Western Australia: Land Administration Act 1997 (WA)

Western Australia Land Administration Act 1997 Western Australia Land Administration Act 1997 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Location or lot 1 4. Crown bound 1 5. Rights to minerals, petroleum, geothermal energy etc., application of Act to 1 5A. Position on Earth, determining 1 6. Divisions of State (Sch. 1) 1 6B. Certain rights of way vested in local governments, status of etc. 1 Part 2 — General administration Division 1 — General role of Minister 7. Minister for Lands (body corporate), status of etc. 1 8. International Program, powers as to; International Program Trust Account 1 9. Delegation by Minister and chief executive officer of Department 1 10. General powers of Minister in relation to land 1 11. Minister may acquire land in the public interest 1 11A. Minister may hold and deal with alienated land 1 11B. Powers of Minister in relation to administration and management of land 1 12. Powers and duties of Minister restricted in relation to managed reserves and mall reserves 1 13. Ministerial orders, registration of etc. 1 14. Minister to consult local governments before exercising certain powers in relation to Crown land 1 Division 2 — Covenants and conditions and their enforcement 15. Covenants as to use, subdivision etc. of certain land 1 16. Land held on conditional fee simple (s. 75(1)), memorial of charge to secure performance of conditions 1 Division 3 — General 17. Hazards etc. affecting land, warnings as to on certificates of title etc. 1 18. Crown land transactions that need Minister's approval 1 18A. Carbon rights etc. affecting Crown land, Minister's powers as to 1 19. Dealings etc. as to Crown land not effective until registered etc. 1 19A. Encumbrances on fee simple in Crown land, application of TLA to 1 20. Certain interests in Crown land, caveats as to 1 21. Caveat for State or person under disability, Minister may lodge 1 22. Interest or caveat to continue despite change in status of Crown land 1 23. Adjustment of boundaries of Crown land for purposes of survey or resurvey 1 24. Minerals, petroleum and geothermal energy etc. are reserved to Crown 1 25. Mortgage of interest in Crown land, effect of 1 26. Land districts and townsites, constitution etc. of 1 26A. Names of roads and areas in new subdivision 1 27. Subdivision and development of Crown land 1 29. Certificates etc. of Crown land title, creation and registration of 1 30. Authorised land officers, appointing etc. 1 31. Public service officer of Department, restrictions on as to acquiring Crown land 1 32. Plans of survey and sketch plans to be approved 1 33. Approved plans of survey and sketch plans, evidentiary status of 1 34. Entry to Crown land by Minister, powers as to 1 35. Breach of condition or covenant applying to Crown or freehold land, Minister's powers in case of 1 36. Breach of condition or covenant applying to Crown or freehold land, Minister's powers exercisable with consent of interest holder 1 Part 3 — Appeals to Governor 37. Lodging an appeal with Minister, manner of 1 38. Minister's role on receipt of notice of appeal 1 39. Governor to determine appeals 1 40. Outcome of appeal, Minister to notify appellant of 1 Part 4 — Reserves 41. Reserving Crown land, Minister's powers as to 1 42. Class A reserves, creating, changing etc. 1 43. Certain changes to class A reserves, national parks etc., parliamentary procedure as to 1 44. Easements in class A reserves 1 45. Certain land subject to Conservation and Land Management Act 1984 or Swan and Canning Rivers Management Act 2006, Minister's powers as to 1 46. Care, control and management of reserves 1 46A. Consultation with management body 1 47. Lease of unmanaged reserve for reserve's purpose, Minister's powers to grant 1 48. Lease etc. of unmanaged reserve for other purposes, Minister's powers to grant 1 49. Plan for managed reserve 1 50. Management order, revocation of 1 51. Minister's powers to cancel, change purpose of or otherwise affect reserve 1 51AA. Compensation provisions 1 51A. Certain prescribed land taken to be reserved under s. 41 1 52. Local government may ask Minister to acquire as Crown land certain land in district 1 Part 5 — Roads Division 1 — Conventional roads 53. Highways and main roads, effect of Main Roads Act 1930 as to 1 55. Property in and management etc. of roads 1 56. Dedication of land as road 1 57. Leases in relation to roads 1 58. Closure of road at request of local government 1 58A. Closure of road on Minister's own initiative 1 Division 2 — Mall reserves 59. Creation and management of mall reserves 1 60. Public utility services in mall reserve, when suppliers of to be consulted 1 61. By‑laws for management etc. of mall reserve 1 62. Cancelling mall reserve and revoking management order 1 Division 3 — Public access routes 63. Terms used 1 64. Declaring etc. public access route through Crown land 1 65. Nature, signposting and routes of public access route 1 66. Liability of Minister etc. in respect of public access route restricted 1 67. Temporary closure of public access route 1 68. Fence across public access route, crossing of to be provided 1 69. Right to use public access route 1 70. Certain effects of public access routes 1 71. Offences 1 Part 6 — Sales, leases, licences, etc. of Crown land Division 1 — General 72. Terms used 1 73. Advisory panel, appointment of 1 Division 2 — Sale of Crown land 74. Minister's powers as to sale of Crown land 1 75. Transfer of Crown land in fee simple subject to conditions 1 76. Mortgagee of conditional tenure land, duties of in case of mortgagor's default 1 77. Mortgagee's sale under s. 76, application of purchase moneys from 1 78. Development etc. of Crown land, Minister may enter into joint venture for 1 Division 3 — Leasing of Crown land 79. Minister's powers as to lease of Crown land 1 80. Conditional purchase leases 1 81. Surrender of lease of Crown land 1 81A. Removal of expired registered leases from certificate of Crown land title 1 Division 4 — Provisions not restricted to either sale or leasing of Crown land 82. Revesting land held by Crown in fee simple in Crown 1 83. Transfer etc. of Crown land to advance Aboriginal people 1 84. Auctioneers of Crown land, functions of 1 85. Sale etc. of Crown land subject to condition etc. it be subdivided 1 86. Sale etc. of Crown land by private treaty to Commonwealth etc. 1 87. Sale etc. of Crown land for amalgamation with adjoining land 1 88. Option to purchase or lease Crown land, grant of 1 89. Certain lessees of Crown land may purchase, or purchase options to purchase, the land 1 90. Overlap of lease or easement and mining tenement, effect of 1 91. Licences and profits à prendre over Crown land, grant of 1 92. Improvements to leased etc. Crown land vest in Crown 1 Part 6A — Diversification leases Division 1 — Application of Part 92A. Leases to which this Part applies 1 Division 2 — Grant of diversification lease 92B. Minister's powers as to grant of diversification lease 1 Division 3 — Conditions of diversification lease 92C. Provisions that can be included in diversification lease 1 92D. Non‑exclusive possession of land under diversification lease 1 92E. Reservation in favour of Aboriginal persons 1 92F. Diversification lessee's duties as to leased land 1 Division 4 — Forfeiture of diversification lease 92G. Issue of forfeiture notice 1 92H. Criminal liability not affected by forfeiture 1 Division 5 — Notification of certain soil conservation notices 92I. Commissioner to notify Minister of certain soil conservation notices 1 Part 7 — Pastoral leases Division 1 — Introductory 93. Terms used 1 Division 2 — The Pastoral Lands Board 94. Board established 1 95. Functions of Board 1 96. Minister may give directions to Board 1 97. Members of Board, appointment of etc. 1 98. Procedure of Board; quorum 1 99. Particular duties of members 1 100. Protection from personal liability for members 1 Division 2A — Standards, guidelines and accreditation systems 100A. Land condition standards and land management