Crown Land Administration and. Registration Practice Manual

Transcription

1 Crown Land Administration and Published Foreword The Crown Land Administration and is a best practice initiative which aims to set in place standards and guidelines for the administration and registration of Crown land in Western Australia. It has been developed in response to requests from our stakeholders for more information on the way Crown land is administered. Western Australia has around 38% of the nation s Crown lands. 93% of the State is Crown land whether unallocated or subject to reservation, dedication or leasing. These statistics illustrate both the opportunities and the challenges facing government land administration in Western Australia. The manual is intended to promote transparency and good governance in the administration of Crown land and conveyancing and registration of Crown land transactions under the Land Administration Act 1997 and the Transfer of Land Act In developing this resource, a considerable level of advice, contribution and verification of current practice and procedure by many staff and our friends in Local Government must be acknowledged. Without their valued and experienced input, an authoritative, user friendly and accurate version would not have been possible. This is a dynamic publication and will continue to evolve and improve to reflect changes in legislation and practice and procedure. We welcome your feedback for improvements to the manual. Disclaimer and Copyright The information contained in this manual is distributed by the Department of Lands (DoL) through the DoL website as a guide or information source only. Various factors beyond the control of DoL can affect the quality or accuracy of the information and products. Whilst every effort has been made to ensure accuracy and completeness, no guarantee is given nor responsibility taken by DoL for errors or omissions in the manual. DoL do not accept any liability for any loss or damage incurred as a result of the use of, or reliance upon the information provided in this manual or incorporated into it by reference. Important: The information in this manual should not be regarded as legal advice. In all matters, users should seek legal advice from an independent legal practitioner. On-Line Note: The DoL web-server provides links to other Internet sites. These external information sources are outside the control of DoL control and it is the responsibility of Internet users to make their own decisions about the accuracy, reliability, suitability, and correctness of information found. This manual and its contents are protected by the Copyright Act 1968, and the copyright in this manual belongs to the State of Western Australia. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use and use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. No part may be downloaded and/or reproduced if it is to be on-sold or licensed and no person who downloads or reproduces any part is to seek any payment for information so obtained. Requests for further authorisation should be addressed to the Executive Director, Strategy and Reform, PO Box 1143, West Perth WA, Crown Land Administration &

2 TABLE OF CONTENTS Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Preliminary and general information General administration and registration of Crown interests and tenure changes in Western Australia Appeals to Governor Reserves Roads Sales, leases, licences etc of Crown land Pastoral leases Easements Compulsory acquisition of interests in land Compensation General Repeals, transitionals, savings and validation Contaminated sites on Crown Land Glossary Crown Land Administration &

3 CROWN LAND ADMINISTRATION AND REGISTRATION PRACTICE MANUAL CHAPTER 01 PRELIMINARY AND GENERAL INFORMATION TABLE OF CONTENTS 1. PRELIMINARY AND GENERAL INFORMATION THE SCHEME THE LEGISLATION AND ITS PURPOSE A SINGLE REGISTRATION SYSTEM FOR BOTH CROWN AND FREEHOLD LAND NATIVE TITLE ISSUES GENERAL ADMINISTRATION AND REGISTRATION OF CROWN INTERESTS AND TENURE CHANGES IN WESTERN AUSTRALIA INTRODUCTION CROWN LAND IN WESTERN AUSTRALIA POWERS TO LEGISLATE AND TRANSACT LANDS ABOVE THE LOW WATER MARK SUBMERGED LANDS THE RIGHTS OF THE STATE TO MAKE LAWS IN RESPECT OF THE TERRITORIAL SEA POWERS TO HOLD AND DEAL IN CROWN LAND CROWN LAND REGISTRATION A TORRENS SYSTEM OF LAND REGISTRATION IN CROWN LAND CONSEQUENTIAL AMENDMENTS TO THE TLA ADVANTAGES OF TORRENS SYSTEM WHAT IS CROWN LAND? IDENTIFYING CROWN LAND HOW CROWN LAND WAS BROUGHT UNDER THE TORRENS SYSTEM CROWN GRANTS CROWN LAND RECORDS FOUR DIFFERENT TYPES OF TITLES FOR CROWN LAND 2-15 Crown Land Administration &

4 INTERNAL INTEREST PLANS APPROVED DOCUMENT FORMS REGISTRATION OF PRE-LAA DOCUMENTS FOR CROWN INTERESTS REGISTRATION OF NEW CROWN INTERESTS UNDER THE LAA REGISTRATION OF CROWN INTERESTS CREATED BY EXTERNAL AGENCIES UNDER STATE LEGISLATION OTHER THAN THE LAA VALIDATION OF QUALIFIED CROWN LAND TITLES IDENTIFICATION OF CHAIN OF TITLE POWERS OF THE MINISTER FOR LANDS GENERAL DELEGATION OF MINISTER S POWERS CONSTRAINTS ON THE MINISTER S POWERS CROWN LAND DISPOSITION CONTINUING INTERESTS PRE-LAA POST-LAA POSITIVE AND RESTRICTIVE COVENANTS GENERAL CREATION OF SECTION 15 COVENANTS REGISTRATION OF SECTION 15 COVENANTS MEMORIALS WARNINGS OF HAZARDS AND OTHER FACTORS THAT AFFECT THE USE OR ENJOYMENT OF LAND APPROVAL OF THE MINISTER UNDER SECTION 18 OF THE LAA GENERAL WHAT IS AN INTEREST IN CROWN LAND? WHAT CONSTITUTES PRIOR WRITTEN APPROVAL? CHECKLIST OF MATTERS THAT SHOULD BE CONSIDERED WHEN A REQUEST IS MADE FOR APPROVAL UNDER THE LAA CAVEATS LODGED OVER CROWN LAND GENERAL WHAT IS A CAVEAT? WHO IS THE REGISTERED PROPRIETOR FOR CAVEATS OVER CROWN LAND? NATURE OF A CAVEATOR S CLAIM INTERESTS IN CROWN LAND CAPABLE OF SUPPORTING A CAVEAT 2-71 Crown Land Administration &

