Hon George Cash asks about the commencement date of section 38 of the Land Administration Amendment Act 2000 and the types of issues that could lead to land exclusion from pastoral leases for public purposes. Hon Graham Giffard provides the dates and defines 'public purpose' with reference to relevant legislation.

AnsweredQoN 1075Legislative Council
Asked
27 February 2002
Portfolio
Planning and Infrastructure

QuestionView source ↗

(1) When did section 38 of the Land Administration Amendment Act 2000 come into operation? (2) Given that the Government has an obligation to give lessees notice of which areas will be excluded from pastoral leases by December 2002, what is the nature or type of issue which may render land subject to exclusion from a pastoral lease for public purposes? Hon GRAHAM GIFFARD

AnswerView source ↗

I thank the member for some notice of this question. (1) It came into operation on 7 December 2000, except for section 38(1) which became retrospectively operative from 30 March 1998. Section 38 amended section 143 of the Land Administration Act 1997, which contains transitional provisions relating to existing pastoral leases. (2) Land required for a “public purpose” may be excluded from a lease granted or extended under section 143(6c) of the Land Administration Act 1997. A “public purpose” is defined under section 143(10) of the Land Administration Act as meaning for the purpose of a public work within the definition of the expression “public work” in the Public Works Act 1902, conservation, a national park, a nature reserve or a purpose which serves or is intended to serve the interests of the public or a section of the public.
(2) Given that the Government has an obligation to give lessees notice of which areas will be excluded from pastoral leases by December 2002, what is the nature or type of issue which may render land subject to exclusion from a pastoral lease for public purposes? Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. (1) It came into operation on 7 December 2000, except for section 38(1) which became retrospectively operative from 30 March 1998. Section 38 amended section 143 of the Land Administration Act 1997, which contains transitional provisions relating to existing pastoral leases. (2) Land required for a “public purpose” may be excluded from a lease granted or extended under section 143(6c) of the Land Administration Act 1997. A “public purpose” is defined under section 143(10) of the Land Administration Act as meaning for the purpose of a public work within the definition of the expression “public work” in the Public Works Act 1902, conservation, a national park, a nature reserve or a purpose which serves or is intended to serve the interests of the public or a section of the public.
Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. (1) It came into operation on 7 December 2000, except for section 38(1) which became retrospectively operative from 30 March 1998. Section 38 amended section 143 of the Land Administration Act 1997, which contains transitional provisions relating to existing pastoral leases. (2) Land required for a “public purpose” may be excluded from a lease granted or extended under section 143(6c) of the Land Administration Act 1997. A “public purpose” is defined under section 143(10) of the Land Administration Act as meaning for the purpose of a public work within the definition of the expression “public work” in the Public Works Act 1902, conservation, a national park, a nature reserve or a purpose which serves or is intended to serve the interests of the public or a section of the public.
I thank the member for some notice of this question. (1) It came into operation on 7 December 2000, except for section 38(1) which became retrospectively operative from 30 March 1998. Section 38 amended section 143 of the Land Administration Act 1997, which contains transitional provisions relating to existing pastoral leases. (2) Land required for a “public purpose” may be excluded from a lease granted or extended under section 143(6c) of the Land Administration Act 1997. A “public purpose” is defined under section 143(10) of the Land Administration Act as meaning for the purpose of a public work within the definition of the expression “public work” in the Public Works Act 1902, conservation, a national park, a nature reserve or a purpose which serves or is intended to serve the interests of the public or a section of the public.
(1) It came into operation on 7 December 2000, except for section 38(1) which became retrospectively operative from 30 March 1998. Section 38 amended section 143 of the Land Administration Act 1997, which contains transitional provisions relating to existing pastoral leases. (2) Land required for a “public purpose” may be excluded from a lease granted or extended under section 143(6c) of the Land Administration Act 1997. A “public purpose” is defined under section 143(10) of the Land Administration Act as meaning for the purpose of a public work within the definition of the expression “public work” in the Public Works Act 1902, conservation, a national park, a nature reserve or a purpose which serves or is intended to serve the interests of the public or a section of the public.
(2) Land required for a “public purpose” may be excluded from a lease granted or extended under section 143(6c) of the Land Administration Act 1997. A “public purpose” is defined under section 143(10) of the Land Administration Act as meaning for the purpose of a public work within the definition of the expression “public work” in the Public Works Act 1902, conservation, a national park, a nature reserve or a purpose which serves or is intended to serve the interests of the public or a section of the public.

Explore WA Government Data

Search the full archive in the free dashboard, or query programmatically via API.

Explore more