Western Australian Consolidated Acts

LAND ADMINISTRATION ACT 1997 - SECT 89

89 .         Certain lessees of Crown land may purchase, or purchase options to purchase, Crown land

        (1)         The holder of a lease, other than a pastoral lease, of any Crown land may apply to the Minister to purchase —

            (a)         the fee simple of the Crown land; or

            (b)         an option to purchase that fee simple.

        (2)         The Minister may grant or refuse to grant an application made under subsection (1).

        (3)         If the Minister grants an application under subsection (1), the applicant is entitled, on payment of a price fixed by the Minister for the sale of —

            (a)         the fee simple and on compliance with such conditions, if any, as are prescribed, to obtain in lieu of the lease the fee simple of the relevant Crown land; or

            (b)         the option and on compliance with such conditions, if any, as are prescribed, to obtain an option to purchase the fee simple of the relevant Crown land.

        (4)         If the lease is mortgaged, is affected by another interest or is subject to a caveat and the lessee, during the continuance of the mortgage, other interest or caveat, becomes entitled under subsection (3), the mortgage, other interest or caveat is by operation of this subsection transferred to and applies to the fee simple when purchased in all respects as if the fee simple had been referred to in the mortgage, other interest or caveat and has the same effect in respect of the fee simple as if it were a mortgage, other interest or caveat under the TLA.

        [Section 89 amended by No. 59 of 2000 s. 21.]