State Leases by equalityluvv


									    Department for Planning and Infrastructure       The Land Administration Act 1997                             section 48 may be for a purpose different to, but               ensure compliance with lease conditions or to ensure
    Government of Western Australia                                                                               compatible with or ancillary to, the reserve purpose and        rehabilitation of the land at the end of the lease term.
                                                     The Land Administration Act 1997 (LAA) is the State’s        cannot be mortgaged.
                                                     legislation dealing with the disposition of Crown land.                                                                      In WA, there are over 1,400 general leases currently in
                                                     The LAA is administered by the Minister for Planning         Section 46 of the LAA empowers the Minister to                  place for over 250 different purposes.
                                                     and Infrastructure, in her statutory role as the Minister    include leasing powers in Management Orders granted
                                                     for Lands, assisted by the Department for Planning and       over reserves. Under this provision, for example, local         Conditional purchase leases
                                                     Infrastructure.                                              government can often lease managed reserves, typically
                                                                                                                                                                                  Section 80 of the LAA provides for leases to be granted
                                                                                                                  for terms up to 21 years and for purposes consistent
                                                                                                                                                                                  over Crown land for any purpose and for any term, with
                                                     Parts 4, 5 and 6 of the LAA provide for the granting and     with the reserve’s purpose.
                                                                                                                                                                                  freehold title issuing when development conditions have
                                                     administration of leases over unmanaged reserves, Crown
                                                                                                                                                                                  been complied with and the purchase price has been paid.
State Land Services                                  land, and public roads. Part 7 deals with pastoral leases,   Pastoral leases
                                                                                                                                                                                  The purchase price may be paid by way of instalments, as
State Leases                                     9   and Part 9 allows leasing of land acquired for a public
                                                     purpose but not immediately required for that purpose.
                                                                                                                  Part 7 of the LAA provides for the Minister to grant
                                                                                                                  pastoral leases and sets out the terms and conditions under
                                                                                                                                                                                  lease rental.

                                                                                                                  which such leases may be developed and administered.            Conditional purchase leases are used primarily in relation
                                                     The War Service Land Settlement Scheme                       All existing pastoral leases have terms expiring on 30          to sale of lots in townsites for residential, industrial or
                                                     Act 1954                                                     June 2015. The LAA provides for the establishment of a          commercial purposes, where development conditions
                                                                                                                  Pastoral Lands Board to oversee the administration of           must be complied with prior to freeholding.
                                                     The War Service Land Settlement Scheme Act 1954              such leases.
                                                     enabled the State to effect war service land settlement                                                                      The Land Act 1933 scheme for conditional purchase
                                                     and provides for the administration of leases granted        The LAA stipulates a maximum area of 500,000 hectares           leases over agricultural land has been discontinued.There
                                                     under that scheme. The Department is responsible for         which may be held under this part by one party. Pastoral        have been no releases under this scheme since the 1970s,
                                                     administering such leases.                                   leases often contain more than 100,000 hectares.                when stocks of Crown land suitable for farming were
                                                                                                                  Over one third of the State’s area of 2,527,620 square          exhausted. Such leases continue in existence under the
                                                     Types of leases                                              kilometres is subject to pastoral leasing. There are over       LAA’s transitional provisions. There are currently about
                                                                                                                  500 pastoral leases in existence.                               50 such leases remaining in WA.
                                                     Leases to Commonwealth, State and
                                                     local government authorities                                 General leases                                                  Leases over roads
                                                     Section 86 of the LAA empowers the State to grant            Part 6 of the LAA provides that the Minister for Lands may      Part 5 of the LAA also allows for the Minister to grant
                                                     leases to the Commonwealth and its agencies, other           grant leases over any Crown land for any purpose for any        leases over, under or on roads for any compatible purpose,
                                                     State agencies and local governments. Such leases may be     term. This includes light industrial, commercial, residential   including the construction of subways and bridges, parking
                                                     made by private treaty.                                      and primary industry purposes such as market gardens,           or the provision of pipes, cables, transmission lines or
The strategic and                                    Leases to Aboriginal parties
                                                                                                                  fishing operations, etc. Leases may contain conditions          other services.

operational management                               Section 83 of the LAA empowers the Minister to grant
                                                                                                                  allowing options to renew or purchase freehold title.
                                                                                                                  Leases may be converted to freehold title upon application
                                                                                                                                                                                  Perpetual leases

