Forms Approved under the Land Administration Act 1997
The department administers a number of forms in relation to Crown land administration and management, which are approved by the Director General under section 278 of the Land Administration Act 1997 (LAA).
There are different type of forms for different purposes, and some of the forms that might be relevant to the public are published below. Landgate, which maintains the State's official register of land ownership will not accept any other forms involving Crown land than those approved by the Director General of the Department of Planning, Lands and Heritage under s278 of the LAA.
Forms used in the process of compulsory acquiring land through taking pursuant to parts 9 and 10 of the LAA
Some government agencies have the power to compulsorily acquire and take land or interests in land (Compulsory Acquisition) under their own enabling legislation in accordance with Parts 9 & 10 of the LAA. Other government agencies have the power of Compulsory Acquisition under a delegation under section 159 of the LAA of the Minister for Lands' powers under Parts 9 & 10 of the LAA.
These agencies are:
- Department of Finance
- Building Management and Works
- Public Utilities Office
- Main Roads
- Public Transport Authority WA
- Department of Water and Environmental Regulation
- Department of Transport
- Western Australian Planning Commission
Two of the forms that are needed in the process of Compulsory Acquisition are a Notice of Intention to Take Interests in Land (NOITT) and a Taking Order. There are different types of NOITTs and Taking Orders for different situations. More information about these forms and changes that have been made to them can be obtained by outside agencies who have the power of compulsory acquisition from the Department of Planning, Lands and Heritage.
Listed below are details of the NOITTs and Taking Orders that will most commonly be required by agencies with the power of compulsory acquisition.
Taking orders (sections 177 & 178 LAA)
Notices of intention to take land (sections 170 and 171 of the LAA)
Road dedication
Main Roads has the power to acquire land to declare roads and highways. LAA Form 1046 allows Main Roads to lodge dedication orders directly at Landgate under delegations from the Minister for Lands, where private land has been acquired for road purposes.
Other forms
Energy operators
Energy Operators, such as Western Power, also have the power to compulsorily acquire land and interests in land under their own enabling legislation, Energy Operators (Powers) Act 1979 (EOPA) in accordance with Parts 9 and 10 of the LAA. There are tailor made NOITT and Taking Order forms for use where an Energy Operator wishes to compulsorily acquire private land or interests in private land which have been approved by the Director General of the Department of Planning, Lands and Heritage. Listed below are details of the NOITT and Taking Order forms that may be used by Energy Operators when exercising their powers of compulsory acquisition under the EOPA and LAA:
Notices of intention to take (sections 170 and 171 of the LAA and section 45 of the EOPA)
Taking orders (sections 177 and 178 LAA and s45 EOPA)
Other forms - energy operators
Delegations under the Land Administration Act 1997
The Land Administration Act 1997 (section 9) allows the Minister for Lands to delegate their power or duty to officers of the Department of Planning, Lands and Heritage. A copy of the Instrument/s of Delegation will be published on this webpage.