guidelines 1 100B. Regard to standards and guidelines in performance of functions under this Part 1 100C. Minister may approve land management accreditation systems 1 100D. Status of standards, guidelines and approved systems 1 Division 3 — Grant of a pastoral lease 101. Grant of pastoral lease, Minister's powers as to 1 102. Public offers etc. of pastoral leases to be made before grant 1 Division 4 — Conditions of a pastoral lease 103. Terms etc. that can be included in pastoral lease 1 104. Aboriginal people's right to enter parts of pastoral leases 1 105. Duration of pastoral lease 1 105A. Extension of pastoral lease or grant of pastoral lease for greater term 1 105B. Agreements relating to extension or grant of lease under s. 105A 1 106. Leased land to be used for pastoral purposes unless otherwise permitted 1 107. Improvements must be kept in good condition 1 108. Pastoral lessee's duties as to leased land 1 108A. Board may direct pastoral lessee to submit management plan 1 108B. Submission, approval and implementation of management plan 1 108C. Board may direct pastoral lessee to monitor and report land condition 1 109. No clearing of leased land unless permitted 1 110. Non‑indigenous pasture not to be sown etc. on leased land without permit 1 111. Pests and prohibited stock on leased land 1 111A. Board may make determinations and directions as to number and distribution of stock 1 111B. Board may require evidence of compliance with s. 111A 1 112. Effect of soil conservation notice on determinations and directions under s. 111A and permits under Div. 5 1 112A. Effect on rent if reduction in stock numbers 1 113. Pastoral lessee to submit annual return 1 114. Compensation for improvements payable on expiry of certain leases 1 Division 5 — Permits 115. Fees for permits 1 116. Permit may be issued despite lease's terms 1 117. Environmental conservation requirements to be complied with 1 118. Clearing land, permit for 1 119. Non‑indigenous pastures, permit to sow etc. 1 120. Non‑pastoral agricultural activity, permit for 1 121. Tourist activity, permit for 1 122. Non‑pastoral use etc. of enclosed or improved land, permit for 1 122A. Prohibited stock, permit to keep etc. 1 122B. Board's power to amend permit 1 122C. Renewal of permit 1 122D. Suspension of permit 1 122E. Cancellation of permit 1 122F. Permit not personal property for Personal Property Securities Act 2009 (Commonwealth) 1 Division 6 — Rent for a pastoral lease 122G. Terms used 1 122H. Minister to determine annual rent 1 122I. Minister to determine permit rent if pastoral lease subject to permit 1 123. Valuer‑General to determine annual rent at 10 yearly intervals 1 123A. Minister may request Valuer‑General to make interim determination of annual rent 1 123B. Determining annual rent when new pastoral lease granted 1 124A. Phasing in increases to rent due to s. 123 determination 1 124. Annual rent if permit issued 1 125. Payment of rent 1 126. Objections to and review of rent or value of improvements 1 127. Amalgamated leases, rent for 1 128. Payment of rent may be delayed, reduced or waived in certain cases 1 Division 7 — Defaults, offences, forfeiture and abandoned leases 128A. Board may direct pastoral lessee 1 129. Default notice, when can be issued etc. 1 130. Not complying with default notice, offence 1 131. Forfeiture, when lease is liable to 1 132. Criminal liability not affected by forfeiture 1 133. Abandoned lease, Minister's powers in case of 1 Division 8 — Transfers of pastoral holdings or shares 134. Transfer, mortgage etc. of lessee's interest, ministerial approval of 1 134A. Transfer of permits 1 135. Company holding lease, restrictions on transfer etc. of shares etc. in 1 136. Maximum area of leased land a person may hold 1 Division 9 — Relations between the Pastoral Board and the Commissioner 137. Commissioner and Board to exchange information 1 138. Commissioner to notify Board of certain soil conservation notices 1 Division 10 — Miscellaneous and transitional 139. Board's powers to investigate compliance by lessees 1 140. Renewal of lease, request by lessee for offer of etc. 1 141. Boundaries between leases, Minister's powers to change 1 142. Amalgamation of leases, Minister's powers as to 1 142A. Pastoral business units, creation of etc. 1 143. Leases in force at 30 Mar 1998, transitional provisions for 1 Part 8 — Easements 143A. Term used: grantee 1 144. Easements over Crown land, Minister's powers to grant etc. 1 145. Cancelling s. 144 easements 1 146. Effect of easements granted under s. 144 1 147. Easements in gross may be granted under s. 144 and transferred 1 148. Conditional tenure land, grant of easement by holder of 1 149. Holder of interest in Crown land with right to acquire fee simple, grant of easement by 1 150. Easements no longer serving any purpose, cancelling 1 Part 9 — Compulsory acquisition of interests in land Division 1 — Preliminary Subdivision 1 — Interpretation 151. Terms used 1 Subdivision 2 — Provisions relating to native title 152. Objective of this Part and Part 10 as to NTA 1 153. Giving notice under NTA to native title holders if no approved determination of native title, effect of for this Act 1 154. Giving notice under NTA to native title holders if NTA Part 2 Div. 3 Subdiv. P applies, effect of for this Act 1 155. Native title rights and interests, effect of taking under this Part 1 156. Claims for compensation for native rights and interests, determining etc. 1 157. Claims for compensation for native title rights and interests, who may make 1 158. Compensation paid for native title rights and interests, recovery of if purpose of taking is cancelled 1 Subdivision 3 — Delegation 159. Delegation by Minister to certain other Ministers 1 160. Subdelegation of power or duty delegated under s. 159 1 Division 2 — Taking interests in land Subdivision 1 — Land required for a public work 161. Interests in land may be taken etc. 1 162. Underground land, interests in may be taken etc. 1 163. Certain materials and interests in land not to be taken without consent of Minister or principal proprietor 1 164. Mineral, petroleum and geothermal energy rights may be excluded from taking order 1 Subdivision 2 — Land required for the purpose of conferring interests 165. Interests in land may be taken etc. 1 166. Application of this Part and Part 10 to taking authorised, and interests taken, under s. 165 1 167. Agreement as to payment of compensation etc. by person who will get grant for which s. 165 taking is authorised 1 Division 3 — Procedure for taking interests in land and designating for a public work Subdivision 1 — Procedure for taking interests in land by agreement 168. Agreement to purchase or consent to take required interest, acquiring authority's powers as to 1 169. Purchase price in agreement to purchase 1 Subdivision 2 — Procedure for taking interests in land without agreement 170. Notice of intention to take required interest, issue of etc. 1 171. Notice of intention, content and validity of 1 172. No transaction affecting required land without Minister's consent 1 173. No improvements to be made to required land without Minister's approval 1 174. Minister's consent under s. 172 to transaction, Registrar of Titles may require evidence of 1 175. Objections to proposed taking of interests in land 1 176. Proprietor may require acquiring authority to also take small remainders of land 1 177. Taking order, Minister's powers to make etc. 1 178. Taking order, content of 1 Subdivision 3 — Effect of taking order 179. Registration of taking order, effect of 1 180. Taking order may be annulled or amended 1 181. Compensation if taking order annulled or amended 1 Division 4 — Entry on to land 182. Entry for feasibility study 1 183. Land for railway identified in special Act, entry of etc. 1 184. Land in notice of intention, entry of for inspection, surveys etc. 1 185. Land may be occupied temporarily to construct etc. public work 1 186. Entry etc. before land taken in certain circumstances 1 Division 5 — Use and disposal of