest on loans (1) The Authority may, by determination approved by the Minister and published in the Government Gazette, fix a standard rate of interest to apply to loans under this Division. (2) Different standard rates of interest may be fixed under subsection (1) in respect of different classes of loans. (3) The interest rate specified in a mortgage or other instrument of security securing a loan under this Division shall be the standard rate of interest most recently published under subsection (1) in respect of loans of that class but the mortgage or other instrument of security may provide for the interest rate to vary in accordance with determinations published from time to time under that subsection. (4) In subsection (3) interest rate in relation to a loan means the rate of interest payable on the balance of the amount for the time being advanced and remaining owing under the loan. [Section 42 amended: No. 28 of 2006 s. 332.] 43. Normal legal relationships to apply The rights, powers and remedies of the Authority in relation to loan transactions under this Division shall be those rights, powers and remedies given by or under the mortgage or other instrument of security together with such rights, powers and remedies as are normally applicable to such transactions at law or in equity. [Section 43 amended: No. 28 of 2006 s. 332.] 44. Protection of Authority's interest The Authority shall, whilst a loan under this Division is secured by a mortgage of any land, be entitled, subject to the rights or any prior mortgagee, to hold the documents of title to that land. [Section 44 amended: No. 28 of 2006 s. 332.] 45. Authority to obtain reports as to expenditure of loans The Authority from time to time shall obtain reports from the inspectors and valuers of the Authority as to the manner in which moneys lent under this Division have been expended and used by the respective borrowers, and as to the state and condition of the improvements for the purpose of which those moneys have respectively been lent, and generally as to the state and condition of the properties in respect of which those moneys have been lent. [Section 45 amended: No. 28 of 2006 s. 332.] Division 2 — Guarantees and subsidies 46. Guarantee by Authority in certain cases (1) Where an eligible person desires to — (a) erect a house; or (b) complete a partially erected house; or (c) purchase a new house, and is able without borrowing to pay so much of the cost of erecting the house as the Authority approves but is unable to borrow, without assistance under this section from the Authority, sufficient money in order to enable him to pay the balance of the cost, the Authority may assist him by guarantee in order to enable him to do so. (2) In this section — (a) a reference to a house or new house is a reference to a house that is or is intended to be used by the person to whom the assistance is to be given as a home for himself and his family (if any) but does not include a reference to a house of which the value (exclusive of the value of the land on which it is or is to be erected) exceeds such sum as is determined by the Minister for the purposes of this paragraph by notice published in the Government Gazette; (b) new house has the meaning given to that term in section 3 of the Housing Loan Guarantee Act 1957 3. (3) For the purposes of subsection (2)(a) the Minister may determine different sums in respect of houses in different areas of the State. [Section 46 amended: No. 28 of 2006 s. 332.] 47. Payment of subsidies on account of loans made to eligible persons (1) For the purpose of assisting eligible persons in obtaining houses and land by subsidising the rate or amounts of interest payable in respect of loans made to them by approved lending institutions, the Authority may, with the approval of the Minister — (a) make payments, on such terms and conditions as the Minister approves, to approved lending institutions that make loans to approved persons on the security of freehold or leasehold property by way of mortgage; (b) enter into agreements with approved lending institutions in order to facilitate and regulate the making of payments under paragraph (a) and to ensure compliance with the terms and conditions approved by the Minister pursuant to that paragraph. (2) In this section — approved lending institution means an institution, body or person that is approved in writing by the Minister for the purposes of this section; approved person means an eligible person approved in writing by the Authority for the purposes of this section. [Section 47 amended: No. 28 of 2006 s. 332.] Part V — Arrangements and agreements as to housing finance Division 1 — Arrangements with the Commonwealth 48. Terms used In this Division — Commonwealth Housing Act means any Act of the Parliament of the Commonwealth relating to financial assistance to the States, or to States including this State, for housing purposes; Housing Agreement means any agreement made and entered into between the Commonwealth and this State for housing purposes including an agreement to which the other States, or any of them are parties; housing purposes includes — (a) assistance to persons to enable them to meet their housing requirements; and (b) betterment of housing conditions; and (c) promotion of social welfare in relation to housing. 