5 CAVEATS CAN BE LODGED UNDER SECTION 20(2) OF THE LAA WHAT CONSTITUTES AN INTEREST FOR THE PURPOSES OF SECTION 20 OF THE LAA? ROLE OF DOL IN GRANTING APPROVAL TO EVIDENCE SUPPORTING CAVEATS REGISTRATION REQUIREMENTS OF CAVEATS OVER CROWN LAND FORMS TO BE USED REMOVAL OF CAVEATS CAVEATS LODGED BY THE MINISTER FOR LANDS UNDER SECTION 21 OF THE LAA FORFEITURE OF INTERESTS IN CROWN LAND GENERAL TRANSITIONAL PROVISIONS LICENCES GRANTED UNDER THE LAND ACT FORFEITURE PROCESS GIVING OF NOTICE APPEAL PROCESS CONSEQUENCES OF MAKING A FORFEITURE ORDER AFTER FORFEITURE APPLICATION FOR APPROVAL TO COMMENCE DEVELOPMENT ON CROWN LAND (MRS FORM 1) APPLICATION FOR PLANNING APPROVAL UNDER A TOWN PLANNING SCHEME APPEALS TO GOVERNOR INTRODUCTION APPEAL PROCESS WHERE IT IS PROPOSED TO RECOMMEND A DISMISSAL OF THE APPEAL WHERE APPEALS ARE UPHELD BY THE GOVERNOR EFFECT OF A FORFEITURE ORDER FORFEITURE PROVISIONS UNDER SECTION DIFFERENT NOTICE PERIODS FOR APPEALS SECTION SECTION SECTION SECTION SECTION CALCULATION OF NOTICE PERIOD FOR APPEALS RESERVES INTRODUCTION 4-1 iii Crown Land Administration &

6 WHAT IS A RESERVE? CREATION OF RESERVES UNDER THE LAA UNDER THE PLANNING AND DEVELOPMENT ACT UNDER THE CONSERVATION AND LAND MANAGEMENT ACT UNDER OTHER WRITTEN LAW RESERVES INTRODUCTION AMENDMENT OF RESERVES CANCELLATION OR CHANGE OF PURPOSE OF RESERVES MANAGEMENT OF RESERVES MANAGEMENT ORDERS WHAT IS A MANAGEMENT ORDER? WHO CAN BE A MANAGEMENT BODY? WHAT POWERS DOES A MANAGEMENT BODY HAVE TO DEAL WITH LAND? PRINCIPLES CONSIDERED BY DOL WHEN ISSUING MANAGEMENT ORDERS UNDER THE LAA REVOCATION OF A MANAGEMENT ORDER RESERVE CLASSIFICATIONS CLASS A RESERVES CLASS B RESERVES CLASS C RESERVES TYPES OF RESERVES MALL RESERVES DEPARTMENT OF ENVIRONMENT AND CONSERVATION (DEC) RESERVES 4-19 SECTION 152 RESERVES MANAGEMENT PLANS RESERVE ACTIONS (DEALINGS/TRANSACTIONS ON RESERVES) EASEMENTS OVER CLASS A RESERVES TRANSACTIONS OVER RESERVES ROADS INTRODUCTION ROADS PRIVATE ROADS 5-4 Crown Land Administration &

7 5.4. PEDESTRIAN ACCESSWAYS AND RIGHTS OF WAY CROWN RIGHTS OF WAY PROTECTED ROADS DEFINITION AND BACKGROUND OF PROTECTED ROADS EXCISIONS FROM STATE FORESTS DEDICATION OF ROADS GENERAL EXCEPTIONS TO UNALLOCATED CROWN LAND REQUIREMENT DIFFERENT WAYS TO DEDICATE A ROAD CLOSURE OF PRIVATE ROADS CLOSURE OF A PRIVATE ROAD AT THE REQUEST OF LOCAL GOVERNMENT CLOSURE OF PAWS AND ROWS VESTED UNDER SECTION 152 OF THE PLANNING AND DEVELOPMENT ACT CLOSURE OF PUBLIC ROADS PRINCIPLES TO BE CONSIDERED BY DOL IN ROAD CLOSURES POLICY PROCEDURES TO BE CONSIDERED BY DOL IN ROAD CLOSURES AND DISPOSALS MALL RESERVES BACKGROUND INFORMATION AND PRINCIPLES FOR CREATION OF A MALL RESERVE CANCELLATION OF A MALL RESERVE PUBLIC ACCESS ROUTES BACKGROUND INFORMATION WHAT IS A PUBLIC ACCESS ROUTE (PAR)? HOW TO CREATE A PUBLIC ACCESS ROUTE? ALTERNATIVE TO PARS PUBLIC ACCESS EASEMENTS REGISTRATION DOCUMENTS AND PROCESS SALES, LEASES, LICENCES, ETC. OF CROWN LAND INTRODUCTION WHO CAN SELL AND LEASE CROWN LAND GENERAL WHAT IS THE LAND DEVELOPMENT FUNCTION? LANDCORP S ROLE DOL S CONTINUING ROLE IN THE CROWN ESTATE LEASES OVER CROWN LAND 6-3 v Crown Land Administration &

8 LAND ASSEMBLY REQUIREMENTS ADMINISTRATIVE SUBDIVISIONS OF CROWN LAND SALE OF FEE SIMPLE INTERESTS IN CROWN LAND GENERAL MINISTER S DISCRETIONARY POWERS METHODS FOR THE SALE OF CROWN LAND CONVEYANCING PROCESS AND SETTLEMENT PROCEDURE SALE AND AMALGAMATION GENERAL EXERCISE OF THIS POWER EFFECT OF ENCUMBRANCES AND OTHER INTERESTS LEASE OF CROWN LAND BACKGROUND CROWN LEASES GRANTED UNDER THE LAND ACT CROWN LEASES ISSUED PRE-LAA CROWN LEASES ISSUED POST-LAA EFFECT OF MINING TENEMENTS OVERLAPPING LEASES AND EASEMENTS LEASES ISSUED OVER CROWN LAND GENERAL CONDITIONAL PURCHASE LEASES GENERAL LEASES CROWN LEASES OF UNMANAGED RESERVES PASTORAL LEASES LEASING OF CROWN LAND FOR TELECOMMUNICATIONS PURPOSES LEASING FOR AQUACULTURE LEASES OVER TENURES STAMP DUTY IMPLICATIONS FOR LEASES OF CROWN LAND LEASING UNDER RATIFIED STATE AGREEMENT ACTS CONVERSION OF STATE/CROWN LEASES INTO THE FREEHOLD GENERAL CONVEYANCING PROCESS LICENCES AND PROFITS Á PRENDRE GRANTED OVER CROWN LAND LICENCES OVER CROWN LAND PROFITS Á PRENDRE 6-26 Crown Land Administration &

