Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an eligible
person —
(a) in
the case of land vested in the Crown, is authorised by the Crown to occupy
that land under a lease, licence or concession granted by the Crown or any
other arrangement;
(b)
occupies land on which the person is and remains liable to pay prescribed
charges, if that occupation occurs —
(i)
following the death of a person, and during the
distribution of the estate of the deceased or under the terms of a deed of
arrangement varying that distribution; and
(ii)
by reason that the eligible person, under that
distribution —
(A) as a beneficiary, has a prospective
entitlement to the fee simple in that land;
(B) is a life tenant, on whom is conferred
the right to occupy the land; or
(C) is entitled under the will of the
deceased to occupy the land;
(c)
being by reason of ill-health, frailty or other cause dependant for care on
others, occupies that land under the terms of a deed, or of a trust, which
was, in the opinion of the administrative authority, entered into to safeguard
the interests of that person;
(d) as a
shareholder in a corporation which, at the coming into operation of this Act,
owned the land, has conferred upon them by virtue of that shareholding an
express entitlement to occupy that land or a specific part of the land, and
that shareholding was acquired by that person —
(i)
before the coming into operation of this Act; or
(ii)
after the coming into operation of this Act, subject to
subsection (2), from a previous shareholder;
or
(e) is
entitled, by reason of having agreed to purchase the land under a contract of
sale notwithstanding that title has not passed to that person from the vendor,
to possession of the land,
that person has an
interest in the land which is to be taken to be relevant for the purposes of
this Act.
(2) Where an
entitlement as regards any land belonging to a person as a shareholder in a
corporation was registered by reason of the operation of
subsection (1)(d), if that person disposes of the whole of that
shareholding to another eligible person who applies for a similar entitlement
to be registered that other person may be deemed to have a relevant interest
in the land notwithstanding that the shareholding was acquired after the
coming into operation of this Act.
[Section 29 amended by No. 25 of 1993
s. 8; No. 22 of 1998 s. 22.]