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This is a Bill, not an Act. For current law, see the Acts databases.


LAND LEGISLATION AMENDMENT BILL 2014

                    Western Australia


 Land Legislation Amendment Bill 2014

                        Contents

      Part 1 -- Preliminary
1.    Short title                                             2
2.    Commencement                                            2
      Part 2 -- Land Information Authority
           Act 2006 amended
3.    Act amended                                             3
4.    Section 94A inserted                                    3
      94A.     Review to include consideration of
               fee-setting                               3

      Part 3 -- Registration of Deeds
           Act 1856 amended
5.    Act amended                                             5
6.    Sections 22AA and 22AB inserted                         5
      22AA.    Certain prescribed fees may exceed cost
               recovery                                  5
      22AB.    Expiry of section 22AA                    5

      Part 4 -- Strata Titles Act 1985
           amended
7.    Act amended                                             7
8.    Sections 131A and 131B inserted                         7
      131A.    Certain prescribed fees may exceed cost
               recovery                                  7
      131B.    Expiry of section 131A                    7

      Part 5 -- Transfer of Land Act 1893
           amended
9.    Act amended                                             9
10.   Sections 182AA and 182AB inserted                       9

                         101--1                               page i
Land Legislation Amendment Bill 2014



Contents



             182AA.   Prescribed fees may exceed cost recovery   9
             182AB.   Expiry of section 182AA                    9

             Part 6 -- Valuation of Land Act 1978
                  amended
      11.    Act amended                                              11
      12.    Sections 50 and 51 inserted                              11
             50.      Prescribed fees may exceed cost recovery   11
             51.      Expiry of section 50                       11




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


       Land Legislation Amendment Bill 2014

                               A Bill for


An Act to amend the following Acts --
 the Land Information Authority Act 2006;
 the Registration of Deeds Act 1856;
 the Strata Titles Act 1985;
 the Transfer of Land Act 1893;
 the Valuation of Land Act 1978.



The Parliament of Western Australia enacts as follows:




                                                         page 1
    Land Legislation Amendment Bill 2014
    Part 1          Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Land Legislation Amendment Act 2014.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) Part 1 -- on the day on which this Act receives the
7                   Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation.




    page 2
                                         Land Legislation Amendment Bill 2014
                    Land Information Authority Act 2006 amended        Part 2

                                                                               s. 3



1                 Part 2 -- Land Information Authority
2                          Act 2006 amended
3    3.     Act amended
4           This Part amends the Land Information Authority Act 2006.

5    4.     Section 94A inserted
6           At the end of Part 6 Division 2 insert:
7


8         94A.      Review to include consideration of fee-setting
9           (1)     Without limiting section 93, in the course of each
10                  review carried out under that section the Minister is
11                  also to consider and have regard to --
12                    (a) how the fees prescribed for the purposes of the
13                          following Acts have been calculated during the
14                          period covered by the review --
15                             (i) the Registration of Deeds Act 1856;
16                            (ii) the Strata Titles Act 1985;
17                           (iii) the Transfer of Land Act 1893;
18                           (iv) the Valuation of Land Act 1978;
19                          and
20                    (b) whether, since the last review carried out under
21                          that section, the Authority has achieved
22                          efficiencies in its operations that would enable
23                          the fees referred to in paragraph (a) to be
24                          reduced or not increased.
25          (2)     For the purposes of subsection (1)(a), the things that
26                  the Minister is to consider and have regard to
27                  include --
28                    (a) the principles and methodologies applied in
29                          determining the prescribed fees; and


                                                                             page 3
     Land Legislation Amendment Bill 2014
     Part 2          Land Information Authority Act 2006 amended

     s. 4



1                    (b)    how those principles and methodologies were
2                           applied in determining the amount of each
3                           prescribed fee.
4             (3)   Subsection (1) ceases to apply in relation to fees
5                   prescribed for the purposes of an Act listed in
6                   subsection (1)(a) if the provision of that Act referred to
7                   in subsection (5) expires.
8             (4)   This section expires on a day fixed by proclamation.
9             (5)   The day fixed under subsection (4) must not be before
10                  all of the following provisions have expired --
11                    (a) the Registration of Deeds Act 1856
12                           section 22AA;
13                    (b) the Strata Titles Act 1985 section 131A;
14                    (c) the Transfer of Land Act 1893 section 182AA;
15                    (d) the Valuation of Land Act 1978 section 50.
16




     page 4
                                         Land Legislation Amendment Bill 2014
                      Registration of Deeds Act 1856 amended           Part 3

                                                                              s. 5



1         Part 3 -- Registration of Deeds Act 1856 amended
2    5.      Act amended
3            This Part amends the Registration of Deeds Act 1856.

