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CROWN LAND ADMINISTRATION

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					CROWN LAND ADMINISTRATION
          AND
  REGISTRATION PRACTICE
           IN
    WESTERN AUSTRALIA
FOREWORD
The Crown Land Administration and Registration Practice Manual is a best
practice initiative which aims to set in place standards and guidelines for
the administration and registration of Crown land in this State. It has
been developed in response to requests from our stakeholders for more
information on the way Crown land is administered.

Western Australia has around 38% of the nation’s Crown lands. 93% of
the State is Crown land whether unallocated or subject to reservation,
dedication or leasing.

These statistics illustrate both the opportunities and the challenges facing
government land administration in Western Australia.

This publication is intended to promote transparency and good
governance in the administration of Crown land and conveyancing and
registration of Crown land transactions under the Land Administration Act
1997 and the Transfer of Land Act 1893.

In developing this resource, a considerable level of advice, contribution
and verification of current practice and procedure by many staff and our
friends in Local Government must be acknowledged. Without their valued
and experienced input, an authoritative, user friendly and accurate
version would not have been possible.

This is a dynamic publication and will continue to evolve and improve to
reflect changes in legislation and practice and procedure.


We welcome your feedback for improvements in future editions.




Hon Alannah MacTiernan MLA
Minister for Planning and Infrastructure
Terms of Use
Disclaimer of Liability

The information contained in this manual is distributed by the Department
for Planning and Infrastructure (DPI) through the DPI website as a guide
or information source only. Various factors beyond the control of DPI can
affect the quality or accuracy of the information and products.

While every effort has been made to ensure accuracy and completeness,
no guarantee is given nor responsibility taken by DPI for errors or
omissions in the manual. DPI do not accept any liability for any loss or
damage incurred as a result of the use of, or reliance upon the
information provided in this manual or incorporated into it by reference.

IMPORTANT: The information in this manual should not be regarded as
legal advice. In all matters, users should seek legal advice from an
independent legal practitioner.

On-Line

NOTE:        The DPI Web server provides links to other Internet sites.
These external information sources are outside of DPI’s control and it is
the responsibility of Internet users to make their own decisions about the
accuracy, reliability, suitability, and correctness of information found.

Copyright

This manual and its contents are protected by the Copyright Act 1968,
and the copyright in this manual belongs to the State of Western
Australia. You may download, display, print and reproduce this material in
unaltered form only (retaining this notice) for your personal, non-
commercial use and use within your organisation. Apart from any use as
permitted under the Copyright Act 1968, all other rights are reserved. No
part may be downloaded and/or reproduced if it is to be onsold or licensed
and no person who downloads or reproduces any part is to seek any
payment for information so obtained. Requests for further authorisation
should be addressed to the General Manager, State Land Services,
Department for Planning and Infrastructure.

Other enquiries may be directed to:
General Manager
State Land Services
Department for Planning and Infrastructure

PO Box 1575
MIDLAND WA 6936
GLOSSARY OF TERMS AND ABBREVIATIONS
This Glossary is designed to assist with the interpretation and is not meant to be
exhaustive.

ACQUISITION ORDER
A particular Ministerial Order under section 52 of the LAA for the acquisition of
alienated land. Where the alienated land forms a private road, the Acquisition
Order has the effect of closing that private road and extinguishes all rights,
interests and encumbrances on the land and revests the relevant land as Crown
land under the LAA. An Acquisition Order is Form LAA-1000 and will have effect
upon registration by the Registrar of Titles under the TLA.

ALIENATED LAND
Land held in freehold

CALM
Department of Conservation and Land Management

CALM ACT
Conservation and Land Management Act 1984

CALM RESERVES
CALM Reserves for the purposes and in particular, Chapter 4, means Class A
nature reserves, conservation parks, national parks and nature reserves as
defined under the CALM Act.

CHAIN OF TITLE
The documentary title to a parcel of land established by the production of all
deeds and other documents that can establish an entitlement by the applicant
from a chain of conveyances or ownership from the original grantee or a
combination of both, in the order of their dates of execution.

COMMISSIONER or COMMISSIONER OF TITLES
A statutory position created under the TLA.

CLOSED ROAD
A road may be closed in a number of different ways. Refer Chapter 5. Once
disposed, the land the subject of the closed road may be disposed to adjoining
landowners by sale and amalgamated into their land.

CLT
Certificate of Crown land title created and registered under the TLA. See
Paragraph 2.3.8 for more information.

CPCWA
Constitutional Powers (Coastal Waters) Act 1979

CROWN LAND
All land, not being alienated land, within the limits of the State of Western
Australia that form the airspace, seabed and subsoil of marine waters and coastal
waters defined as defined under the Commonwealth’s Coastal Waters (State
Powers) Act 1980.

