Western Australian Consolidated Regulations

WAR SERVICE LAND SETTLEMENT SCHEME REGULATIONS 1954 - REG 23

23 .         Purchase of fee simple

        (1)         Unless the conditions require otherwise the lessee of a tenure of perpetual leasehold of land demised by instrument of lease under the scheme may, subject to — 

            (a)         the conditions;

            (b)         the provision, if applicable to the land, of section 8(5) of the Act relating to mineral rights;

            (c)         any mortgage or other encumbrance if any affecting the land;

            (d)         the provisions of the regulations for the time being in force where applicable; and

            (e)         compliance with the provisions of the lease instrument,

                after the expiration of a period of 10 years from the commencement of the term of the perpetual lease or such shorter period as the Commonwealth and the State have determined or may determine where special circumstances exist and on payment of such purchase price for the fee simple as is fixed under the scheme by the Minister in accordance with the conditions purchase the fee simple in the land and on completion of the purchase is entitled to surrender the lease instrument and obtain in place of it a Crown Grant of the fee simple in the land.

        (2)         Subject to the conditions the following terms apply to the purchase of the fee simple in the land at any time and from time to time during the period of 10 years from the commencement of the term of the lease — 

            (a)         Instalments of purchase money on account of the purchase may be paid in advance if all the commitments to be paid by the lessee under the lease have been met but the instalments shall not exceed in the aggregate 90% of the purchase price for the fee simple and on making payment of an amount on account of the purchase price interest on the amount so paid by him ceases to accrue.

            (b)         Instalments paid in advance shall not be withdrawn by the lessee.

            (c)         The lessee shall not be entitled to any adjustment of the rental payable under the terms of the lease consequent upon the payment of instalments of purchase money in advance.

            (d)         Advance payments of purchase money may be appropriated by the Minister in payment of arrears or rent, interest on other moneys payable to the Minister by the lessee.

            (e)         The obtaining of the fee simple by the lessee as provided in this regulation shall be subject to the surrender by him of the perpetual lease and payment of the sum then required to complete payment of the purchase price together with the necessary fees.

        [Regulation 23 amended in Gazette 23 Nov 1955 p. 2865; 30 Aug 1957 p. 2636; 1 Nov 1961 p. 5042.]