9 6.9. EFFECT OF IMPROVEMENTS ON TERMINATION OF LEASE OR LICENCE GENERAL GENERAL DISPOSITIONS PROVISIONS INTRODUCTION REVESTMENTS GRANTS TO ABORIGINAL PERSONS OF THE LAA SUPERLOTS DISPOSITIONS TO THE COMMONWEALTH, STATE GOVERNMENT AGENCIES, OR LOCAL GOVERNMENT OPTIONS PASTORAL LEASES INTRODUCTION GRANTING A PASTORAL LEASE GRANTING OF A PASTORAL LEASE OVER UNALLOCATED CROWN LAND NOT PREVIOUSLY HELD AS A PASTORAL LEASE WHERE NO INFRASTRUCTURE EXISTS GRANTING OF A PASTORAL LEASE OVER UCL PREVIOUSLY HELD AS A PASTORAL LEASE WHERE SOME INFRASTRUCTURE MAY EXIST PUBLIC OFFERS OF PASTORAL LEASES CONDITIONS OF A PASTORAL LEASE TERM OF A PASTORAL LEASE PURPOSE OF A PASTORAL LEASE DEVELOPMENT AND MAINTENANCE OF IMPROVEMENTS MANAGEMENT OF A PASTORAL LEASE STOCKING OF A PASTORAL LEASE SOIL CONSERVATION DECLARED PLANTS AND ANIMALS ANNUAL RETURNS PAYMENT OF RENT RESERVATION IN FAVOUR OF ABORIGINAL PERSONS PERMITS TYPES OF PERMITS STATUTORY REQUIREMENTS APPLICATION PROCESS ASSESSMENT OF RENT 7-10 vii Crown Land Administration &

10 YEARLY RENT REVIEWS OBJECTIONS AND REVIEWS VARIATION OF RENT IF A PERMIT IS ISSUED INSPECTION OF PASTORAL LEASES DEFAULTS AND FORFEITURE ISSUING OF A DEFAULT NOTICE PROSECUTION FOR FAILURE TO COMPLY WITH A DEFAULT NOTICE ISSUING A FORFEITURE NOTICE ABANDONMENT OF A PASTORAL LEASE CONTROL AND MANAGEMENT APPEALS COSTS INCURRED BY BOARD CONTROL SALES AND TRANSFERS APPROVAL TO SELL APPROVAL TO TRANSFER RESTRICTION ON TRANSFER OF SHARES IN COMPANIES MAXIMUM AREA FOREIGN OWNERSHIP MORTGAGES OVER PASTORAL LEASES SUBDIVISION OF A PASTORAL LEASE BACKGROUND PROCESS AMALGAMATION OF PASTORAL LEASES AMALGAMATION OF ENTIRE LEASES AMALGAMATION OF PART LEASES ADJUSTMENT OF BOUNDARIES PASTORAL BUSINESS UNITS RENEWAL OF PASTORAL LEASES RENEWAL OF PASTORAL LEASES ISSUED UNDER THE LAND ACT RENEWAL OF PASTORAL LEASES ISSUED UNDER THE LAND ADMINISTRATION ACT COMPENSATION FOR IMPROVEMENTS ON EXPIRY OF PASTORAL LEASES SHARED WATERS ON PASTORAL LEASES CREATION OF AN EASEMENT DIVIDING FENCES 7-29 Crown Land Administration &

11 7.18. PUBLIC ACCESS ON PASTORAL LEASES EASEMENTS INTRODUCTION WHAT IS AN EASEMENT? TYPES OF EASEMENTS EASEMENTS OVER CROWN LAND EASEMENTS GRANTED UNDER THE LAND ACT PUBLIC ACCESS EASEMENTS EASEMENTS GRANTED UNDER OTHER ACTS SERVICE EASEMENTS OVER ROADS HOW TO CREATE EASEMENTS OVER CROWN LAND GENERAL EASEMENTS OVER LAND BEING SOLD IN FEE SIMPLE EASEMENTS OVER CLASS A RESERVES FINITE TERM EASEMENTS PRICING OF EASEMENTS ANNUAL RENT EASEMENTS REMOVAL OF CROWN EASEMENTS BY SURRENDER BY MINISTERIAL ORDER BY MERGER BY TAKING ORDER BY ORDER OF THE REGISTRAR OF TITLES COMPULSORY ACQUISITION OF INTERESTS IN LAND INTRODUCTION GENERAL SINGLE REGISTRATION SYSTEM WHO MAY TAKE LAND AND INTERESTS IN LAND? HOW MAY LAND AND INTERESTS IN LAND BE TAKEN? WHAT COMPRISES LAND AND INTERESTS IN LAND FOR THE PURPOSE OF A TAKING? NATIVE TITLE ISSUES GENERAL 9-8 ix Crown Land Administration &

12 FUTURE ACTS REGIME DELEGATIONS GENERAL ACQUISITION BY AGREEMENT GENERAL CONSIDERATIONS TO BE MADE BEFORE ACQUIRING LAND SECTION 168 STATEMENT OF PROCEDURES CHECKLIST OF MATTERS BEFORE INSTRUCTING DOL TO ACQUIRE LAND SURVEY REQUIREMENTS FOR ACQUIRING LAND BY AGREEMENT TAKING WITHOUT AGREEMENT GENERAL SECTION 165 ORDER TO CONFER INTERESTS UNDER WRITTEN LAW NOTICE OF INTENTION TO TAKE WHAT IS A NOTICE OF INTENTION TO TAKE? EFFECT OF A NOTICE OF INTENTION TO TAKE CONTENT AND TYPES OF NOTICES OF INTENTION TO TAKE WHEN IS A NOTICE OF INTENTION TO TAKE NOT REQUIRED? VARIATION OF NOTICES OF INTENTION TO TAKE INCREASED PERIOD OF CURRENCY OF NOTICE OF INTENTION TO TAKE CANCELLATION OF NOTICE OF INTENTION TO TAKE NOTICE OF ENTRY GENERAL ENTRY FOR FEASIBILITY STUDIES ENTRY FOR RAILWAY CONSTRUCTION ENTRY FOR INSPECTION OR ASSESSMENT OF COMPENSATION FOR SURVEYS ENTRY FOR TEMPORARY OCCUPATION ENTRY FOR WORK TO COMMENCE WITHOUT PRIOR TAKING ORDER TAKING ORDER WHAT IS A TAKING ORDER? EFFECT OF A TAKING ORDER CONTENT AND TYPES OF TAKING ORDER CONSISTENCY BETWEEN TAKING ORDER AND NOTICE OF INTENTION TO TAKE PROCEDURES FOR LODGING A TAKING ORDER 9-31 Crown Land Administration &

