Commonwealth Consolidated Acts

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LANDS ACQUISITION ACT 1989 - SECT 6

Definitions

                   In this Act, unless the contrary intention appears:

"Account " means the Lands Acquisition Account continued in existence by section 89A.

"acquiring authority " means:

                     (a)  the Commonwealth; or

                     (b)  a Commonwealth authority.

"Australia " includes the external Territories.

"authorised person " has the meaning given by section 7.

"authority " does not include:

                     (a)  a body politic;

                     (b)  an incorporated association or society;

                     (c)  an incorporated company; or

                     (d)  a body of trustees.

"Commonwealth authority " means an authority:

                     (a)  that is incorporated by or under a law of the Commonwealth or by or under a law of a Territory, other than:

                              (i)  an enactment as defined by section 3 of the Australian Capital Territory (Self-Government) Act 1988 ;

                             (ii)  a law of the Northern Territory; and

                     (b)  that is not declared by the regulations to be an exempt authority.

"compensation claim form " means a form approved by the Minister for the purposes of subsection 67(2).

"Court or Federal Court" means the Federal Court of Australia.

"Crown land " means land the property of the Commonwealth, a State or a Territory.

"dispose " includes grant or create.

"interest " , in relation to land (including overseas land), means:

                     (a)  any legal or equitable estate or interest in the land;

                     (b)  a restriction on the use of the land, whether or not annexed to other land; or

                     (c)  any other right (including a right under an option and a right of redemption), charge, power or privilege over or in connection with the land or an interest in the land;

and includes the interest of the Commonwealth, a State or a Territory in Crown land.

"land " means land in Australia.

"mortgage " means a security over an interest in land (including overseas land) securing the payment or repayment of money.

"mortgagee " , in relation to a mortgage, means the person who is or was entitled to receive payment or repayment of the money secured by the mortgage.

"mortgage interest " means the interest in land of a mortgagee under a mortgage.

"mortgagor " , in relation to a mortgage, means the person who is or was the owner of the interest in land subject to the mortgage.

"overseas land " means land outside Australia.

"planning instrument " means an instrument made under a law of the Commonwealth, a State or a Territory that relates to town planning or use of land.

"pre-acquisition declaration " means a declaration under subsection 22(1).

"public park " means land that, under a law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or national park or otherwise for the purposes of public recreation.

"public purpose " means a purpose in respect of which the Parliament has power to make laws and includes, in relation to land in a Territory, any purpose in relation to the Territory.

"Tribunal " means the Administrative Appeals Tribunal.

"unreviewable pre-acquisition declaration " means a pre-acquisition declaration that includes a statement under subsection 22(6).



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