CROWN LAND RECORD (CLR)
An administrative record that used to be maintained by LANDGATE in Crown land
administered under the Land Act 1933 for the recording of certain interests and
tenures issued under the Land Act 1933 between 1989 and 30 March 1998. The
Record was created in the same format as a certificate of title for defined portions
of Crown land. CLRs differ from a certificate of title in that the Crown was always
shown as the registered proprietor and no duplicate CLRs were ever created. All
CLRs have now been transitioned under the LAA as QCLTs.


CROWN LEASE
Any lease issued under an Act or regulation repealed by section 2 of the Land Act
1898, the Land Act 1898 or the Land Act 1933 for a period of 5 years or more
and registered under the TLA.

CROWN GRANT
A deed of grant issued in the name of Her Majesty, granting to the proprietor a
defined portion of Crown land in fee simple. Crown grants are no longer issued
under the LAA. Instead of issuing Crown grants that may then be registered with
the Registrar of Titles and known as a Certificate of Title, freehold land is
conveyed by the issue of a Transfer under the LAA and the registration of a
Transfer document lodged with the Registrar of Titles under the TLA.

CROWN TITLE
Generic term used for all types of land titles for Crown land.

CTC
Crown Title Creation Subsection within Registration of Interests Section of DOLA.

DEALING
This is a specific term used for registration of matters affecting Crown land. When
used as a noun, it means: -
•               A document once registered, that creates, effects, cancels or alters
interests in, or status orders in respect of Crown land; or
•               A Ministerial Order.

DEPOSITED PLAN
This is a plan of subdivision (A2 or A3 size) in relation to Crown or freehold land
that has been deposited with the Registrar of Titles under the TLA.

DOMINANT TENEMENT
The land or interest in land (for example leasehold interest), which enjoys the
benefit of the easement.

DPI
       Department for Planning and Infrastructure

       DPS
The Crown land Document Processing System is a multi user Lotus Notes
application for creating and lodging Crown documents plus recording additional
information for automated customer reports.

ENCUMBRANCES
Are usually endorsed in the Second Schedule of certificates of title or certificates
of Crown land title. Encumbrances are defined in section 4 of the TLA as including
all prior estates interests rights claims and demands which can or may be had
made or set up in to upon or in respect of the land, and a dealing that is
registered under the TLA.
FREEHOLD LAND
Land held in fee simple, whether absolute, conditional or otherwise, of that land.

GPS
Global Positioning System is a satellite based navigation and surveying system
providing any suitably equipped user with position information on a continuous
basis, anywhere in the world.

LAA
Land Administration Act 1997.

LA&PWA
Land Acquisition and Public Works Act 1902

LANDGATE
Western Australian Land Information Authority

LAR
Land Administration Regulations 1998.

MANAGEMENT ORDER
A statutory order passing obligations for care, control and management of Crown
land in accordance with the terms set out in the Management Order. A
management order is not an interest in land, but it can grant to the management
body the ability to grant interests in land where such power is set out in the
management order. See Paragraph 4.5.

MANAGEMENT BODY
An entity being the holder of a management order granted by the Minister for
Lands under the LAA and endorsed on a certificate of Crown land title or qualified
certificate of Crown land title.

MANAGEMENT BODY/ORDER LEASE
A lease issued or granted by a management body over a reserve where that
management body has power to lease in its own legislation and/or as specifically
set out in the Management Order.

MINISTERIAL ORDER
A generic form of order that is made, in an approved form for registration with
the Registrar of Titles, by the Minister for Lands under the LAA. Under section 13
of the LAA, a ministerial order is not subsidiary legislation within the meaning of
the Interpretation Act 1984.

NOITT
A notice of intention to take, formerly known as a notice of intention to take or to
resume, is a notice issued under section 170 of the LAA and served on a
landowner and any person affected by land the subject of a proposed public work.
The notice provides interest holders with the opportunity to formally object to the
taking of the land for the public work.

NTA
Native Title Act 1993 (Commonwealth)

PARs
Public Access Routes
PAWs
Pedestrian Accessways

PRIMARY INTEREST HOLDER
Also defined as “Proprietor” in section 4 of the TLA and is the holder of the
interest in Crown land issued by the Crown under the LAA or other written law.
For example:
•    A local government body holding a management order issued by the Minister
under the LAA of a reserve created under the LAA is the primary interest holder
of that reserve tenure.

•    A port authority vested with Crown land under the Port Authorities Act 1999
by the Governor, is the primary interest holder of that parcel of Crown land.

•    A lessee of a State lease issued by the Minister for Lands under the LAA is
the primary interest holder of that leasehold interest in Crown land.


