New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 3

3 Definitions

(1) In this Act:
"affairs" includes activities.
"alienate", in relation to land, includes sell or exchange land, but does not include mortgage, charge or encumber, or grant a lease or licence over, land.
"common" means:

(a) a parcel of land which, on or before 1 February 1909, had, by any instrument made by the Governor, been set aside as a common for the use of the inhabitants of any specified locality or the cultivators or farmers of any locality in which the parcel of land is situated, or

(b) any parcel of land which, after that date, has been set aside by the Governor or the Minister, by notice published in the Gazette, as a common or for pasturage for the use of the inhabitants of a specified locality,

but does not include such a parcel where the setting aside of the common has been revoked or otherwise terminated.
"commoner", in relation to a common, means a person whose name is entered on the commoners’ roll kept in respect of the common.
"commoners’ roll", in relation to a common, means the roll kept in respect of the common in accordance with section 10.
"Crown Lands Acts" has the same meaning as in the Crown Lands Act 1989 .
"financial year", in relation to a trust, means the financial year of the trust as fixed by or in accordance with section 40.
"former Act" means the Commons Regulation Act 1898 .
"land district":

(a) in relation to land in the Eastern and Central Division, means a land district established under section 8 of the Crown Lands Act 1989 , and

(b) in relation to land in the Western Division, means an administrative district established under section 9 of the Western Lands Act 1901 .

"local authority" means a council within the meaning of the Local Government Act 1993 .
"local government area" has the same meaning as "area" has in the Local Government Act 1993 .
"local land board" means a local land board constituted under the Crown Lands Act 1989 .
"management plan" means a draft management plan adopted in accordance with section 27.
"office bearers", in relation to a trust board, means the president, secretary and treasurer of the board.
"record" includes a commoners’ roll, book, account, deed, writing, document and any other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means.
"set aside" includes allotted, granted, notified, set apart, devoted, reserved, appropriated and dedicated.
"temporary licence" means a licence granted under section 22.
"this Act" includes the regulations.
"transaction", in relation to land, means any transaction which creates, transfers, charges, encumbers, varies or extinguishes an estate or interest in land, and includes a transfer, a conveyance, a lease, a mortgage, a covenant and a grant of a licence, and also includes a grant or reservation of an easement or other incorporeal hereditament.
"trust" means a trust established in respect of a common under section 4 (1) or by section 4 (3).
"trust board", in relation to a trust, means the trust board elected or taken to be elected under this Act to manage the affairs of the trust.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) In this Act, a reference to the commoners in relation to a trust, a trust board or a local authority that is, or an administrator who is, managing the affairs of a trust is a reference to the commoners whose names appear on the roll of commoners kept in respect of the common for which the trust is established.

(4) In this Act, a reference to the Eastern and Central Division or to the Western Division is a reference to the Eastern and Central Division or the Western Division within the meaning of section 4 of the Crown Lands Act 1989 .

(5) In this Act, a reference to the premises of a trust includes a reference to the trust’s principal place of administration, whether that place is vested in or occupied by the trust or not.

(6) Notes included in this Act do not form part of this Act.