13 AMENDMENT OF TAKING ORDER ANNULMENT OF TAKING ORDER DESIGNATION WHAT IS A DESIGNATION? EFFECT OF A DESIGNATION AMENDMENT OF A DESIGNATION CANCELLATION OF A DESIGNATION SELLING ACQUIRED LAND GENERAL FORMER OWNER S RIGHTS EXCEPTIONS TO THE RULE DEALING WITH FORMER OWNERS RIGHTS SALES OF ACQUIRED LAND PROCEEDS OF SALE LEASING ACQUIRED LAND GENERAL DESIGNATED LAND PROCEDURES RENTAL EASEMENTS GENERAL PUBLIC ACCESS EASEMENTS GRANTS OF EASEMENT TRANSITIONALS COMPENSATION INTRODUCTION PERSONS ENTITLED TO COMPENSATION GENERAL LIMITS TO PAYMENT OF COMPENSATION REGISTRATION OF TITLE THE VESTING OF VARIOUS INTERESTS BY TAKING ORDER THE IMPACT OF REGISTRATION PURSUANT TO A VOID TAKING ORDER THE CLAIM 10-7 xi Crown Land Administration &

14 WHO MAY LODGE A CLAIM FOR COMPENSATION? TIME LIMIT FOR MAKING A CLAIM FOR COMPENSATION THE CLAIM FORM DEALING WITH THE CLAIM OFFERS OF COMPENSATION GENERAL SETTLING OF A COMPENSATION CLAIM THE STATE ADMINISTRATIVE TRIBUNAL GENERAL CONSTITUTION OF THE TRIBUNAL ASSESSING COMPENSATION GENERAL DATE OF ASSESSING COMPENSATION EFFECT OF REGISTRATION OF NOTICE OF INTENTION TO TAKE OTHER FACTORS TO BE CONSIDERED IN ASSESSING COMPENSATION PAYMENT OF COMPENSATION WHEN SHOULD COMPENSATION BE PAID? TO WHOM SHOULD COMPENSATION BE PAID? EASEMENTS OR OTHER LANDS AWARDED IN LIEU OF COMPENSATION OUT OF WHAT FUNDS SHOULD COMPENSATION BE PAID? GENERAL INTRODUCTION GENERAL PROTECTION FROM LIABILITY GENERAL RESPONSIBILITIES OF DOL OFFICERS UNDER THE LAW ABILITY OF INSOLVENTS, INCAPABLE PERSONS AND DECEASED PERSONS TO HOLD CROWN LAND GENERAL INSOLVENT PERSONS INCAPABLE PERSONS DECEASED ESTATES PROTECTION OF THE CROWN AND MANAGEMENT BODIES FROM LIABILITY GENERAL RISK MANAGEMENT RISK MANAGEMENT ON DOL-MANAGED PROPERTY 11-7 Crown Land Administration &

15 RISK MANAGEMENT PROCEDURES COMMON LAW DUTY OF CARE LIABILITY OF THE CROWN LIABILITY OF MANAGEMENT BODIES LIABILITY OF THE CROWN AND MANAGEMENT BODIES IN RELATION TO PUBLIC ACCESS ROUTES LIABILITY OF THE CROWN AND LOCAL GOVERNMENT IN RELATION TO PUBLIC ACCESS EASEMENTS APPLICATION OF THE PRESCRIPTION ACT WHAT IS THE DOCTRINE OF PRESCRIPTION? APPLICABILITY OF THE PRESCRIPTION ACT 1832 TO CROWN LAND CLOSURE OF RAILWAYS GENERAL OFFENCES ON CROWN LAND GENERAL TYPES OF OFFENCES CAMPING ON CROWN LAND VEHICLES ON CROWN LAND HARVESTING OF NATURAL FLORA TIMBER AND FOREST PRODUCE ON CROWN LAND INTERFERING WITH SURVEY MARKS AND SURVEYS CONTRAVENTION OF CONDITIONS OF COVENANTS IMPOSED ON CROWN LAND PENALTIES FOR OFFENCES ON CROWN LAND UNAUTHORISED STRUCTURES ON CROWN LAND GENERAL REMOVAL OF UNAUTHORISED STRUCTURES FROM CROWN LAND PROFESSIONAL FISHERPERSONS STRUCTURES DELEGATION UNDER SECTION 273 OF THE LAA SERVICE OF DOCUMENTS GENERAL REGULATIONS GENERAL FEES REGULATIONS REGULATIONS AFFECTING SURVEYS REGULATIONS ABOUT ADVISORY PANELS xiii Crown Land Administration &

16 APPROVAL OF FORMS APPROVAL BY DIRECTOR GENERAL DOL APPROVAL OF REGISTRATION FORMS WITH CONSENT OF REGISTRAR OF TITLES REVIEW OF LAA GENERAL REPEALS, TRANSITIONALS, SAVINGS AND VALIDATION GENERAL SCHEDULE 2 (AS IT RELATES TO THE LAND ACT 1933) GENERAL EXCEPTIONS TO TRANSITION AND GENERAL APPLICATION OF THE LAA INTRODUCTION OF A SINGLE REGISTRATION SYSTEM SCHEDULE 3 (AS IT RELATES TO PRE-LAND ACT 1933) GENERAL INCOMPLETE DEALINGS UNDER THE LAND ACQUISITION AND PUBLIC WORKS ACT ROADS ACTIONS COMMENCED UNDER THE LOCAL GOVERNMENT ACT CONTAMINATED SITES ON CROWN LAND INTRODUCTION CONTAMINATION OF CROWN LAND IDENTIFICATION, REMEDIATION AND MANAGEMENT CLASSIFICATION AND NOTICES REMEDIATION OF CONTAMINATED SITES EXEMPTIONS ORPHAN SITES IDENTIFICATION OF CONTAMINATION ON CROWN LAND IDENTIFICATION FORMER EXPLOSIVES DEPOT SITE LIABILITY IN RELATION TO CONTAMINATION ON CROWN LAND TRANSFERRING LIABILITY RECEIVING LAND INTO THE CROWN ESTATE/DOL CONTROL Crown Land Administration &

