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


TAMALA PARK LAND TRANSFER BILL 2001

                        Western Australia


     Tamala Park Land Transfer Bill 2001


                           CONTENTS



1.     Short title                                             1
2.     Commencement                                            2
3.     Interpretation                                          2
4.     Portions of the City of Perth's share of Tamala Park
       land transferred                                        2
5.     Registrar of Titles to register transfers               2
6.     Transfers to be for no consideration                    3
7.     Stamp duty exemption                                    3
8.     Certain agreements prohibited                           3
9.     Legal proceedings precluded                             3




                                                              page i
                             20 -- 1
                           Western Australia


                      LEGISLATIVE ASSEMBLY



        Tamala Park Land Transfer Bill 2001


                               A Bill for


An Act to transfer certain shares in land at Tamala Park to the
Towns of Cambridge, Victoria Park and Vincent.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Tamala Park Land Transfer Act
        2001.




                                                                  page 1
     Tamala Park Land Transfer Bill 2001



     s. 2




     2.         Commencement
                This Act comes into operation on the day on which it receives
                the Royal Assent.

     3.         Interpretation
5               In this Act, unless the contrary intention appears --
                "Registrar of Titles" means the Registrar of Titles appointed
                     under the Transfer of Land Act 1893;
                "Tamala Park land" means lot 17 on plan 12488 and being the
                     whole of the land comprised in Certificate of Title
10                   Volume 2202 Folio 113.

     4.         Portions of the City of Perth's share of Tamala Park land
                transferred
          (1)   One quarter of the City of Perth's share of the Tamala Park land
                is, by force of this section, transferred to the Town of
15              Cambridge as a tenant in common.
          (2)   One quarter of the City of Perth's share of the Tamala Park land
                is, by force of this section, transferred to the Town of Victoria
                Park as a tenant in common.
          (3)   One quarter of the City of Perth's share of the Tamala Park land
20              is, by force of this section, transferred to the Town of Vincent as
                a tenant in common.
          (4)   The transfers effected by subsections (1), (2) and (3) are subject
                to the limitations, interests, encumbrances and notifications
                noted on the certificate of title of the Tamala Park land on
25              10 April 2001 but free of all other encumbrances.

     5.         Registrar of Titles to register transfers
          (1)   The Registrar of Titles is to register the transfers effected by
                section 4.


     page 2
                                              Tamala Park Land Transfer Bill 2001



                                                                                 s. 6



          (2)   Section 242 of the Transfer of Land Act 1893 does not apply to
                the transfers effected by section 4.
          (3)   For the purposes of subsection (1), the Registrar of Titles may
                dispense with the production of the duplicate certificate of title
5               for the Tamala Park land.

     6.         Transfers to be for no consideration
          (1)   The transfers effected by section 4 are for no consideration.
          (2)   The City of Perth is not entitled to be compensated in respect of
                the transfers effected by section 4.

10   7.         Stamp duty exemption
                The transfers effected by section 4 are exempt from duty under
                the Stamp Act 1921.

     8.         Certain agreements prohibited
          (1)   In the period beginning on 7 May 2001 and ending immediately
15              before the transfers effected by section 4 are registered, the City
                of Perth must not --
                  (a) deal with the City of Perth's share in the Tamala Park
                        land; or
                  (b) enter into any agreement that creates, effects, cancels or
20                      alters any interest in, or that otherwise affects or relates
                        to, the City of Perth's share in the Tamala Park land,
                without the prior written approval of the Minister.
          (2)   A dealing or agreement entered into in contravention of
                subsection (1) is void.

25   9.         Legal proceedings precluded
                No proceedings seeking the grant of any relief or remedy in the
                nature of certiorari, mandamus or prohibition, or the grant of
                any declaration or injunction, may be brought against a person

                                                                             page 3
Tamala Park Land Transfer Bill 2001



s. 9



         in respect of the operation of this Act or any act, matter or thing
         effected, required or permitted by this Act.




 


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