land designated for a public work 187. Interest in land not required for public work may have designation changed or cancelled 1 188. Transactions affecting designated interests in land, application of proceeds of 1 189. Interest in land less than fee simple not required for public work, landowner to get option to purchase 1 190. Fee simple in land not required for public work, previous owner etc. entitled to option to purchase 1 191. Person who would be entitled to s. 189 or 190 option may require Minister to say if interest is required for public work 1 192. Land not presently wanted etc. for public work may be leased 1 193. Easement over land designated for public work, grant of 1 194. Timber, stone etc. on land designated for public work, sale of etc. 1 Division 6 — General provisions 195. Easement in gross in favour of State etc., creation of etc. 1 196. Public access easement, creation of etc. 1 197. Person refusing to give up possession etc. of land, Minister's powers in case of 1 198. Fences, removal of by acquiring authority restricted 1 199. Obstructing workers, causing damage etc., offence etc. 1 200. Compulsory acquisition in progress at 30 Mar 1998 etc., transitional provisions for 1 201. Delegations in force at 30 Mar 1998, preservation of 1 Part 10 — Compensation Division 1 — Persons entitled to compensation 202. Owners of interests in land taken, entitlement of 1 203. Person suffering damage from entry to land, entitlement of 1 204. Management body, entitlement of for loss of use of structures etc. 1 205. Mine, compensation for damage to etc. 1 206. Limitation on compensation if taking done under Part 9 could have been done under another Act 1 Division 2 — The claim 207. Time limit for making claim for compensation 1 208. Who can claim compensation 1 209. Principal Registrar to be guardian etc. in certain cases 1 210. Potential claimant absent from State or an infant etc., procedure in case of 1 211. Content and service of claim 1 212. Non‑monetary compensation, requests for 1 213. Service of claim etc., manner of 1 214. Acquiring authority may require further particulars 1 215. Time limit for acquiring authority to dispute title 1 216. Claimant whose title is disputed may apply to Supreme Court 1 Division 3 — Dealing with the claim 217. Offer of compensation if title not in dispute, when to be made 1 218. Claim and offer, amending 1 219. Rejection of offer, time limit for; effect of not rejecting offer 1 220. Rejected offer, how compensation determined in case of 1 221. If offer not made within time limit, claimant may commence proceedings 1 222. Claimant failing to commence proceedings after rejecting offer 1 223. Court action for compensation, commencing and procedure on 1 224. SAT claim for compensation, referring and procedure on 1 225. Assessor's consent to act required etc. 1 Division 4 — The State Administrative Tribunal 226. Constitution of SAT for compensation claims 1 227. Assessor not member of SAT may sit on SAT 1 229. SAT may hear other claims by consent 1 230. Assessor, objecting to etc. 1 231. Assessor member dying or unable to act etc., replacing 1 Division 5 — Assessing compensation 241. How compensation to be determined 1 242. Rates and taxes, apportionment of 1 243. Acts by claimant to make land less suitable for public work to be taken into account 1 244. One sum or separate sums may be awarded and conditions attached 1 Division 6 — Payment of compensation 248. Payments pending settlement of claim 1 249. When title doubtful, compensation or purchase‑money to be paid into Supreme Court 1 250. Investment of compensation money by Principal Registrar 1 251. Mortgage debts, application of compensation to 1 252. Land sold with payment by instalments, application of compensation for 1 253. Land subject to rent‑charge etc., application of compensation in case of 1 254. Reducing rent if part of rented land is taken 1 255. Easement etc. in lieu of compensation or purchase‑money, grant of by Minister 1 256. Easement etc. in lieu of compensation, powers of court or SAT as to 1 257. Grant of Crown land in lieu of compensation, Minister's powers as to 1 258. Source of compensation etc. 1 Part 11 — General 259. Protection from personal liability 1 260. Improvements on Crown land, valuing for s. 35 and 92 1 261. Interest in Crown land of insolvent person available for benefit of creditors 1 262. Death or mental incapacity of holder of interest in Crown land occurring before conditions as to improvements fulfilled 1 263. Death of holder of interest in Crown land with right to acquire fee simple 1 264. Limited liability of Crown or management body for damage, injury or loss suffered on, or emanating from, certain land 1 265. Prescription Act 1832 (UK) not applicable to Crown land 1 266. Land no longer required for railway to become Crown land 1 267. Offences on Crown land and proceedings for them 1 268. Survey marks and surveyors etc., offences as to 1 269. Contravention or avoidance of condition or covenant in respect of Crown land 1 270. Unauthorised structures on Crown land 1 271. Extensions of time for s. 270 1 272. Appeal against s. 270 notice 1 273. Delegation by Minister of s. 270 and 271 functions 1 274. Service of documents for Act 1 275A. Information about Crown land interest holders, disclosing 1 275. Regulations generally 1 276. Regulations about fees 1 277. Regulations about s. 73 advisory panel 1 278. Forms, approval of etc. 1 279. Review of Act 1 Part 12 — Repeals, transitional, savings and validation related to Land Act 1933 280. Interpretation Act 1984 not affected 1 281. Land Act 1933 repealed; transitional etc. provisions for (Sch. 2) 1 282. General saving for matters in existence etc. under amended Acts at 30 Mar 1998 1 Part 13 — Transitional related to pre‑Land Act 1933 Crown grants, Crown reserves, and Crown leases 283. Term used: pre‑1933 legislation 1 284. Pre‑1933 legislation, transitional provisions for (Sch. 3) 1 Part 14 — Transitional provisions for the Land and Public Works Legislation Amendment Act 2023 285. Returns by pastoral lessees 1 286. Annual rent for pastoral leases 1 Schedule 1 — Divisions of State Schedule 2 — Transitional, savings and validation provisions related to Land Act 1933 1. Sch. 2 supplementary to Interpretation Act 1984; terms used 1 2. Property etc. of Minister under repealed Act s. 6(3) 1 3. Incomplete disposal of Crown land under repealed Act s. 7 1 4. Incomplete acquisition of land under repealed Act s. 8 1 5. Incomplete grant etc. to Aboriginal people under repealed Act s. 9 1 6. Incomplete action as to district or townsite under repealed Act s. 10 1 7. Incomplete resumption of land under repealed Act 1 8. Incomplete issue of Crown grant under repealed Act s. 12 1 9. Application etc. awaiting approval under repealed Act s. 13 1 10. Reservation etc. under repealed Act s. 15 etc. 1 11. Granted application under repealed Act s. 16(1) etc. 1 12. Lease etc. liable to forfeiture under repealed Act s. 23 at 30 Mar 1998 1 13. Appeal to Governor pending under repealed Act s. 27 1 14. Reserves under repealed Act etc. 1 15. Lease of reserve under repealed Act s. 32 1 16. Vesting order under repealed Act s. 33 etc. 1 17. Grants of land in fee simple subject to conditions 1 18. Management plan approved under repealed Act s. 34A 1 19. Town and suburban lands being sold by auction 1 20. Fencing condition under repealed Act s. 42 1 21. Licence to occupy under repealed Act s. 43 1 22. Lessee entitled to acquire town or suburban land under repealed Act s. 44 1 23. Incomplete grant of land for Housing Act 1980 under repealed Act s. 45 1 24. Decisions under repealed Act s. 45A not effected 1 25. Decision under repealed Act s. 45B not effected 1 26. Conditional purchase lease of agricultural etc. land 1 27. Conditional purchase lease of special settlement land 1 28. Conditions in cl. 22, 26 and 27 leases 1 29. Farm reconstruction areas, disposal of 1 30. War service land no longer required, disposal of 1 31. Leases under repealed Act s. 116, 117 and 117A 1 32. Closed