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19 Preliminary and General Information Chapter 1 1. PRELIMINARY AND GENERAL INFORMATION 1.1. THE SCHEME The Department of Lands (DoL), in consultation with the WA Land Information Authority (LANDGATE) has prepared this manual. In using the manual it must be clearly understood that it is not legal advice and whilst all care has been taken in the preparation of this publication, no responsibility is accepted by DoLfor any errors, omissions or inaccuracies whatsoever. No written process in any manual is static. Changes will necessarily be made regularly as DoL officers continue with their daily work. Despite this, it is hoped that this manual will assist in providing a starting base for most officers and staff in DoL as well as being informative to other Government departments and members of the public. The Land Administration Act 1997 (LAA), as amended, is the main statute governing the administration of Crown land in Western Australia. The manual has been assembled in a way that reflects the Sections, Divisions, and Parts of the LAA. This manual should be read in conjunction with the LAA itself, the Transfer of Land Act 1893 (TLA), the Land Titles and, where applicable, the Survey and Plan Practice Manual. These manuals can be downloaded free of charge from the internet via LANDGATE s website Practice Manuals DoL officers should also read this manual with the Quality Management System ( QMS ) database which sets out the processes for each type of Crown land transaction and the relevant policies and legal rulings relating to the respective processes. Chapter 2 of this manual sets out the general registration requirements and procedures for Crown actions under the TLA. In addition, the first part of each chapter in the manual sets out the business processes and administrative requirements of Crown land administration under the LAA. The second part of each chapter will set out the registration requirements as they affect the business processes in each Part of the LAA and will be required to enable conveyances and other dealings in Crown land to be registered under the Torrens system of land registration in order to be effective. Where registration procedures are required, Chapter 2 of this manual together with the relevant chapter affecting the particular Crown action should be read in conjunction with the relevant paragraphs of the Land Titles. 1-1 Crown Land Administration &

20 Chapter 1 Preliminary and General Information 1.2. THE LEGISLATION AND ITS PURPOSE Responsible government was granted to the State of Western Australia in 1890 by section 3 of the Western Australian Constitution Act 1890 (Imp.), 53 & 54 Vict. c.26. By that section, the Crown, in whom was vested the wastelands of the colony, granted and vested the entire management and control of the wastelands of the Crown, including the proceeds of the sale, letting and disposal of that land, and all royalties, mines, and minerals, in the legislature of the Western Australian colony. In this context the legal notion of wastelands are those lands not granted in freehold title. The exclusive power over Crown lands granted to the Western Australian Parliament represented an end to the Imperial authority granting estates in Crown land in Western Australia. Under this Imperial Constitution Act, the power to grant estates in Crown land became entirely statutory. Over the last 60 years, Crown land administration in Western Australia was governed by the Land Act The Land Act 1933, its predecessor, the Land Act 1898 and before that, a series of Land Regulations (the last set of Land Regulations before the Land Act 1898 was in 1894), formed the basis of Crown land administration in this State. The manner of dealing with and disposing of Crown land has always been strictly controlled by Parliament and the legislation was, before the proclamation of the LAA, very prescriptive as to the manner for disposing of Crown land and interests in Crown land. The basis for the administration of Crown land and the Crown s ability to dispose of or deal with Crown land underwent a metamorphosis under the Land Administration Act 1997 ( LAA ) and the Acts Amendment (Land Administration) Act The prescriptive and outdated manner of disposing of Crown land was modernised and updated to reflect the needs for economic growth. Also, a registration system for Crown land tenure was established under the Torrens system of land registration. The LAA and the Acts Amendment Land Administration Act 1997 were proclaimed on 30 March 1998 and commenced operation on that date. Both these Acts introduced a new era in the administration and processing of Crown land in Western Australia by: substantially re-writing the existing law on Crown land administration under the Land Act 1933, and implementing the use of a single registration system under the TLA. Crown land, under section 3 of the LAA, is defined to mean all land other than freehold land. For the purposes of the LAA, a reference to the freehold of any land is a reference to the fee simple, whether absolute, conditional, or otherwise, of that land. Under the LAA, all transactions relating to interests in Crown land are now registered under the TLA and not gazetted, as was the case in many instances under the Land Act As a result of the introduction of the LAA and the associated registration system, documents dealing in Crown land forwarded to DoL for the prior consent of the Minister for Lands under section 18 of the LAA must be prepared in an approved format acceptable for registration purposes under the TLA. For further information on the types of documents that must be forwarded to DoL for the Minister s consent, Chapter 2 of this manual. This manual will give some guidance to a better understanding of the administration of Crown land and the preparation and registration of documents creating, effecting, cancelling or altering interests and other rights in Crown land. The content in this manual will cover operational procedures relating to the granting and assembly of tenure and interests in Crown land as well as registration processes for both existing interests granted pre-laa and for new interests. Crown Land Administration & 1-2 March 2012

21 Preliminary and General Information Chapter A SINGLE REGISTRATION SYSTEM FOR BOTH CROWN AND FREEHOLD LAND A major proposal of the LAA was the introduction of a Torrens system of land registration under the TLA and its application to Crown land. This registration system for Crown land mirrors, as closely as possible, the registration system for freehold land. When the LAA commenced operation on 30 March 1998, a single registration system for all land in Western Australia was created. All dealings affecting any land in Western Australia must be lodged and registered with the Registrar of Titles at LANDGATE in order to have that dealing validated and made effective. Any document setting out a transaction for Crown land under the LAA that is not registered, will not convey that interest until it is registered or recorded. More detail on the single registration system is set out in Chapter 2 of this manual. Mining tenements and petroleum rights and interests have not been included within this registration system. This has been specifically provided in section 5 of the LAA. The Department of Mineral and Petroleum Resources maintain a separate register of such interests. 1-3 Crown Land Administration &

22 Chapter 1 Preliminary and General Information 1.4. NATIVE TITLE ISSUES When considering any proposal affecting Crown land one should always bear in mind the High Court decision of Mabo v Queensland (No. 2) (Mabo No 2) (1992) 175 CLR 1. This High Court decision dealing with native title over un-alienated Crown lands off Queensland created wide-ranging implications Australia wide which must be considered when dealing with Crown land interests and tenure. The common law concepts of native title expounded by the High Court are laid down in the Native Title Act This influences the decisions and processes relating to Crown land in this State. However, it is not the purpose to discuss the native title implications of Crown land administration and registration in detail. Certain aspects to native title issues are raised in this manual where relevant. Crown Land Administration & 1-4 March 2012