49. Financial assistance from Commonwealth: powers of Minister and Authority (1) The Minister and the Authority subject to the Minister are hereby respectively authorised to do all acts and things necessary or convenient for the purpose of enabling the State to participate in any scheme or arrangement for the granting of financial assistance by the Commonwealth for housing purposes. (2) Without limiting the generality of subsection (1) — (a) the Minister and the Authority, on behalf of the State, are hereby respectively invested with such powers, functions, duties and responsibilities as are necessary or convenient for — (i) enabling the State, and the Minister and the Authority on behalf of the State, to obtain such grants, assistance and benefits as are provided or capable of being provided under a Commonwealth Housing Act or a Housing Agreement; and (ii) enabling the State, and the Minister and the Authority, to fulfil such conditions and comply with such other requirements as are necessary for obtaining the grants, assistance and benefits referred to in subparagraph (i); (b) the Authority, on behalf of the State, shall maintain any account necessary to comply with conditions imposed by, and fulfil objects and purposes set out in, a Commonwealth Housing Act or in a Housing Agreement and may pay moneys into, expend and advance moneys from, and generally operate any such account so as to comply with those conditions and fulfil those objects and purposes. [Section 49 amended: No. 28 of 2006 s. 332.] 50. Housing assistance under agreements (1) Without limiting the generality of section 49 the Minister and the Authority, subject to the Minister, are hereby respectively authorised to administer any Housing Agreement for and on behalf of the State. (2) The authority conferred by subsection (1) extends to the doing of any act or thing before the coming into operation of a Housing Agreement but in anticipation of and for the eventual purposes of that agreement. (3) Subject to section 51, for the purposes of the administration of any Housing Agreement all the powers, functions, duties, authorities and responsibilities of the Authority as provided in this Act or the Government Employees' Housing Act 1964 shall apply and extend to the Authority, and all the provisions of those Acts, so far as they are applicable or can with necessary adaptations and modifications be made applicable, shall apply in all respects and for all purposes in relation to projects for housing purposes provided for and mentioned in that agreement and undertaken by the State pursuant to that agreement. [Section 50 amended: No. 28 of 2006 s. 329 and 332.] 51. Regulations as to administration of agreements (1) Where any act, matter or thing required or authorised by any provision of a Housing Agreement to be done by or on behalf of the State for housing purposes cannot conveniently be done under the provisions of this Act, the Governor may make regulations for authorising the doing of such act, matter or thing. (2) Regulations made under subsection (1) shall be valid and have effect notwithstanding that they are inconsistent with or repugnant to a provision contained elsewhere in this Act. Division 2 — Agreements with lending institutions 52. Terms used and effect (1) In this Division — home finance moneys means — (a) any moneys made available to the State by the Commonwealth pursuant to a Commonwealth Housing Act or a Housing Agreement for the purpose of providing finance to assist persons to erect or purchase homes for themselves and their families (if any); or (b) any moneys set aside by the Authority, out of any funds available to it, for the purpose of providing finance to assist persons to erect or purchase homes for themselves and their families (if any); instrument of constitution means the Act or other instrument by which, a lending institution is constituted and by authority of, or subject to, which, the institution carries on its business, and includes rules, local laws, by‑laws, regulations, and other subordinate authorisations effective under the Act or other instrument; lending institution means — [(a) deleted] (b) a lending authority of the State; or (c) a body approved by the Minister as a body to which loans may be made under this Division; loan agreement means an agreement between the State and a lending institution in relation to a loan from home finance moneys for on‑lending by the institution to assist borrowers to erect or purchase homes for themselves and their families (if any), and the terms Commonwealth Housing Act and Housing Agreement have the meanings respectively given to them in Division 1. (2) Nothing in this Division authorises the making of a loan from home finance moneys referred to in paragraph (a) of the definition of that term in subsection (1) other than to an institution to which such a loan may be made under the terms of the relevant Commonwealth Housing Act or Housing Agreement. [Section 52 amended: No. 14 of 1996 s. 4; No. 10 of 1998 s. 9(2); No. 26 of 1999 s. 87; No. 12 of 2001 s. 51; No. 17 of 2005 s. 28(2); No. 28 of 2006 s. 332.] 