roads, incomplete alienation of 1 33. Discharged soldiers, deferment of rent payable by 1 34. Easements 1 35. Priority of applications (repealed Act s. 135) 1 36. Rents under leases continued by this Schedule 1 37. Lease of lessee who served in H. M. Forces 1 38. Leases continued by this Schedule not to be renewed 1 39. Person entitled to Crown grant under repealed Act s. 142(2) 1 40. Ministerial approvals under repealed Act s. 143 1 41. Incomplete transfer of lease or licence under repealed Act s. 144 1 42. Incomplete mortgage of lease or licence under repealed Act s. 145 1 43. Incomplete procedures under repealed Act s. 149A and 149B 1 44. Crown land records, validation of and conversion to qualified certificates of Crown land title for transitional period 1 45. Procedure for registering interests, status orders and caveats granted etc. under repealed Act or any other written law 1 46. Dealings or caveats as to Crown land to be registered or recorded within transitional period 1 47. Purported assignment of certain leases validated and registrable as transfers of leases 1 48. Licences continued under cl. 9, 10(2) and 15 caveatable under TLA 1 49. Caveat lodged under repealed Act s. 152 1 50. Incomplete execution against land under repealed Act s. 159 1 51. Incomplete transmission under repealed Act s. 160 if no administration of deceased estate 1 52. Death or lunacy occurring before fencing and improvements completed 1 53. Unauthorised structures on public lands 1 54. Delegations in respect of unauthorised structures 1 55. Auctioneers may sell without licences 1 56. Previous restriction of public access validated 1 Schedule 3 — Crown grants, Crown reserves, and Crown leases made or created before the Land Act 1933 1. Terms used 1 2. Crown grants made before Land Act 1933 1 3. Crown reserves created before Land Act 1933 1 4. Leases granted under Land Act 1898 1 5. Other leases granted under pre‑1933 legislation 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Land Administration Act 1997 An Act to consolidate and reform the law about Crown land and the compulsory acquisition of land generally, to repeal the Land Act 1933 and to provide for related matters. Part 1 — Preliminary 1. Short title This Act may be cited as the Land Administration Act 1997. 2. Commencement (1) Subject to subsection (2), this Act comes into operation on such day as is fixed by proclamation. (2) Subject to section 22 of the Interpretation Act 1984, this Act is not to come into operation until all the provisions of the Transfer of Land Amendment Act 1996 have come into operation. 3. Terms used (1) In this Act, unless the contrary intention appears — adjoining, in relation to parcels of Crown land, includes only separated by — (a) roads; or (b) railways; or (c) watercourses or other natural features of such a character as to be insufficient to prevent the passage of stock; or (d) reserves or unallocated Crown land; alienated land means land held in freehold; appointed day means day fixed under section 2(1); approved form means form for the time being approved under section 278; authorised land officer means a person appointed under section 30 to be an authorised land officer; Board means the Board established by section 94; carbon covenant and carbon right have the same respective meanings as they have in the Carbon Rights Act 2003; caveat means caveat lodged under section 20 or 21, as the case requires; certificate of Crown land title means certificate of Crown land title (being a certificate of the radical title of the Crown) referred to in section 29 and showing the interests, dealings or caveats granted, entered in to or lodged in respect of a parcel of Crown land, and, except in that section, includes any subsidiary certificate of Crown land title — (a) created in relation to part of that parcel; and (b) referred to in that certificate of Crown land title; and (c) showing the particular interests, dealings or caveats granted, entered into or lodged in respect of that part; certificate of title has the same meaning as it has in the TLA; class A reserve means reserve classified as a class A reserve under section 42; Commissioner has the meaning given in the Soil and Land Conservation Act 1945 section 4; Commissioner of Main Roads means Commissioner of Main Roads holding office under the Main Roads Act 1930; condition includes limitation, restriction and, when used in the sense of a stipulation, term; condition of land, in relation to land under a pastoral lease or a diversification lease, includes the condition of the soil comprising the land and the condition of the vegetation on the land; covenant means covenant referred to in section 15; Crown land, subject to subsections (2), (3), (4) and (5), means all land, except for alienated land; Crown lease has the same meaning as it has in the TLA; DBNGP corridor has the meaning given in the Dampier to Bunbury Pipeline Act 1997 section 27(1); dealing, when used as a noun, means — (a) document that when registered creates, effects, cancels or alters interests in, or status orders in respect of, Crown land; or (b) order; Department means department principally assisting the Minister in the administration of this Act; diversification lease has the meaning given in section 92B(1); diversification lessee means the holder of a diversification lease; external Territory has the same meaning as it has in section 17 of the Acts Interpretation Act 1901 of the Commonwealth; high water mark, in relation to tidal waters, means ordinary high water mark at spring tides; instrument, except in relation to a delegation to, or the appointment of, a person, has the same meaning as it has in the TLA; interest, in relation to Crown land, means, except in Parts 9 and 10, charge, Crown lease, easement, lease, mortgage, profit à prendre or other interest, including such interests as are lawfully granted or entered into by a management body, and their counterparts under the repealed Act, but does not include — (a) care, control and management of a reserve, mall reserve or road; or (b) caveat; or (c) licence; or (d) mining, petroleum or geothermal energy right; inundated land means alienated land that, through the excavation of that land or other land, has become inundated by tidal waters; land means — (a) all land within the limits of the State; and (b) all marine and other waters within the limits of the State; and (c) all coastal waters of the State as defined by section 3(1) of the Coastal Waters (State Powers) Act 1980 of the Commonwealth; and (d) the sea‑bed beneath, and all islands and structures within, the waters referred to in paragraphs (b) and (c); and (e) the airspace above, and subsoil beneath, anything referred to in paragraphs (a) to (d); land administration expertise includes expertise and services in — (a) the compilation, storage and use of land information; and (b) land surveying; and (c) land mapping; and (d) land registration; land district means land district constituted under section 26; lease means lease of Crown land granted under this Act or under an order made under section 46(3) or 59(5)(b); leasehold scheme has the meaning given in the Strata Titles Act 1985 section 3(1); licence means licence granted under section 91(1); location or lot has the meaning given in section 3A(1); mall reserve means land reserved under section 59(1) as read with section 59(4)(a)(i); managed reserve means reserve the care, control and management of which are placed under section 46 or 59; management body means person or persons with whom or which the care, control and management of a reserve or mall reserve are placed under section 46(1) or 59(4); management order means order by which the care, control and management of a reserve are placed under section 46(1) or 59(4); management plan has the meaning given in section 108A(2); mining, petroleum or geothermal energy right means — (a) mining tenement within the meaning of the Mining Act 1978; or (b) drilling reservation, lease, licence, permit, pipeline licence, special