4Definitions
(1)
In this Act:
acquisition of land means an
acquisition of land or of any interest in land.
acquisition notice means a notice
under section 19 which declares that land has been acquired by compulsory
process.
authority
of the State means:
(a)
a Minister of the Crown, or
(b)
a statutory body representing the Crown,
or
(c)
a council or a county council within the meaning
of the Local Government Act
1993, or
(d)
any other authority authorised to acquire land by
compulsory process.
Commonwealth Native Title Act or
NTA means the Native Title Act
1993 of the Commonwealth.
compensation notice means a notice
under section 42 which notifies the former owners of land of a compulsory
acquisition, their entitlement to compensation and the amount of compensation
offered.
compulsory acquisition of land means
the acquisition of the land by compulsory process under this
Act.
Crown
land means:
(a)
Crown land within the meaning of the Crown Lands Act 1989,
or
(b)
Crown land dedicated for a public purpose,
or
(c)
any other land of the Crown or of an authority of
the State.
interest in land means:
(a)
a legal or equitable estate or interest in the
land, or
(b)
an easement, right, charge, power or privilege
over, or in connection with, the land.
land includes any interest in
land.
loss
attributable to disturbance of land is defined in section
59.
loss
attributable to severance of land is defined in section
58.
market
value of land is defined in section 56.
native
title and native
title rights and interests has the same meaning as in the
Commonwealth Native Title Act.
owner of land means any person who
has an interest in the land.
proposed
acquisition notice means a notice under section 11 of
intention to acquire land by compulsory process.
public
purpose means any purpose for which land may by law be
acquired by compulsory process under this Act.
registered interest in land means an
interest in the land:
(a)
recorded in the Register kept under the Real Property Act 1900,
or
(b)
recorded in the General Register of Deeds kept
under the Conveyancing Act
1919, or
(c)
recorded in the National Native Title Register
kept under the Commonwealth Native Title Act if the interest is an interest in
relation to land that is the subject of an approved determination of native
title (other than an approved determination that no native title
exists).
solatium is defined in section
60.
special
value of land is defined in section
57.
(2)
For the purposes of this Act, an authority is
authorised to acquire land by compulsory process if:
(a)
the authority is authorised by law to acquire
land by compulsory process under this Act, or
(b)
land is authorised by law to be acquired for the
authority by resumption or appropriation under any provision of the Public Works Act 1912 or the authority
is declared by law to be a Constructing Authority in connection with any such
resumption or appropriation.
(3)
In this Act, a reference to the Minister
responsible for an authority of the State is:
(a)
if that authority is constituted by or under an
Act—a reference to the Minister administering that Act,
or
(b)
if that authority is a Minister—a reference
to that Minister.
(4)
For the purposes of this Act, the owners of
Crown land not vested in any other person include:
(a)
the person having the care and control of the
land, or
(b)
if the land is not under the care and control of
any person—the Minister administering the Crown
Lands Act 1989.
(5)
For the purposes of this Act, owner of
land includes a holder of native title rights and interests in relation to
land.
Note—
Approved
determination of native title, referred to in paragraph (c)
of the definition of registered interest in s 4 (1), is
defined in s 253 NTA.
s 4: Am 1994 No 45,
Sch 1; 1995 No 11, Sch 1; 1998 No 88, Sch 3 [1].