4    6.      Sections 22AA and 22AB inserted
5            After section 22 insert:
6


7          22AA. Certain prescribed fees may exceed cost recovery
8            (1)   Regulations made under section 22 prescribing a fee
9                  that may be charged by the Registrar of Deeds and
10                 Transfers may prescribe a fee that is more than the
11                 amount, or an estimate of the amount, needed to allow
12                 recovery of expenditure --
13                   (a) incurred in connection with the matter in
14                        relation to which the fee is charged; or
15                   (b) that is relevant to --
16                           (i) the scheme or system under which the
17                                action to which the fee relates is taken;
18                                or
19                          (ii) the performance of any function to
20                                which the fee relates.
21           (2)   This section does not limit the Interpretation Act 1984
22                 section 45A.

23         22AB.   Expiry of section 22AA
24           (1)   Section 22AA expires at the end of 31 December 2019.
25           (2)   However, the Governor, on the recommendation of the
26                 Minister, may, by proclamation made before
27                 section 22AA expires, postpone the expiry of
28                 section 22AA until the end of a date specified in the



                                                                        page 5
     Land Legislation Amendment Bill 2014
     Part 3          Registration of Deeds Act 1856 amended

     s. 6



1                   proclamation, and in that case that section expires at
2                   the end of that date.
3             (3)   The Minister cannot make a recommendation under
4                   subsection (2) unless the Minister is satisfied, on the
5                   basis of the most recent report laid before each House
6                   of Parliament under the Land Information Authority
7                   Act 2006 section 93(2), that the expiry of section 22AA
8                   should be postponed.
9             (4)   There is no limit on the number of times the expiry of
10                  section 22AA may be postponed, but each
11                  postponement cannot be for longer than 5 years
12                  beginning on the day after the most recent date on
13                  which section 22AA would expire if that expiry were
14                  not postponed.
15            (5)   The Interpretation Act 1984 section 42 applies to and
16                  in relation to a proclamation made under subsection (2)
17                  as if the proclamation were a regulation.
18            (6)   The expiry of section 22AA does not affect the validity
19                  of any regulations made under section 22 and in effect
20                  immediately before that expiry.
21




     page 6
                                        Land Legislation Amendment Bill 2014
                                Strata Titles Act 1985 amended        Part 4

                                                                               s. 7



1            Part 4 -- Strata Titles Act 1985 amended
2    7.     Act amended
3           This Part amends the Strata Titles Act 1985.

4    8.     Sections 131A and 131B inserted
5           After section 130 insert:
6


7         131A.   Certain prescribed fees may exceed cost recovery
8           (1)   Regulations made under section 130 prescribing a fee
9                 payable to the Registrar of Titles may prescribe a fee
10                that is more than the amount, or an estimate of the
11                amount, needed to allow recovery of expenditure --
12                  (a) incurred in connection with the matter in
13                         relation to which the fee is charged; or
14                  (b) that is relevant to --
15                           (i) the scheme or system under which the
16                                 action to which the fee relates is taken;
17                                 or
18                          (ii) the performance of any function to
19                                 which the fee relates.
20          (2)   The definition of scheme in section 3(1) does not apply
21                to subsection (1).
22          (3)   This section does not limit the Interpretation Act 1984
23                section 45A.

24        131B.   Expiry of section 131A
25          (1)   Section 131A expires at the end of 31 December 2019.
26          (2)   However, the Governor, on the recommendation of the
27                Minister, may, by proclamation made before
28                section 131A expires, postpone the expiry of


                                                                          page 7
     Land Legislation Amendment Bill 2014
     Part 4          Strata Titles Act 1985 amended

     s. 8



1                   section 131A until the end of a date specified in the
2                   proclamation, and in that case that section expires at
3                   the end of that date.
4             (3)   The Minister cannot make a recommendation under
5                   subsection (2) unless the Minister is satisfied, on the
6                   basis of the most recent report laid before each House
7                   of Parliament under the Land Information Authority
8                   Act 2006 section 93(2), that the expiry of section 131A
9                   should be postponed.
10            (4)   There is no limit on the number of times the expiry of
11                  section 131A may be postponed, but each
12                  postponement cannot be for longer than 5 years
13                  beginning on the day after the most recent date on
14                  which section 131A would expire if that expiry were
15                  not postponed.
16            (5)   The Interpretation Act 1984 section 42 applies to and
17                  in relation to a proclamation made under subsection (2)
18                  as if the proclamation were a regulation.
19            (6)   The expiry of section 131A does not affect the validity
20                  of any regulations made under section 130 and in effect
21                  immediately before that expiry.
22




     page 8
                                         Land Legislation Amendment Bill 2014
                             Transfer of Land Act 1893 amended         Part 5

                                                                               s. 9



1          Part 5 -- Transfer of Land Act 1893 amended
2    9.      Act amended
3            This Part amends the Transfer of Land Act 1893.