53. Power to make loan agreements Power to enter into and to carry out loan agreements with the State is conferred by this Act on a lending institution, notwithstanding that the power is not conferred by the instrument of constitution of the lending institution, and notwithstanding any provision of the instrument of constitution to the contrary. 54. Terms and conditions of agreement (1) The State and a lending institution may agree to the inclusion in a loan agreement of such terms and conditions as they think fit, but the provisions of section 55 apply to, and are included by virtue of this section in, every loan agreement entered into before or after the coming into operation of this Act, whether those provisions are or are not expressly included by the agreement in it, or are expressly excluded by the agreement from it. (2) Without limiting the generality of subsection (1), the conditions which may be included in a loan agreement include conditions — (a) fixing or limiting the rate of interest payable by borrowers in respect of moneys advanced to them by the lending institution; and (b) fixing or limiting the term or period of years for which any advance may be made to a borrower by the lending institution; and (c) prohibiting the lending institution from making any advance to a borrower where the value of the house, or of the house and land, in respect of which the advance is sought, exceeds the amounts respectively determined from time to time by the Minister; and (d) prohibiting the lending institution from making any advance to a borrower whose income exceeds the amount determined from time to time by the Minister. 55. Floating security and charge (1) Subject to sections 56 and 57 where a lending institution makes a loan agreement the State has, by virtue of this Act and notwithstanding the provisions of any other Act or delegated legislation, or of the instrument of constitution of the lending institution, as floating security for the due observance by the lending institution of the terms and conditions of the loan agreement, a floating charge on the whole of the undertaking and other property and assets, present and future, of the lending institution. (2) A floating charge created by this section has priority to all other charges, whether they arose or were created before, or arise or are created after the coming into operation of this Act. (3) Any amount owing under a loan agreement by a lending institution to the State is a debt owing to the Crown. (4) The floating security and charge and the debt owing to the Crown are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to Chapter 5 of that Act, to the extent to which subsections (1), (2) and (3) of this section provide for them in a way that would be inconsistent with that Chapter but for this declaration and section 5F of that Act. (5) Unless and until — (a) proceedings are commenced for winding up of the lending institution, whether — (i) under Chapter 5 of the Corporations Act 2001 of the Commonwealth; or [(ii) see Act No. 17 of 2005 s. 28(3) and No. 19 of 2010 s. 51 item No. 31] (iii) by such other procedure as is provided for the winding up of the lending institution; or (b) the State, pursuant to the provisions, if any, of the loan agreement in respect of which the security and charge exist, directs otherwise, the floating security and charge created by this section do not in any way preclude the lending institution from, or limit the lending institution in, carrying on business in the ordinary course as if the security did not exist and the charge had not been created. [Section 55 amended: No. 10 of 1982 s. 28; No. 12 of 2001 s. 49; No. 20 of 2003 s. 30; No. 17 of 2005 s. 28(3); No. 19 of 2010 s. 51.] 56. Lending institution may give securities (1) Where a lending institution makes or has made a loan agreement, it may, with the consent of the Treasurer and the Minister, execute such securities over so much of its property and assets both real and personal as create a charge thereon and which in the opinion of the Treasurer secure the due observance by the lending institution of the terms and conditions of the loan agreement. (2) Where a lending institution makes or has made a loan agreement and, pursuant to subsection (1), executes in relation to that agreement such securities as are referred to in that subsection — (a) the provisions of section 55 do not have effect or cease to have effect, as the case requires, so as to create any floating charge or security by virtue of the making of that agreement; and (b) the Treasurer may, on the recommendation of the Minister, from time to time release from the charge such securities as are, in his opinion, no longer necessary to secure the due observance by the lending institution of the terms and conditions of the loan agreement. (3) Any securities referred to in subsection (1) shall be, notwithstanding the provisions of any other Act and notwithstanding the existence on the property and assets of any other charge or encumbrance, by virtue of this subsection, a first charge on so much of the property and assets of the lending institution as is from time to time the subject of those securities. 