23 CROWN LAND ADMINISTRATION AND REGISTRATION PRACTICE MANUAL CHAPTER 02 GENERAL ADMINISTRATION AND REGISTRATION OF CROWN INTERESTS AND TENURE CHANGES IN WESTERN AUSTRALIA TABLE OF CONTENTS 2. GENERAL ADMINISTRATION AND REGISTRATION OF CROWN INTERESTS AND TENURE CHANGES IN WESTERN AUSTRALIA INTRODUCTION CROWN LAND IN WESTERN AUSTRALIA POWERS TO LEGISLATE AND TRANSACT LANDS ABOVE THE LOW WATER MARK SUBMERGED LANDS THE RIGHTS OF THE STATE TO MAKE LAWS IN RESPECT OF THE TERRITORIAL SEA POWERS TO HOLD AND DEAL IN CROWN LAND CROWN LAND REGISTRATION A TORRENS SYSTEM OF LAND REGISTRATION IN CROWN LAND CONSEQUENTIAL AMENDMENTS TO THE TLA ADVANTAGES OF TORRENS SYSTEM WHAT IS CROWN LAND? IDENTIFYING CROWN LAND HOW CROWN LAND WAS BROUGHT UNDER THE TORRENS SYSTEM CROWN GRANTS CROWN LAND RECORDS FOUR DIFFERENT TYPES OF TITLES FOR CROWN LAND INTERNAL INTEREST PLANS APPROVED DOCUMENT FORMS REGISTRATION OF PRE-LAA DOCUMENTS FOR CROWN INTERESTS 2-24 Crown Land Administration &

24 Chapter 2 General Administration and Registration of Crown Interests and Tenure Changes in Western Australia REGISTRATION OF NEW CROWN INTERESTS UNDER THE LAA REGISTRATION OF CROWN INTERESTS CREATED BY EXTERNAL AGENCIES UNDER STATE LEGISLATION OTHER THAN THE LAA VALIDATION OF QUALIFIED CROWN LAND TITLES IDENTIFICATION OF CHAIN OF TITLE POWERS OF THE MINISTER FOR LANDS GENERAL DELEGATION OF MINISTER S POWERS CONSTRAINTS ON THE MINISTER S POWERS CROWN LAND DISPOSITION CONTINUING INTERESTS PRE-LAA POST-LAA POSITIVE AND RESTRICTIVE COVENANTS GENERAL CREATION OF SECTION 15 COVENANTS REGISTRATION OF SECTION 15 COVENANTS MEMORIALS WARNINGS OF HAZARDS AND OTHER FACTORS THAT AFFECT THE USE OR ENJOYMENT OF LAND APPROVAL OF THE MINISTER UNDER SECTION 18 OF THE LAA GENERAL WHAT IS AN INTEREST IN CROWN LAND? WHAT CONSTITUTES PRIOR WRITTEN APPROVAL? CHECKLIST OF MATTERS THAT SHOULD BE CONSIDERED WHEN A REQUEST IS MADE FOR APPROVAL UNDER THE LAA CAVEATS LODGED OVER CROWN LAND GENERAL WHAT IS A CAVEAT? WHO IS THE REGISTERED PROPRIETOR FOR CAVEATS OVER CROWN LAND? NATURE OF A CAVEATOR S CLAIM INTERESTS IN CROWN LAND CAPABLE OF SUPPORTING A CAVEAT CAVEATS CAN BE LODGED UNDER SECTION 20(2) OF THE LAA WHAT CONSTITUTES AN INTEREST FOR THE PURPOSES OF SECTION 20 OF THE LAA? ROLE OF DOL IN GRANTING APPROVAL TO EVIDENCE SUPPORTING CAVEATS 2-73 Crown Land Administration & ii

25 General Administration and Registration of Crown Interests Chapter 2 and Tenure Changes in Western Australia REGISTRATION REQUIREMENTS OF CAVEATS OVER CROWN LAND FORMS TO BE USED REMOVAL OF CAVEATS CAVEATS LODGED BY THE MINISTER FOR LANDS UNDER SECTION 21 OF THE LAA FORFEITURE OF INTERESTS IN CROWN LAND GENERAL TRANSITIONAL PROVISIONS LICENCES GRANTED UNDER THE LAND ACT FORFEITURE PROCESS GIVING OF NOTICE APPEAL PROCESS CONSEQUENCES OF MAKING A FORFEITURE ORDER AFTER FORFEITURE APPLICATION FOR APPROVAL TO COMMENCE DEVELOPMENT ON CROWN LAND (MRS FORM 1) APPLICATION FOR PLANNING APPROVAL UNDER A TOWN PLANNING SCHEME 2-82 iii Crown Land Administration &

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27 General Administration and Registration of Crown Interests Chapter 2 and Tenure Changes in Western Australia 2. GENERAL ADMINISTRATION AND REGISTRATION OF CROWN INTERESTS AND TENURE CHANGES IN WESTERN AUSTRALIA 2.1. INTRODUCTION This chapter covers Part 2 of the Land Administration Act 1997 (LAA). Part 2 establishes the framework for the single registration system and also sets out the following matters: the general powers of the Minister for Lands as it relates to the Minister s body corporate powers to deal in Crown land and certain freehold land; the powers of the Minister for Lands to initiate and sell land administration expertise to the Commonwealth of Australia, an External Territory and any country outside Australia; delegation powers of the Minister for Lands; other administrative powers of the Minister as they relate to the creation of positive and negative covenants over Crown land, and creation of memorials over land; powers of the Minister to subdivide and develop Crown land; and other related powers of the Minister for Lands. 2-1 Crown Land Administration &