4    10.     Sections 182AA and 182AB inserted
5            After section 181 insert:
6


7          182AA. Prescribed fees may exceed cost recovery
8            (1)   Regulations made under section 181 prescribing a fee
9                  may prescribe a fee that is more than the amount, or an
10                 estimate of the amount, needed to allow recovery of
11                 expenditure --
12                   (a) incurred in connection with the matter in
13                        relation to which the fee is charged; or
14                   (b) that is relevant to --
15                           (i) the scheme or system under which the
16                                 action to which the fee relates is taken;
17                                 or
18                          (ii) the performance of any function to
19                                 which the fee relates.
20           (2)   This section does not limit --
21                  (a) the Interpretation Act 1984 section 45A; or
22                  (b) the extent to which fees prescribed under
23                        section 181 may take into account the
24                        indemnity of any amount payable out of the
25                        Consolidated Account under Part XII that is not
26                        recovered under Part XI.

27         182AB. Expiry of section 182AA
28           (1)   Section 182AA expires at the end of
29                 31 December 2019.

                                                                         page 9
     Land Legislation Amendment Bill 2014
     Part 5          Transfer of Land Act 1893 amended

     s. 10



1              (2)   However, the Governor, on the recommendation of the
2                    Minister, may, by proclamation made before
3                    section 182AA expires, postpone the expiry of
4                    section 182AA until the end of a date specified in the
5                    proclamation, and in that case that section expires at
6                    the end of that date.
7              (3)   The Minister cannot make a recommendation under
8                    subsection (2) unless the Minister is satisfied, on the
9                    basis of the most recent report laid before each House
10                   of Parliament under the Land Information Authority
11                   Act 2006 section 93(2), that the expiry of
12                   section 182AA should be postponed.
13             (4)   There is no limit on the number of times the expiry of
14                   section 182AA may be postponed, but each
15                   postponement cannot be for longer than 5 years
16                   beginning on the day after the most recent date on
17                   which section 182AA would expire if that expiry were
18                   not postponed.
19             (5)   The Interpretation Act 1984 section 42 applies to and
20                   in relation to a proclamation made under subsection (2)
21                   as if the proclamation were a regulation.
22             (6)   The expiry of section 182AA does not affect the
23                   validity of any regulations made under section 181 and
24                   in effect immediately before that expiry.
25




     page 10
                                             Land Legislation Amendment Bill 2014
                              Valuation of Land Act 1978 amended           Part 6

                                                                               s. 11



1          Part 6 -- Valuation of Land Act 1978 amended
2    11.         Act amended
3                This Part amends the Valuation of Land Act 1978.

4    12.         Sections 50 and 51 inserted
5                At the end of Part V insert:
6


7          50.         Prescribed fees may exceed cost recovery
8                (1)   Regulations made under section 49 prescribing a fee
9                      may prescribe a fee that is more than the amount, or an
10                     estimate of the amount, needed to allow recovery of
11                     expenditure --
12                       (a) incurred in connection with the matter in
13                            relation to which the fee is charged; or
14                       (b) that is relevant to --
15                               (i) the scheme or system under which the
16                                     action to which the fee relates is taken;
17                                     or
18                              (ii) the performance of any function to
19                                     which the fee relates.
20               (2)   This section does not limit the Interpretation Act 1984
21                     section 45A.

22         51.         Expiry of section 50
23               (1)   Section 50 expires at the end of 31 December 2019.
24               (2)   However, the Governor, on the recommendation of the
25                     Minister, may, by proclamation made before section 50
26                     expires, postpone the expiry of section 50 until the end
27                     of a date specified in the proclamation, and in that case
28                     that section expires at the end of that date.



                                                                            page 11
     Land Legislation Amendment Bill 2014
     Part 6          Valuation of Land Act 1978 amended

     s. 12



1              (3)   The Minister cannot make a recommendation under
2                    subsection (2) unless the Minister is satisfied, on the
3                    basis of the most recent report laid before each House
4                    of Parliament under the Land Information Authority
5                    Act 2006 section 93(2), that the expiry of section 50
6                    should be postponed.
7              (4)   There is no limit on the number of times the expiry of
8                    section 50 may be postponed, but each postponement
9                    cannot be for longer than 5 years beginning on the day
10                   after the most recent date on which section 50 would
11                   expire if that expiry were not postponed.
12             (5)   The Interpretation Act 1984 section 42 applies to and
13                   in relation to a proclamation made under subsection (2)
14                   as if the proclamation were a regulation.
15             (6)   The expiry of section 50 does not affect the validity of
16                   any regulations made under section 49 and in effect
17                   immediately before that expiry.
18


19




 


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