prospecting authority, access authority or other right under the Petroleum and Geothermal Energy Resources Act 1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982; Minister means Minister in the Minister's capacity as the body corporate continued under section 7(1); order means order made by the Minister under this Act in an approved form; pastoral lease means lease which is a pastoral lease of Crown land granted under section 101 or continued under section 143; pastoral lessee means holder of a pastoral lease; Planning Commission means Western Australian Planning Commission established under the Planning and Development Act 2005; positive covenant, in relation to land, means positive covenant complying with any relevant scheme and registrable under section 15, or covenant which complies with any relevant scheme and which imposes obligations — (a) concerning the matters referred to in section 15(4)(a) to (e); or (b) requiring the provision of public utility services or other services on or to the land or other land in its vicinity; or (c) requiring the maintenance, repair or insurance of any structure or work on the land, or imposes any condition with respect to the performance of or failure to perform any such obligation; private road means alley, court, lane, road, street, thoroughfare or yard on alienated land, or a right of way created under section 167A(1) of the TLA, which — (a) is not dedicated, whether under a written law or at common law, to use as such by the public; and (b) is shown on a plan or diagram deposited or in an instrument lodged with the Registrar, and which — (c) forms a common access to land, or premises, separately occupied; or (d) once formed or was part of a common access to land, or premises, separately occupied, but no longer does so; or (e) is accessible from an alley, court, lane, road, street, thoroughfare, yard or public place that is dedicated, whether under a written law or at common law, to use as such by the public; or (f) once was, but is no longer, accessible from an alley, court, lane, road, street, thoroughfare, yard or public place that was dedicated, whether under a written law or at common law, to use as such by the public; profit à prendre means profit à prendre granted under section 91(1); public access route means public access route declared under section 64(1); public service officer has the same meaning as it has in the Public Sector Management Act 1994; public utility services means drainage, electricity, gas, sewerage, telephone or water services or such other services as are prescribed for the purposes of this definition; public work has the meaning given in the Public Works Act 1902 section 2; qualified certificate of Crown land title means qualified certificate of Crown land title referred to in section 29 or clause 44(2) of Schedule 2 and showing the interests, dealings or caveats granted, entered into or lodged in respect of a parcel of Crown land, and, except in that section, includes any subsidiary certificate of Crown land title — (a) created in relation to part of that parcel; and (b) referred to in that qualified certificate of Crown land title; and (c) showing the particular interests, dealings or caveats granted, entered into or lodged in respect of that part; recorded means recorded under Part IIIB of the TLA; Register has the same meaning as it has in the TLA; registered means registered under Part IIIB of the TLA; Registrar or Registrar of Titles means Registrar of Titles referred to in section 7 of the TLA; remuneration has the same meaning as it has in the Salaries and Allowances Act 1975; repealed Act means Land Act 1933; reservation means order retaining in the radical title of the Crown any right or interest in land as a condition of — (a) a conveyance or transfer of Crown land in fee simple; or (b) the grant or entering into of an interest in Crown land; reserve means Crown land for the time being reserved under section 41; road means land dedicated at common law or reserved, declared or otherwise dedicated under an Act as an alley, bridge, court, lane, road, street, thoroughfare or yard for the passage of pedestrians or vehicles or both; scheme has the same meaning as it has in the Environmental Protection Act 1986; soil conservation notice means a soil conservation notice issued under the Soil and Land Conservation Act 1945; State instrumentality — (a) includes an organisation as defined in the Public Sector Management Act 1994 section 3(1) and any other body corporate established under a written law; but (b) does not include a local government or a regional local government; status order means order other than an order that creates an interest; stock means birds, crustaceans, fish, mammals or reptiles or other animals of any kind whatsoever which are farmed, kept or managed; subsidiary certificate of Crown land title means subsidiary certificate of Crown land title referred to in section 29; TLA means Transfer of Land Act 1893; townsite means townsite referred to in section 26(1); transitional period means period of 5 years beginning on the appointed day; unallocated Crown land means Crown land — (a) in which no interest is known to exist, but in which native title within the meaning of the Native Title Act 1993 of the Commonwealth may or may not exist; and (b) which is not reserved, declared or otherwise dedicated under this Act or any other written law; unmanaged reserve means reserve the care, control and management of which are not placed with a management body. (2) All land below high water mark, including the beds and banks of tidal waters, is Crown land unless that land is inundated land or other alienated land. (3) When tidal waters form the boundary of a parcel of land or a person holds the freehold in parcels of land adjoining tidal waters — (a) the land below high water mark (except for land which was alienated land immediately before the appointed day) is Crown land; and (b) if the line of the high water mark shifts over time by gradual and imperceptible degrees, the boundaries of the parcel or parcels of land shift with the high water mark. (4) No act to occupy, use, build or carry out works or remove material, with or without lawful authority, is capable of causing land below high water mark to cease to be Crown land. (5) Land that becomes raised above high water mark, whether gradually or imperceptibly or otherwise, because of the building or carrying out of works, is Crown land. (6) A reference in this Act to the sale of Crown land is, unless the contrary intention appears, to be construed as a reference to the transfer of the Crown land in fee simple for consideration. (7) A reference in this Act to the freehold in any land is a reference to the fee simple, whether absolute, conditional or otherwise, of that land. [Section 3 amended: No. 59 of 2000 s. 4; No. 56 of 2003 s. 4; No. 38 of 2005 s. 6; No. 28 of 2006 s. 375; No. 60 of 2006 s. 139; No. 35 of 2007 s. 98(2) and (3); No. 30 of 2018 s. 145; No. 4 of 2023 s. 4 and 92.] 3A. Location or lot (1) A location or lot is a parcel of Crown land that is shown on a plan of survey or sketch plan approved by an authorised land officer. (2) A plan of survey or sketch plan may specify that a location or lot shown on it has — (a) a two‑dimensional configuration consisting of — (i) length; and (ii) width; or (b) a three‑dimensional configuration consisting of — (i) length; and (ii) width; and (iii) height or depth or both. [Section 3A inserted: No. 4 of 2023 s. 5.] 4. Crown bound This Act binds the Crown. 5. Rights to minerals, petroleum, geothermal energy etc., application of Act to (1) This Act does not — (a) apply to the registration of rights over Crown land in respect of minerals, petroleum, geothermal energy or geothermal energy resources; or (b) prevent or otherwise affect the system of registration under other Acts of mining, petroleum or geothermal energy rights in respect of Crown land. (2) In subsection (1) — geothermal energy and geothermal energy resources have the same meanings as they have in the Petroleum and Geothermal Energy Resources Act 1967. [Section 5 amended: No. 35 of 2007 s. 98(4).] 