PRIVATE ROAD
A private road is freehold land (for example an alley, court, lane, road, street,
thoroughfare or yard on alienated land) over which persons have a right of entry
and access to adjoining properties. This can include a right of way created under
section 167A of the TLA. It is shown on a plan or diagram deposited or shown in
an instrument lodged with the Registrar of Titles.

PSLA
Petroleum Submerged Lands Act 1967.

PUBLIC UTILITY SERVICES
Defined in section 3(1) of the LAA and means drainage, electricity, gas,
sewerage, telephone or water services or such other services as are prescribed
for the purposes of this definition. Regulation 3(1) of the Land Administration
Regulations has prescribed the services supplied by a telecommunications
network to be a public utility service.

QCLT
Qualified Certificate of Crown land title. See Paragraph 2.3.8 for more
information.

QSCLT
Qualified Subsidiary Certificate of Crown land title. See Paragraph 2.3.8 for more
information.

REGISTRAR or REGISTRAR OF TITLES
A statutory position created under the TLA.

REQUISITIONS
Written notice made by the Registrar of Titles requiring correction to documents
lodged for registration. Under the written notice, the customer is required to
amend the documents within a specified time. Requisitions are issued pursuant to
section 192 of the TLA.

RESUMPTION ORDER
Gazettal of resumption pursuant to former legislation section 17 Public Works Act,
section 33 Land Acquisition and Public Works Act.
ROAD
Any road that is set aside and used by the public and has been dedicated under
the LAA or any other Act, or at common law. The absolute property in a road is
vested in the name of the Crown.

ROWs
Rights of way

RSB
Registration Services Branch of LANDGATE in Midland Square, Midland. This
Branch is one of several Branches within LANDGATE and has the responsibility for
the registration of all land under the Torrens system of Land Registration in the
State of Western Australia under the TLA. The Registrar of Titles heads this
Branch.

SCLT
Subsidiary Certificate of Crown land title (see Paragraph 2.3.8 for more
information).

SERVIENT TENEMENT
The land which is burdened by the easement. This may include Crown land where
the Minister for Lands has approved the granting of that easement.

SMARTPLAN
SmartPlan Spatial Viewer is the digital replacement of LANDGATE’s analogue
public plans. Refer Paragraph 2.10 of the Survey and Plan Practice Manual.

SMARTREGISTER
This is a project undertaken by LANDGATE to convert all existing paper based
certificates of title (original and duplicate copies) and original certificates of
Crown land title and Qualified certificates of Crown land title into a digital title
which will replace the existing paper title and creates a digital title register and a
system of online digital processing. This process commenced on 11 December
2000. For further information, see Paragraph 1.3.3 of the Land Titles Registration
Practice Manual.

SSLA
Commonwealth of Australia Seas and Submerged Lands Act 1973.

STATE LEASES
A lease of Crown land granted by the Minister for Lands under the LAA. It does
not include other types of leases over Crown land that are granted by other
Government agencies or statutory authorities, for example: management
body/order leases being leases granted by management bodies over Crown
reserved land.

STATUS ORDER
A type of Ministerial Order that does not create an interest in land - a Ministerial
order that creates a form of statutory tenure, for example: an Order creating a
reserve, an Order classifying a reserve or a class A reserve, an Order placing the
care, control and management of a reserve with a management body or an Order
dedicating or closing roads.
TAKING ORDER
A taking order, formerly known as a Resumption Order, can be issued by the
Minister or any statutory body with power to issue taking orders under section
177 of the LAA.

TLA
Transfer of Land Act 1893

TP&DA
Town Planning and Development Act 1928

TENURE
Tenure means the manner of possessing or holding Crown land for a specific
purpose or purposes, for example: reserve tenure, road tenure.

TRANSITIONAL PERIOD
This is a period of 5 years from 30 March 1998 enabling all dealings in relation to
Crown land to be registered or recorded under the TLA. Any interest holder who
has failed to register his interest or record his claim to that interest within the 5-
year period of time will lose priority against a prior registered interest. Where
there is a conflicting registered interest, that prior unregistered interest will be
void. Failure to register that interest within the 5-year Transitional Period will not
automatically void that interest. That dealing will still be valid and enforceable in
a Court of Law and may still be registered at any time after that 5-year period
subject to any prior registered interests.
See Paragraph 2.3.11.2 for further information.

UNALLOCATED CROWN LAND
Formerly known as vacant Crown land is Crown land that is not subject to any
interest (other than Native title interests under the Native Title Act 1993) and
which is not reserved or declared or otherwise dedicated under the LAA or any
other Act.

VGO
Valuer General’s Office

WAPC
Western Australian Planning Commission, a statutory body corporate and agent of
the Crown in right of the State, established under section 4 of the Western
Australian Planning Commission Act 1985.

				
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