Western Australian Consolidated Acts Western Australian Consolidated Acts (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) 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 him or her 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 by 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).]