5A. Position on Earth, determining (1) If for the purposes of this Act it is necessary to determine the position on the surface of the Earth of a point, line or area, that position is to be determined by reference to the prescribed Australian datum. (2) Regulations that prescribe a datum for the purposes referred to in subsection (1), or amend that datum or prescribe another datum to replace that datum, may make any transitional or savings provisions that are necessary or convenient to be made. (3) Regulations referred to in subsection (2) may modify or otherwise affect the operation of this Act. [Section 5A inserted: No. 54 of 2000 s. 4.] 6. Divisions of State (Sch. 1) For the purposes of this Act, the State is divided into the Divisions described in Schedule 1. [6A. Has not come into operation 1.] 6B. Certain rights of way vested in local governments, status of etc. To avoid doubt, it is declared that if — (a) land was or is taken or resumed and vested in a local government for the purpose of a right of way or a right of way and recreation, and not a road; and (b) the land comprising the right of way or right of way and recreation has not been or is not dedicated as a road under a written law, the land — (c) is and since it was vested in the local government has remained a right of way; and (d) the common law relating to the creation of a public right of way by way of dedication and acceptance has never applied and does not apply to the land so as to dedicate the land as a public right of way. [Section 6B inserted: No. 59 of 2000 s. 5.] Part 2 — General administration Division 1 — General role of Minister 7. Minister for Lands (body corporate), status of etc. (1) The body corporate established under the repealed Act under the name of the Minister for Lands is continued as a body corporate under this Act under that name and consists of the Minister to whom the administration of this Act is from time to time committed by the Governor. (2) The Minister has perpetual succession and a common seal. (3) Proceedings may be taken by or against the Minister in the Minister's corporate name. (4) The Minister is an agent of the Crown in right of the State and enjoys the status, immunities and privileges of the Crown. [Section 7 amended: No. 4 of 2023 s. 92.] 8. International Program, powers as to; International Program Trust Account (1) In this section — Account means the International Program Trust Account established under subsection (3); Program means the International Program established to initiate and advance the provision and sale to the Commonwealth or an external Territory, or to any instrumentality of either, or to any country outside Australia, of land administration expertise. (2) The Minister is to carry out the Program and may for that purpose — (a) invite persons in the private sector within Australia or elsewhere to participate in the establishment, development and completion of international projects for the provision and sale to the Commonwealth or an external Territory, or to an instrumentality of either, or to any country outside Australia, of land administration expertise, and to negotiate and conclude agreements, including joint venture agreements, with those persons for the purpose of that participation; and (b) raise such fees and charges in respect of that provision and sale, and under those agreements, as the Minister considers appropriate. (3) The Minister may, with the prior approval of the Treasurer, establish under section 16 of the Financial Management Act 2006 an agency special purpose account called the International Program Trust Account for the purposes of the Program. (4) There are to be placed to the credit of the Account — (a) moneys generated by the carrying out of the Program, including fees and charges raised under subsection (2)(b); and (b) moneys appropriated by Parliament; and (c) any other moneys lawfully received by, made available to or payable to the Minister in respect of the Program. (5) The funds standing to the credit of the Account are to be applied in payment of — (a) expenditure incurred by the Minister in the carrying out of the Program; and (b) any other expenditure lawfully incurred by the Minister in respect of the Program. (6) The Account is to be operated solely for the purposes of the Program and is to be administered by the Minister. (7) The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of departments apply to and in relation to the Account. (8) The administration of the Account is for the purposes of section 52 of the Financial Management Act 2006 to be regarded as a service under the control of the department of the Public Service principally assisting in the administration of the Program. [Section 8 amended: No. 28 of 2006 s. 376; No. 77 of 2006 Sch. 1 cl. 93(1)‑(3).] 9. Delegation by Minister and chief executive officer of Department (1) The Minister may delegate any power or duty of the Minister under another provision of this Act to — (a) the chief executive officer of the Department; or (b) another public service officer of the Department; or (c) the holder for the time being of an office in the Department; or (d) a prescribed person or a person belonging to a prescribed class of persons. (2) The Minister can delegate under subsection (1) a power or duty to convey or transfer the fee simple in Crown land only in accordance with the regulations. (3) A person to whom a power or duty is delegated under subsection (1)(b), (c) or (d) cannot delegate that power or duty. (4) The chief executive officer of the Department may delegate to a person referred to in subsection (1)(b), (c) or (d) any power or duty that is delegated to the chief executive officer under subsection (1)(a). (5) A person to whom a power or duty is delegated under subsection (4) cannot delegate that power or duty. (6) A delegation under this section must be in writing signed by the Minister or the chief executive officer of the Department (as the case requires). (7) A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (8) Nothing in this section limits the ability of the Minister or the chief executive officer of the Department to perform a function through an officer or agent. (9) This section is subject to Part 9 Division 1 Subdivision 3 and section 273. [Section 9 inserted: No. 4 of 2023 s. 6.] 10. General powers of Minister in relation to land (1) The Minister may, in the name and on behalf of the State — (a) exercise powers and perform duties in relation to land in accordance with this Act; and (b) provide land administration expertise to the private and public sectors within Australia and elsewhere, and raise such fees and charges in respect of that provision as the Minister considers appropriate. (2) The Minister may, when exercising powers or performing duties in relation to land under subsection (1)(a), require the land to be used for such purposes and subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or other instrument. (3) Subject to this Act, the Minister may exercise powers or perform duties in relation to land under subsection (1)(a) despite the existence of interests in, or caveats in respect of, the land if the Minister does so — (a) without adversely affecting any such interest or caveat; or (b) with the consent of the holder of any such interest or of the relevant caveator, and those interests or caveats continue to apply to the land despite any such exercise or performance. (4) When a consent referred to in subsection (3)(b) is given, the Minister may in accordance with that consent by exercising a power conferred on the Minister by another provision of this Act extinguish the interest or caveat in respect of which that consent was given. (5) Subject to this Act and to section 60(2)(b)(i) of the Contaminated Sites Act 2003, any proceeds received by the Minister from exercising powers or performing duties in relation to land, or providing land administration expertise and services, under subsection (1) are — (a) for the purposes of the Financial Management Act 2006, to be taken to be moneys lawfully received by the Department; and (b) subject to section 23 of that Act, to be credited to the Consolidated Account. [Section 10 amended: No. 60 of 2003 s. 100; No. 74 of 2003 s. 72(2); No. 77 of 2006 s. 4 and Sch. 1 cl. 93(4); No. 4 of 2023 s. 7 and 92.] 