28 Chapter 2 General Administration and Registration of Crown Interests and Tenure Changes in Western Australia 2.2. CROWN LAND IN WESTERN AUSTRALIA POWERS TO LEGISLATE AND TRANSACT LANDS ABOVE THE LOW WATER MARK Prior to 1889 Imperial legislation applied to the Swan River Colony and Western Australia, with a series of Land Regulations being made in relation to administration of Crown land. Responsibility for the management and control of the waste lands of the Crown was committed to the Western Australian Parliament by section 3 of the Western Australia Constitution Act 1889 (Imperial), which provides: The entire management and control of the waste lands of the Crown in the colony of Western Australia, and of the proceeds of the sale, letting and disposal thereof, including all royalties, mines and minerals, shall be vested in the legislature of that colony. Pursuant to this provision, legislative authority (from the Western Australian Parliament) is required for all dealings in the waste lands of the Crown. That is to say, Crown land may only be dealt with in accordance with a specific statute, a point affirmed by a 1972 High Court ruling. Section 3 of the Land Act 1898 (which replaced earlier Land Regulations) defined Crown lands to mean the waste lands of the Crown within the Colony, that is to say, lands vested in Her Majesty, and not for the time being reserved for or dedicated to any public purpose of set apart as a city, town, or village, or granted or lawfully contracted to be granted in fee simple or with a right of purchase under this Act or any Act or Regulations hereby repealed, and which are not held under lease or license under the Goldfield Act or Mineral Lands Act, and include all lands between high and low watermark on the sea-shore and on the banks of tidal water. Similarly, section 3 of the Land Act 1933 defined Crown lands to mean all lands of the Crown vested in Her Majesty, except land which is, for the time being, reserved for or dedicated to any public purpose, or granted or lawfully contracted to be granted in fee simple or with the right of purchase under this Act or any Act hereby repealed, and including all lands between high and low water mark on the seashore and on the banks of tidal waters, and including, for the purposes of section 116 (dealing with leasing), all lands below low water mark on the seashore and on the banks of tidal waters and all lands being the beds of water-courses. It was clear from the Act that tidal waters below low water mark could not be dealt with under the Act, except in relation to leasing. Section 3 of the LAA defines Crown land, in conjunction with the definition of land, to mean all land within the State which is not alienated (that is, which has not been disposed of in fee simple or freehold), including coastal waters out to three nautical miles offshore. The LAA is the State s primary statute for dealing with Crown Land. Crown Land Administration & 2-2

29 General Administration and Registration of Crown Interests Chapter 2 and Tenure Changes in Western Australia SUBMERGED LANDS THE RIGHTS OF THE STATE TO MAKE LAWS IN RESPECT OF THE TERRITORIAL SEA In 1973 the Commonwealth of Australia enacted the Seas and Submerged Lands Act 1973 (SSLA). The SSLA was, and remains, the principal Commonwealth legislation dealing with the sovereignty seaward of the low water mark. The purpose of the SSLA was to declare sovereign rights (although not absolute sovereignty) in the Commonwealth over the continental shelf of Australia for the purpose of exploring and exploiting its material resources. In the 1975 High Court case of NSW v The Commonwealth, the majority held that the territory of the States finished at the low water mark and that the adjacent seas were held by the Crown in right of the Commonwealth. As a consequence of this decision the States had no legislative powers in relation to the offshore areas as part of their territory, and any legislative powers which they had in relation to the offshore area was extra-territorial in nature and dependant upon an appropriate nexus with their territory, so as to found valid legislation under the constitutional power to make laws for the peace order and good government of the State. As a result of the States concerns over the 1975 High Court decision the Commonwealth and the States negotiated a constitutional settlement embodied in complementary State and Federal legislation in 1980 comprising as Federal legislation the Coastal Waters (State Title) Act 1980 and the Coastal Waters (State Powers) Act 1980, accompanied by consequential amendments to the SSLA and major amendments to the Petroleum Submerged Lands Act 1967 (PSLA). Reciprocal legislation was enacted by the State, and in Western Australia this comprised the Constitutional Powers (Coastal Waters) Act 1979 (CPCWA), which set out the text of the Commonwealth Act and requested the CPCWA s enactment by the Commonwealth Parliament, pursuant to section 51 (xxxviii) of the Commonwealth Constitution. The effect of the settlement legislation was as follows: (i) it extended the powers of each State under its Constitution to make laws: (a) (b) (c) in relation to the coastal waters of the State as defined, the three nautical mile area which is within the State s adjacent area, including the airspace and seabed and subsoil; in relation to the area beyond the coastal waters to the limit of the adjacent area, including the airspace and seabed and subsoil, but only in relation to subterranean mining from land within the State and ports and harbours; in relation to fishing in Australian waters outside coastal waters, under agreements with Commonwealth; and it (ii) vested each State with all the right and title in relation to the seabed beneath the coastal waters, as would have accrued to the State if that seabed were within the limits of the State, subject to various small reservations; (iii) did not extend the limits of the States; (iv) did not derogate from the paramountcy of Commonwealth sovereignty or legislative power. 2-3 Crown Land Administration &

30 Chapter 2 General Administration and Registration of Crown Interests and Tenure Changes in Western Australia The following definitions are important: Coastal waters are determined by the SSLA definition of the territorial sea but are limited to three nautical miles offshore, so that the Commonwealth s extension of the territorial sea in 1990 did not increase the territory or legislative powers of the States. The adjacent area is defined by reference to the PSLA, and is an area referred to in Schedule 2 of the PSLA, which is a series of latitudinal and longitudinal points which were, in essence the limits of the State as established in the Letters Patent, but are the within the Continental Shelf. Continental Shelf essentially corresponds with the Continental Shelf definition under the Montego Bay Law of the Sea Convention, subject to certain bilaterally negotiated exceptions. The effect of the package was to give the States both legislative powers and title over coastal waters out to a three mile limit from the coast, with any consequent benefits to be derived from the control over the exploitation of resources in that area. The States do not have title over the seabed, subsoil, and water outside the territorial sea, except in cases where the Commonwealth has agreed to give them such powers as under the PSLA. The State of Western Australia cannot grant title to or over the seabed, subsoil and waters which it does not own. This is because the Crown in right of the Commonwealth holds that title. It is important to emphasise that the two Coastal Water Acts vested title in the seabed of the coastal waters in the States, as if within the limits of the State, and empowered the States to make laws in relation to those waters as if they were part of the State. They did not extend the limits of the State by varying its area, the limit of the State being defined in the Commonwealth of Australia Constitution Act 1900 at Federation. Consequently, the laws (written and unwritten) of the State prior to the Coastal Waters Act were not automatically extended to the coastal waters, as the limits of the States have not been extended. Only the power of the State to legislate with regard to the coastal waters has been extended. Those waters are held by the States under Commonwealth law, and have not been excised from the territory of the Commonwealth. In Western Australia, the potential void is filled by the Offshore (Application of Laws) Act That law applies the whole of the written and unwritten laws of Western Australia (other than criminal laws), present and future, to the coastal waters. Crown Land Administration & 2-4

