Commonwealth Numbered Acts

ABORIGINAL LAND (LAKE CONDAH AND FRAMLINGHAM FOREST) ACT 1987 No. 34 of 1987 - SECT 3

3. (1) In this Act:

"Aboriginal" means a member of the Aboriginal race of Australia;

"Community Council" means the governing committee of the Kirrae Whurrong
Aboriginal Corporation;

"Condah land" means the land shown shaded and hatched on the plan in Part A,
and shown hatched on the plan in Part B, of Schedule 1;

"Corporation" means the Kerrup-Jmara Elders Aboriginal Corporation or the
Kirrae Whurrong Aboriginal Corporation, as the case requires;

"Crown" means the Crown in right of the Commonwealth or of the State of
Victoria, or of both, as the case requires;

"day of vesting", in relation to a Corporation, means the day on which the
relevant land is vested in the Corporation under section 6 or 7;

"Framlingham Forest" means the land shown shaded and hatched on the plan in
Schedule 2;

"Framlingham Reserve" means the lands shown on the plan in the First Schedule
to the Aboriginal Lands Act 1970 of Victoria;

"Governing Committee" means the governing committee of the Kerrup-Jmara
Elders Aboriginal Corporation;

"interest", in relation to land, means: (a) a legal or equitable estate or
interest in the land; or (b) a right, power or privilege over, or in
connection with, the land;

"Kerrup-Jmara Elders Aboriginal Corporation" means the body that is known as
the Kerrup-Jmara Elders Aboriginal Corporation and is incorporated under the
Aboriginal Councils and Associations Act 1976;

"Kirrae Whurrong Aboriginal Corporation" means the body that is known as the
Kirrae Whurrong Aboriginal Corporation and is incorporated under the
Aboriginal Councils and Associations Act 1976;

"mineral" means:

   (a)  a mineral within the meaning of paragraph (a), (b) or (c)
of the definition of "mineral" in subsection 3 (1) of the Mines Act 1958 of
Victoria, other than living matter or a substance declared under that Act not
to be a mineral for the purpose of that definition to the extent to which and
in the circumstances in which the declaration is expressed to apply;

   (b)  petroleum within the meaning of the Petroleum Act 1958 of Victoria; or

   (c)  stone within the meaning of the Extractive Industries Act 1966 of
        Victoria;

"mining operation" means any operation carried out from mining purposes;

"mining purposes" means the purposes of:

   (a)  prospecting for a mineral or winning a mineral from a place where it
        occurs naturally;

   (b)  extracting from its natural state a mineral previously won from a
        place where it occurred naturally if the extraction occurs at or in
        the vicinity of the place where the mineral occurs naturally;

   (c)  disposing of a mineral in connection with operations for a purpose
        mentioned in paragraph (a) or paragraph (b);

   (d)  disposing of waste substances resulting from operations for a purpose
        mentioned in paragraph (a) or paragraph (b); and

   (e)  treating, storing or stacking earth in connection with operations for
        a purpose mentioned in paragraph (a) or paragraph (b) if the treating,
        storing or stacking earth occurs at or in the vicinity of the place
        where the mineral occurs naturally;

"mining tenement" means:

   (a)  an exploration licence under Part V. of the Mines Act 1958 of
        Victoria, a searching permit under subsection 514 (7) of that Act, a
        prospecting area licence under section 325 of that Act, a permit to
        search for stone under section 27 of the Extractive Industries Act
        1966 of Victoria or a petroleum exploration permit under Part IV. of
        the Petroleum Act 1958 of Victoria; or

   (b)  any other lease, licence, permit or other authority under the Mines
        Act 1958 of Victoria or the Petroleum Act 1958 of Victoria;

"relevant land" means:

   (a)  in relation to the Kerrup-Jmara Elders Aboriginal Corporation, the
        Condah land; and

   (b)  in relation to the Kirrae Whurrong Aboriginal Corporation,
        Framlingham Forest.

(2) In provisions of the Lands Acquisition Act 1955 as applying by virtue of
this Act:
(a) "Supreme Court" means the Supreme Court of Victoria;
(b) "date of acquisition", in relation to land, means the date of commencement
of section 6 or 7, as the case requires;
(c) "this Act" means:

        (i)    the Lands Acquisition Act 1955 as applying by virtue of this
               Act; or

        (ii)   this Act; and
(d) "claimant", "court of summary jurisdiction", "mortgagee" and
    "mortgagor" have the meanings they have in the Lands Acquisition
Act 1955.