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1. General1
This document is subject to the Verification of Identity Practice issued jointly by the Western Australian Registrar of Titles and Commissioner of Titles. Please refer to the VOI webpage.
There is a specific Transfer (Transfer of Land [Sale for Rates form) printed for this purpose.
The rates for land levied under the Local Government Act 1995 (the Act) are a charge against the land upon which they are levied (s.6.43 of the Act) (see also MEM-01 Memorials). Where rates have been unpaid for three years or more, the Council of the Local Government is empowered by Part 6 Division 6 Subdivision 6 of the Act to:
- sell the land to a third party for consideration (T5 form)
- transfer the land to the Local Government or the Crown in right of the State of Western Australia (s.6.71) (T5 form)
or
- have the land revested in the Crown in right of the State of Western Australia (s.6.74) (T9 form)
The notice of intention to sell is, after publication, registered in the Office as a Memorial of Advertisement and is endorsed on each certificate of title affected thereby. The memorial remains in force for twelve months from the date of registration and acts as an absolute caveat until it is withdrawn or expires.
The Memorial must be endorsed on the title prior to the sale of the land by the local government.
1Section updated 12/07/2022
2. Transfer of Land (Sale for Rates)1
A transfer form"(Transfer of Land [Sale for Rates] " (T5 or e-form), executed by a Local Government, using its common seal, effectively disposes of the interest of the registered proprietor in favour of the transferee for an indefeasible estate in fee simple but subject to the statutory exceptions as set out in Sections 6.75. (1) (c) (d) and (e) and Schedule 6.3 clause 4. (1) of the Act.
If a contract of sale is entered into within the twelve month (12) period after the date the land is offered for sale pursuant to the power of sale, a transfer form giving effect to this sale may be accepted for registration during or after the expiry of this period, unless a dealing has been lodged which prevents registration of the Transfer. Where the duty endorsement on the transfer shows the transaction date/contract date of sale prior to the expiry date, no further evidence is required.3
1Section updated 12/07/2022
3Paragraph added 27/10/2022
2.1 Forms2
A Transfer of Land (Sale for Rates) eForm or T5 (PDF) should be used to give effect to a sale for consideration or where the Local Government transfers the land to themselves after the expiry of the 12 month sale period.
The T5 form incorporates a statutory declaration on the lodgement page which must be completed. The e-form also incorporates a statutory declaration if the execution type for the Local Government Authority is selected. Otherwise, a separate statutory declaration will be required if the e-form does not include one.
Statutory Declaration (B3 form) – must be made by an authorised person of the Local Government Authority, who states:
- I am duly authorised to make this declaration.; and
- I am an authorised employee of the (insert name of Local Government Authority).
- That on the sale of (describe land transferred by lot and survey numbers and volume and folio reference, for example “Lot 1 on Deposited Plan 123456 being the whole of the land contained in certificate of title volume 1234 folio 567”) the provisions of Sub-Division 6 of Division 6 of Part 6 of the Local Government Act 1995 were complied with.
The witness to the declarant’s signature must be a qualified witness listed in the Oaths, Affidavits and Statutory Declarations Act 2005.
2Section updated 09/01/2024
2.2 Fees2 4
A Transfer of Land (Sale for Rates) (T5) incurs lodgement fees, duty and is subject to Verification of Identity.
2Section added 12/07/2022
4Updated 07/08/2023 to remove reference to duplicate certificate of title
2.3 Effect on Encumbrances
Included in the encumbrances referred to in s.6.75 of the Act Are Memorials lodged by State or Commonwealth Instrumentalities, and these (depending on their nature) may be shown as encumbrances, or withdrawn to permit the registration of the transfer, then re-lodged.
Other encumbrances such as mortgages, caveats and expired PSSOs are removed by the act of registration of the transfer, and no longer affect the land. A PSSO that is still current is removed as an encumbrance on the registration of the transfer if the written consent of the Sheriff is obtained and filed with the transfer.
2.4 Effect after 12 months1
Where the land is offered for sale, but at the expiration of 12 months it remains unsold, s.6.71 of the Act states that the local Government can transfer the land to itself or to the State of Western Australia.
See above for a transfer by the Local Government to itself using the Transfer of Land (Sale for Rates) eForm or T5 (PDF) form. This transfer is unlikely to attract duty and will have a nominal lodgement fee.
1Section updated 12/07/2022
3. Transfer of Land (Revestment for Non Payment of Rates)1
Where rates and charges have been outstanding for a period of 3 years, s. 6.71 and s.6.74 of the Act allows the Local Government to have the land revested in the State of Western Australia. There is no requirement under this section for a local government to have attempted to sell the land. Revestment is achieved by the lodgement of a transfer on a Transfer of Land (Revestment for Non Payment of Rates) (T9) form.
The transfer is signed by the Minister for Local Government or Director General of the Department of Local Government, Sport and Cultural Industries in one part and the appropriate level of Officer on behalf of Department of Planning Lands and Heritage from the Land Use Management Division for the other.
The transfer attracts no lodgement fee or duty and is not subject to Verification of Identity.
The transfer does not require any further evidence. It is not necessary for the Form 2 or Form 7 or any other document under the Local Government Act to be provided with the transfer. The result of this transfer type will cancel the Freehold Title and create a new Crown Land Title.
1Section updated 12/07/2022