31 General Administration and Registration of Crown Interests Chapter 2 and Tenure Changes in Western Australia POWERS TO HOLD AND DEAL IN CROWN LAND There is provision in the LAA to the effect that from its commencement on 30 March 1998, all Crown land and all land held in the name of the Crown should be registered in the name of the State of Western Australia. Section 29(5) provides for the issue of certificates of Crown land title in the name of the State of WA over Crown land. Section 178(1)(c) provides that where the land is taken for a public work, it should be held as Crown land in the name of the State of WA, unless provision is made in the taking order for the land to be registered in the name of another party. Sections 10 and 11 empower the Minister for Lands in the name and on behalf of the State to exercise powers under the LAA in relation to dealing with Crown land, or acquiring land. His powers may be delegated to officers of the Department of Lands, pursuant to section 9. The Minister for Lands and DoL officers acting under delegated authority sign for and on behalf of the State of Western Australia. The Crown or Her Majesty Queen Elizabeth the Second is a juristic entity that comprises the executive branch of Government. Executive power is exercised by the Premier and other Ministers who direct departments under their portfolios. For the purposes of the LAA, rather than referring to Her Majesty Queen Elizabeth the Second or the Crown in right of the State of Western Australia, it was simpler to call it the State of Western Australia. 2-5 Crown Land Administration &

32 Chapter 2 General Administration and Registration of Crown Interests and Tenure Changes in Western Australia 2.3. CROWN LAND REGISTRATION A TORRENS SYSTEM OF LAND REGISTRATION IN CROWN LAND When the LAA commenced operation on 30 March 1998, all dealings creating interests or granting tenure (that is, not licences for example) in Crown land must be registered under the provisions of the Transfer of Land Act 1893 ( TLA ) to be legally effective to convey that interest in Crown land (see section 19 of the LAA). This is the same principle that applies to the registration of dealings for freehold land. The rationale for introducing the LAA was to revolutionise the administration of Crown land in Western Australia by introducing new policies and procedures to modernise Crown land administration and management methodologies. The LAA contemplates utilising, and where appropriate mirroring, the well-established conveyancing procedures, and document registration processes used for Freehold land. A transparent Single Registration system under the LAA will facilitate the creation of one Land Register for Western Australia incorporating Crown land and Freehold land and provide a State guarantee to registered interests on Crown land titles. A major feature of the LAA is the devolution of responsibility for administrative functions for the Crown land from the Governor in Executive Council to the Minister for Lands and other delegates provided for in the LAA. This permits more efficient practices to be adopted by enabling more timely decisions to be made by the Minister without dependence on Executive Council formalities, timeframes, and gazettal publication procedures. Orders made by the Minister for Lands or other authorised delegates now replace Governor s Orders in Council and Proclamations published in the Government Gazette. As with all other dealings registered or caveats lodged over Crown land, under section 19 of the LAA, these Ministerial orders are effective, not upon execution by the Minister or duly authorised delegate, but upon registration with the Registrar of Titles under the TLA. This registration process replaces the former gazettal publication procedure. In the case of compulsory acquisition of land, the LAA also allows multiple related actions to be dealt with on the registration of a single document known as a Taking Order. This registration system is closely aligned to the Torrens system of land registration for freehold land with certain variations necessary for the transition of the previous recording system for Crown interests and dealings under the Land Act 1933 on a Crown Land Record to a single registration system. To achieve this, the TLA has been substantially amended to enable interests in Crown land to be registered in the same Register as used for freehold land. This Register will continue to be administered by the Registrar of Titles at LANDGATE. To fully understand the impact and practical implications for the registration of interests in Crown land, you need to be aware of how the TLA has been amended. Crown Land Administration & 2-6

33 General Administration and Registration of Crown Interests Chapter 2 and Tenure Changes in Western Australia CONSEQUENTIAL AMENDMENTS TO THE TLA The introduction of a Torrens system of land registration for Crown land was achieved by consequential amendments to the TLA: Like Part IIIA dealing with Crown leases (inserted into the TLA in the 1950s), a new Part IIIB has been inserted into the TLA. This Part, like Part IIIA, only applies to Crown land. To provide a link with the administration of Crown land powers in the LAA, Part IIIB contains some of the definitions from the LAA and provides the Registrar of Titles with the ability, on application by the Minister for Lands, to create and register different types of titles for Crown land. Part IIIB of the TLA sets out some specific provisions that only apply to Crown land. It also sets up the procedure that enables the Registrar and Commissioner of Titles to create State-guaranteed interests and indefeasible titles for Crown land. Ultimately, it is intended to have a Torrens Land Register for all parcels of land in this State, comprising both Crown and freehold land all registered under the TLA. In interpreting the TLA for Crown land registration, sections 4(1a), 4(1b), 4(1c) and section 4A of the TLA must always be considered. Section 4A sets out the provisions of the TLA that do not apply to Crown land. Sections 4(1a), 4(1b) and 4(1c) expressly provide that all the provisions in the TLA, as modified, will be read as if it applies to Crown land unless the contrary intention appears or as prescribed. As at the date of publication, no regulations modifying the TLA in respect of Crown land have been prescribed. The definition of Proprietor for the purposes of the TLA has been specifically amended and expanded. The term Proprietor in relation to Crown land does not mean the same as Proprietor of freehold land. In the Crown estate, a Proprietor is defined as a holder of an interest in Crown land, or a management body as defined in the LAA, because the Crown is always the true owner of Crown land. All Crown land is owned by the Crown and registered in the name of the State of Western Australia until it is specifically alienated. The radical title of the Crown in respect of Crown land always remains with the Crown. It is for this reason that no duplicate titles for Crown land are issued ADVANTAGES OF TORRENS SYSTEM The advantages of a Torrens system of land registration for Crown land cannot be overemphasised. Any person dealing with Crown interests will ultimately obtain - security and certainty of title; less delay and expense; simplification of the processes and dealings previously used for Crown land administration; and accuracy in the transactions relating to Crown land. These advantages will enable all persons dealing with and managing Crown land to access LANDGATE s computerised land registration system and search and obtain copies of any dealings relating to, as well as being able to identify the current status of, a parcel of Crown land. This Register for Crown land has been incorporated into the existing Register for freehold land under the TLA. A registration system under the TLA for all land and interests in land in Western Australia (Crown and freehold) is now available within LANDGATE. 2-7 Crown Land Administration &