Introduction
Another question to consider for Local Governments facing the
commencement of an amalgamation is what effect this might have upon
Crown land that has been leased by a Local Government pursuant to
Management Orders.
The term Commencement in this article means the day of
commencement of any amalgamation order made by the Governor on the
recommendation of the Minister pursuant to section 2.1 of the
Local Government Act 1995 (WA) (the
Act).
The power of a Local Government to lease Crown Land is typically
given via Management Orders made pursuant to the Land
Administration Act 1997 (WA) (the LAA). In
the case of Reserves set aside for public purposes section 46 of
the LAA enables the Minister for Lands, by order, to delegate the
power to lease. This is referred to as a Management Order
and the Local Government receiving the power is referred to as a
Management Body.