57. Property and assets of lending institution may be released Where — (a) a lending institution has, at any time before or after the coming into operation of this Act, made a loan agreement; and (b) the lending institution has not, in relation to that loan agreement, executed securities of the kind described in section 56(1), the Treasurer may, at the request of the lending institution and on the recommendation of the Minister, release from the floating charge and security created by section 55 on the making of the loan agreement, such of the property and assets of the lending institution as are, in his opinion, no longer necessary to secure the due observance by the lending institution of the terms and conditions of the loan agreement. 58. Power of inspection of affairs of lending institution (1) Where a lending institution is a party to a loan agreement the appropriate Minister of the State may, whenever he thinks fit, appoint a person to examine the affairs of the lending institution and to report to the Minister on the result of the examination. (2) For the purpose of enabling him to make the examination, a person so appointed has, and if necessary may exercise, the powers conferred on a Royal Commission by the Royal Commissions Act 1968. (3) An appointment in writing purporting to have been made under this section and purporting to have been signed by a Minister is sufficient authority for a person so appointed to exercise the functions and powers of examination. 59. Special powers of lending institutions to make advances of moneys, other than by way of mortgage Notwithstanding anything to the contrary contained in any Act or delegated legislation or the instrument of constitution of a lending institution, the lending institution may make advances to a borrower other than upon security of freehold or leasehold property by way of mortgage where — (a) the moneys being advanced to the borrower have been loaned to the lending institution under a loan agreement; and (b) the moneys being advanced to the borrower will be used by him to purchase a house erected upon, or to erect a house upon, land which at the time the advance is made is held by the Authority. [Section 59 amended: No. 28 of 2006 s. 332.] Part VI — Specialized housing and community facilities 60. Authority may provide specialized housing (1) For the purposes of this Act the Authority may — (a) erect, acquire or take leases of, and furnish and equip specialized housing for the purpose of housing persons, including students and aged and infirm persons, whose housing requirements are not, in the opinion of the Authority, otherwise adequately provided for under the provisions of this Act; (b) let or lease residential units in specialized housing to persons at such rentals, on such terms for such periods and subject to such covenants and conditions as the Authority considers fit and proper; (c) provide, in relation to specialized housing, such amenities and facilities, separate or communal as, in the opinion of the Authority, are necessary or desirable for the comfort, health and convenience, or will serve a beneficial purpose in connection with the requirements of the persons to whom residential units in specialized housing are let or leased; (d) provide for the proper conduct, management, control and supervision of specialized housing, including the provision of canteens and dining rooms and the employment of caretakers, supervisors and other persons necessary for the proper conduct, management, control and supervision of specialized housing; (e) enter into arrangements with a local government or with any person approved by the Minister under which the local government or person shall undertake the conduct, management, control and supervision of specialized housing. (2) In subsection (1) specialized housing means a building or group of buildings which contains a number of separate residential units suitable for the housing of persons including students and aged and infirm persons and which is designed so as to provide living amenities and facilities available for use in common by persons residing in those residential units. [Section 60 amended: No. 14 of 1996 s. 4; No. 28 of 2006 s. 332.] 61. Community facilities (1) In order to promote the establishment and growth of a community in any area and to meet health, social, educational, and recreational needs of the members of that community the Authority may, with the consent of the Minister, acquire land, or set aside land held by the Authority, for the purpose of providing, or providing sites for, community facilities and amenities and may, with the consent of the Minister — (a) erect on the land, and furnish and equip, any buildings that the Authority considers necessary or desirable having regard to the purpose for which the land was acquired or set aside or enter into arrangements with a public authority, or approved person for the erection, furnishing and equipping of such a building; (b) enter into arrangements with a public authority or approved person for the conduct, management, control, maintenance and supervision of the land and any building erected on the land and health, social, educational and recreational activities to be carried on on the land or in a building erected on the land; (c) sell, let or lease any of the land, or let or lease any building erected on the land, for the purpose for which the land was acquired or set aside; (d) surrender any of the land to Her Majesty for the purpose for which it was acquired or set aside. (2) In subsection (1) — approved person mea