11. Minister may acquire land in the public interest (1) Subject to subsection (2), the Minister may, in the name and on behalf of the State, acquire an estate, interest or other right in or to land in the public interest from any person — (a) by purchase; or (b) by exchange, and may make or receive any payment that is necessary because of any difference in value between the pieces of land exchanged; or (c) by accepting the surrender of land held in fee simple or a less estate or interest; or (d) by taking it in the manner provided by Part 9; or (e) by forfeiture to the State under section 35; or (f) by acquiring it in any other manner provided for by this Act. (2) The Minister may, in the name and on behalf of the State, acquire an estate, interest or other right in or to land in the public interest from the Commonwealth, another State, a Territory or another country — (a) by purchase; or (b) by exchange, and may make or receive any payment that is necessary because of any difference in value between the pieces of land exchanged; or (c) by accepting the surrender of land held in fee simple or a less estate or interest. (3) The Minister must, after consulting the Valuer‑General, determine the value of any estate, interest or other right in or to land — (a) to be purchased under this section; or (b) to be acquired by exchange under this section, and the value of the estate, interest or other right in or to land to be transferred in exchange for the estate, interest or other right to be so acquired. 11A. Minister may hold and deal with alienated land (1) The Minister may, in the name and on behalf of the State, hold the freehold in land. (2) The Minister may, in the name and on behalf of the State, deal with and dispose of land held in freehold by the Crown, the State or the Minister. (3) Without limiting subsection (2), the Minister may — (a) undertake, plan, provide for, promote or coordinate the subdivision, amalgamation, improvement, development, alteration or management of land referred to in that subsection; and (b) carry out any investigation, survey, exploration or feasibility study on, or in relation to, that land. [Section 11A inserted: No. 4 of 2023 s. 8.] 11B. Powers of Minister in relation to administration and management of land (1) The Minister may do all things necessary or convenient to be done for or in connection with the administration and management of Crown land and land referred to in section 11A(2). (2) Without limiting subsection (1), the Minister may enter into a contract or arrangement with any person or body in respect of the administration or management of land referred to in that subsection. [Section 11B inserted: No. 4 of 2023 s. 8.] 12. Powers and duties of Minister restricted in relation to managed reserves and mall reserves (1) The Minister must not exercise a power or perform a duty under section 10(1) in respect of the care, control or management of Crown land in a managed reserve or mall reserve without the consent of the relevant management body. (2) Subsection (1) does not apply to — (a) the exercise of a power conferred by section 42(3), 43(1)(a) or (c), 45(2), 50(1) or (2) or 51(2); or (b) the performance of a duty imposed by section 42(4) or 45(4); or (c) the exercise of a power, or the performance of a duty, that is necessary as a consequence of the exercise of a power referred to in paragraph (a); or (d) the exercise of a power conferred by, or the performance of a duty imposed by, Part 9. [Section 12 amended: No. 4 of 2023 s. 9.] 13. Ministerial orders, registration of etc. (1) The Minister must, when the Minister makes an order, lodge the order with the Registrar for registration. (2) An order is not subsidiary legislation within the meaning of the Interpretation Act 1984. (3) If a minor error or omission has occurred in respect of an order, the Minister may, if to do so will not prejudice any person affected by the order, by subsequent order amend the order. (4) An order amended under subsection (3) is to be treated as having been made in its amended form. (5) An order becomes effective on registration. (6) An order revoked or replaced under section 165(4) ceases to have effect from the day the order revoking it or replacing it is registered. (7) An order amended under section 165(4) is to be treated as having been made in its amended form from the day the order amending it is registered. [Section 13 amended: No. 59 of 2000 s. 6; No. 4 of 2023 s. 92.] 14. Minister to consult local governments before exercising certain powers in relation to Crown land (1) Before exercising in relation to Crown land any power conferred by this Act (other than Part 5), the Minister must, unless it is impracticable to do so, consult the local government of the district in which the Crown land is situated concerning the proposed exercise of power. (2) For the purposes of subsection (1), the Minister consults the local government if the Minister — (a) gives written notice of the proposed exercise of power to the local government; and (b) in the notice invites the local government to provide comments on the proposed exercise of power within 42 days after the date of the notice; and (c) considers any comments received within the 42‑day period referred to in paragraph (b) or any longer period allowed under subsection (3). (3) The Minister may, on application by the local government, allow a longer period for comments in response to a notice given under subsection (2). [Section 14 inserted: No. 4 of 2023 s. 10.] Division 2 — Covenants and conditions and their enforcement 15. Covenants as to use, subdivision etc. of certain land (1) This section applies to land which is — (a) Crown land; or (b) alienated land that is the subject of an agreement relating to the use of the alienated land and that is entered into between — (i) the Minister; and (ii) the person who is the holder of the freehold in the alienated land, before the alienated land was transferred by the Minister in fee simple to that holder. (2) In this section — agreement land means alienated land referred to in subsection (1)(b); registered, in relation to — (a) Crown land, means registered under Part IIIB of the TLA; or (b) agreement land, means registered under the TLA otherwise than under Part IIIB of the TLA, and registrable has a corresponding meaning. (3) Subject to subsection (5), a covenant described in subsection (4) in favour of the Minister as covenantee — (a) may be registered — (i) if that covenant relates to Crown land, by order against the relevant certificate of Crown land title or qualified certificate of Crown land title; or (ii) if that covenant relates to agreement land, by instrument against the relevant certificate of title, subject to that covenant; and (b) runs with that Crown land or agreement land, as the case requires; and (c) is enforceable against the covenantor and the covenantor's successors in title even if that covenant is not annexed to land in which the Minister has an estate or interest. (4) A covenant registrable under subsection (3) may be a positive covenant or restrictive covenant and may, without limiting the generality of this subsection, include one or more of the following — (a) provision in respect of the use of land subject to that covenant, the use of a building on or to be erected on that land or the payment of the purchase price of that land; (b) the requirement that land — (i) is to be built on in accordance with that covenant; or (ii) is not to be built on except in accordance with that covenant; or (iii) is not to be built on; (c) the requirement that land — (i) is not to be subdivided except in accordance