Chapter 07
Personal Property
7.6 Excluded property - Western Australia
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7.6.1

This and other sub sections in this Chapter are reasonably comprehensive (but not exhaustive), State by State lists of rights and licences granted under Commonwealth and State legislation that are excluded from being personal property for PPSA purposes under those laws. The list is based on legislation passed and bills introduced at the time of writing.

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7.6.2

Western Australia

The Personal Property Securities (Consequential Repeals and Amendments) Act 2011 (WA) is the implementing legislation in Western Australia.

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7.6.3

The following mining-related rights, licences and tenements are excluded from being personal property in Western Australia for the purposes of the PPSA:

  1. prospecting licences, exploration licences, retention licences, mining leases, general purpose leases and miscellaneous leases granted under the Mining Act 1978 (WA);
  2. exploration licences, retention licences, mining licences and works licences under the Offshore Minerals Act 2003 (WA);
  3. petroleum exploration permits, geothermal exploration permits, drilling reservations, petroleum retention leases, geothermal retention leases, petroleum production licences and geothermal production licences granted under the Petroleum and Geothermal Energy Resources Act 1967 (WA);
  4. licences granted under the Petroleum Pipelines Act 1969 (WA); and
  5. exploration permits, retention leases, production licences and licences to construct and operate a pipeline under the Petroleum (Submerged Lands) Act 1982 (WA).

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7.6.4

The following other (non-mining) statutory rights and licences are excluded from being personal property in Western Australia for the purposes of the PPSA:

  1. transferrable licences under the Electricity Industry Act 2004 (WA);
  2. transferrable licences under the Energy Coordination Act 1994 (WA);
  3. transferrable permits and licences under sections 88(1), 97A(1), 99A(1) and 101(1) of the Conservation and Land Management Act 1984 (WA);
  4. transferrable river reserve licences under section 32(1) of the Swan and Canning Rivers Management Act 2006 (WA);
  5. transferrable licences under section 15(1) of the Wildlife Conservation Act 1950 (WA);
  6. authorisations granted under section 66(1), fish processor's licences granted under section 83(1) and aquaculture licences granted under section 92(1) of the Fish Resources Management Act 1994 (WA);
  7. pearling and associated rights, entitlements and authorities under the Pearling Act 1990 (WA);
  8. transferrable licences granted under sections 48(1) and 91(5) of the Land Administration Act 1997 (WA);
  9. transferrable licences granted under section 30A(1) of the Liquor Control Act 1988 (WA);
  10. transferrable licences issued under section 9(1) of the Perth Parking Management Act 1999 (WA);
  11. leases of taxi plates under section 16 of the Taxi Act 1994 (WA);
  12. licences granted under the Transport Co-ordination Act 1966 (WA); and
  13. transferrable operating licences granted under the Water Services Act 2012 (WA)

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