of State land                                        leases for a fixed term or in perpetuity to Aboriginal
                                                     parties. Recent examples of such leases are perpetual
                                                                                                                  to the Department, subject to development being
                                                                                                                  sufficient, planning and land management considerations
                                                                                                                                                                                  Leases granted under the provisions of the War Service
                                                                                                                                                                                  Land Settlement Scheme Act (1954) over agricultural land
                                                     leases over living areas.                                    supporting freehold tenure and the current market price         are for a perpetual term. Rent and freehold conversion
                                                                                                                  for land being paid.                                            price are fixed at the time the lease is granted and remain
                                                     Leases of reserves                                                                                                           fixed in perpetuity. There are presently about 490 such
                                                                                                                  Leases may also be surrendered back to the State when           leases in existence in WA.
                                                     Sections 47 and 48 of the LAA enable the Minister to         no longer required. In addition, most leases contain
                                                     lease unmanaged reserves for any term.                                                                                       Public works leases
gInformation                         APRIL2008                                                                    conditions providing for forfeiture of the lease back to
                                                                                                                  the State for non-payment of rent or breach of the lease        Land and property acquired under part 9 of the Act may
                Leases under section 47 must be in accordance with the       conditions. A performance bond or bank guarantee may
                                                     reserve purpose and may be mortgaged. Leases under                                                                           be leased until such time as it is required for the relevant
                                                                                                                  also be established at the commencement of a lease to           public work.
Houses and commercial retail properties leased under        Upon payment of rental in advance, costs and statutory           If satisfied that the proposal is feasible, the Regional                     Where to get help
the Act are also subject to the Residential Tenancies Act   fees and following survey action and other factors, the          Manager will initiate a process of consultation with a
1987 and the Commercial Tenancy (Retail Shop) Agreements    Department prepares the lease document for lodgement             series of relevant authorities to determine whether the                      Further advice can be obtained from State Land Services.
Act 1985. There are about 55 of these leases currently in   with Landgate, for registration against the relevant Crown       leasing proposal should proceed, under what conditions,
existence.                                                  land title.                                                      for what term of years and at what rental.                                   State Land Services is located at:
                                                            Rent is fixed by the Department in consultation with the                                                                                      1 Midland Square
Profits a prendre                                                                                                            What fees and charges will I pay?
                                                            Valuer General and is reviewed regularly. Rent is generally                                                                                   MIDLAND WA 6056
Under sections 48 and 91 of the LAA, the Minister may       based on current market value unless circumstances               Costs will vary substantially from case to case. Subject                     Postal Address:
grant profits a prendre over unmanaged reserves and         determine otherwise. With respect to property leases             to variation of statutory fees from time to time and the                     State Land Services
unallocated Crown land. A “profit a prendre” is a right     over public works land (under section 192 of the LAA), the       circumstances of each case, costs may be incurred in                         Department for Planning and Infrastructure
granted by a landowner to another person to take the        Department is generally responsible for the maintenance          relation to the following:                                                   PO Box 1575
produce from the land, e.g., a right of pasture.            of the buildings on that land.                                                                                                                MIDLAND WA 6936
                                                                                                                                1. Document preparation                 Details are available
                                                            Leases of townsite lands                                                                                                                      Phone: (08) 9347 5000
The Minister may determine the fees and conditions to                                                                           2. Registration of document             by contacting the
be applied and may fix or extend the duration of such                                                                                                                                                     Fax: (08) 9347 5008
                                                                                                                                                                        relevant State Land
an agreement. Profits a prendre under the LAA do not        As a result of the June 2001 Machinery of Government                3. Rental                               Services Manager.                 Email:
include forest produce or minerals.                         Taskforce report, the former Department of Land                     4. Survey costs
                                                                                                                                                                                                                   Department for Planning and Infrastructure
                                                              g transferred the responsibility for active and planned        How long will the process take?                                                       Government of Western Australia
Under sections 48 and 91 of the LAA, the Minister may
                                                                capital works land development projects to
grant licences in respect of unmanaged reserves and                                                                          Depending on the complexities involved, the time taken
                                                                LandCorp; and
Crown land in relation to short-term, non-exclusive                                                                          to finalise each lease varies considerably from case to
use.                                                          g transferred the majority of its developed land stock         case with delaying factors including the following:
                                                                to LandCorp.
Methods of release                                          Consequently State Land Services is, in the main, no               g consultation with a range of planning
The Minister may grant leases by public auction, public     longer responsible for the development and sale or                   and management bodies (e.g., Department
tender or private treaty. Agents may also be engaged on     leasing of government land for residential, commercial               of Environment, Western Australian Planning
commission to lease land on the Department’s behalf.        and industrial purposes. However, State Land Services                Commission, Department of Industry and
                                                            still plays a significant role in the administration, assembly       Resources, relevant local government
Property in leases                                          and allocation of Crown land and provides State land                 and community groups);
                                                            allocation solutions in accordance with the provisions of          g survey and/or plan production;
Section 92 provides that any improvements remaining on
a lease after the lease terminates becomes the property     the LAA.                                                           g disputes over rental;
of the State except:                                                                                                           g changes to existing tenures;
                                                            Lease policies
                                                                                                                               g legal complexities; and
  g Where an option to renew the lease is exercised                                                                            g procedural requirements of the commonwealth
                                                            The Department has a range of policies relating to the
  g Where a new lease is granted to the former lessee       leasing of Crown land. Further information in this regard            Native Title Act 1993.
  g Where the lease is converted to freehold                is available from State Land Services.
                                                                                                                             Further information?
What is the Department’s role?                              How do I get a lease?                                                                                                                             The strategic and
                                                                                                                             This information has been prepared to assist in the                              operational management
The Department’s State Land Services (SLS) Business         The Department regularly leases land for a range of              understanding of the State leasing process and is intended                       of State land
Unit is responsible for the release, negotiation of terms   purposes. Information on land availability for leasing and       as a general guide only.
and conditions, and administration of leases over Crown     circumstances under which it might be leased, is available
land, including regular inspections to ensure compliance    from State Land Services. Submissions for leasing of
with lease conditions.                                      specific areas of Crown land should be made to the                                                                                      
                                                            relevant Regional Manager. Full details must be supplied.                          Photography by Scott Bycroft, Tourism WA & Scott Ozolins

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