with that covenant; or (ii) is not to be subdivided; (d) the requirement that parcels of that land designated in that covenant and registered under one or more titles are not to be sold or otherwise transferred separately; (e) provision in respect of the conditions subject to which the fee simple of, or an interest in, Crown land is to be transferred, granted or entered into. (5) The Minister must, before a positive covenant referred to in subsection (4) is registered in respect of — (a) Crown land the subject of an interest, status order or caveat, obtain the consent of the holder of the interest, of the management body or other person affected by the status order or of the caveator; or (b) agreement land, obtain the consent of the holder of the freehold in the agreement land, to that registration. (6) A covenant described in subsection (7) — (a) may impose an obligation on the covenantor to be performed to the satisfaction of — (i) the Minister, a State instrumentality or a local government; or (ii) such other person as is prescribed, as covenantee; and (b) may be registered — (i) if that covenant relates to Crown land, by order against the relevant certificate of Crown land title or qualified certificate of Crown land title; or (ii) if that covenant relates to agreement land, by instrument against the relevant certificate of title, subject to that covenant; and (c) runs with that Crown land or agreement land, as the case requires; and (d) is enforceable against the covenantor and the covenantor's successors in title even if that covenant is not annexed to land in which the covenantee has an estate or interest. (7) A covenant registrable under subsection (6) may be a positive covenant or restrictive covenant and may include one or more of the following — (a) any provision or requirement referred to in subsection (4)(a), (b), (c), (d) or (e); (b) the requirement that land or a specified amenity in relation to it be protected, preserved, conserved, maintained, enhanced, restored or kept in its natural or existing state in accordance with, and to the extent provided in, that covenant. (8) For the purposes of subsection (7) — amenity includes natural, historical, heritage, cultural, scientific, architectural, environmental, wildlife or plant life value relating to the land that is subject to the relevant covenant. (9) A covenant registered under this section — (a) indemnifies the covenantee against any matter agreed to by the covenantor and covenantee and provides for the due performance of the obligations under that covenant by the holders of interests, or the holder of the freehold, in the relevant land; and (b) constitutes a charge on the relevant land. (10) Section 110 of the TLA does not apply to a charge referred to in subsection (9)(b). (11) If an order or other instrument contains a covenant registrable under this section, that covenant, while registered, is binding on the covenantor and the covenantor's successors in title. (12) A person who enters into a covenant under this section is not liable for a breach of the covenant which occurs after that person ceases to hold — (a) an interest in the relevant Crown land; or (b) the freehold in the relevant agreement land, as the case requires. (13) A covenant referred to in subsection (9) may be — (a) modified by agreement between the covenantor or the covenantor's successor in title and the covenantee; or (b) discharged by the covenantee. (14) In relation to Crown land, the Minister may be the covenantor of a covenant registered under subsection (3) or (6). (15) If a covenant is registered under subsection (3) or (6) against Crown land by an instrument against the relevant certificate of Crown land title or qualified certificate of Crown land title, the covenant is by operation of this subsection transferred to, and applies to, the fee simple when the Crown land is transferred in fee simple in all respects as if the fee simple had been referred to in the covenant. [Section 15 amended: No. 59 of 2000 s. 7; No. 4 of 2023 s. 92.] 16. Land held on conditional fee simple (s. 75(1)), memorial of charge to secure performance of conditions (1) If the Minister transfers Crown land in fee simple under section 75(1) subject to the condition that the due performance of other conditions by the holder of the freehold in the relevant land is to be secured by a charge on that land registered under this section, the Minister may lodge a memorial in an approved form with the Registrar. (2) When the Registrar has registered a memorial and noted the Register accordingly, the due performance of conditions referred to in subsection (1) is a charge on the subject land for the benefit of the Minister. (2A) If the charge secures the due performance of conditions concerning a specified use under section 75(1) and those conditions are varied under that section, the charge is to be taken to secure the performance of the conditions as so varied. (3) If a registered memorial referred to in subsection (2) — (a) states that no dealings or other instruments are to be registered in respect of the subject land while that memorial remains registered under this section, that memorial has effect accordingly; or (b) does not so state, that memorial is merely notice of its contents to those concerned with the subject land. (4) If any default is made in respect of the performance referred to in subsection (2) while the relevant memorial remains registered, the Minister has the same powers of sale over the subject land as are given by the TLA to a mortgagee under a mortgage in respect of which default has been made in the payment of principal. (5) If the Minister determines that a charge in respect of which a memorial referred to in subsection (2) is registered is no longer required, the Minister may request the Registrar to cancel that memorial. (6) On receiving a request made under subsection (5), the Registrar must cancel the relevant memorial and by doing so remove the charge from the subject land. (7) In this section — subject land means land referred to in subsection (1). [Section 16 amended: No. 30 of 2018 s. 146.] Division 3 — General 17. Hazards etc. affecting land, warnings as to on certificates of title etc. (1) When the Minister wishes the certificate of title of land the fee simple of which has been transferred under this Act to be endorsed with a statement warning of hazards or other factors affecting, or likely to affect, the use or enjoyment of that land, the Minister may, with the consent of the holder of that fee simple, lodge with the Registrar a memorial in an approved form containing that statement. (2) When the Minister wishes the certificate of Crown land title of a parcel of Crown land an interest in which has been or is to be granted or entered into under this Act to be endorsed with a statement warning of hazards or other factors affecting, or likely to affect, the use or enjoyment of that parcel, the Minister may lodge with the Registrar a memorial in an approved form containing that statement. (3) On the lodging of a memorial under subsection (1) or (2), the Registrar must — (a) endorse on the relevant certificate of title or certificate of Crown land title; and (b) note on the Register, a memorandum of the memorial. (4) The Minister may, at any time after the lodging of a memorial under subsection (1) or (2), request the Registrar to remove — (a) the relevant endorsement from the certificate of title or certificate of Crown land title; and (b) the relevant note from the Register, and the Registrar must comply with that request. 18. Crown land transactions that need Minister's approval (1) A person must not without authorisation under subsection (7) assign, sell, transfer or otherwise deal with interests in Crown land or create or grant an interest in Crown land. (2) A person must not without authorisation under subsection (7) — (a) grant a lease or licence under this Act, or a licence under the Local Government Act 1995, in respect of Crown land in a managed reserve; or (b) being th