"Crown lands" means lands of the Island which are vested in the Crown and not
permanently dedicated to any public purpose.
"Island" means the island known as Lord Howe Island and all adjacent islands
and coral reefs situated within one marine league measured from low-water mark
on the coast of Lord Howe Island together with the islands known as Ball's
Pyramid, Wheatsheaf Island, Observatory Rock and South-East Rock and the
unnamed islands in the vicinity thereof.
"Islander" means, subject to subsection (2), a person who:
(a) resided on the
Island immediately before the commencement of Schedule 1 (2) (c) to the Lord
Howe Island (Amendment) Act 1981 , and was an Islander within the meaning of
this Act as in force immediately before that commencement,
(b) has resided on
the Island continuously since that commencement and for the period of 5 years
that immediately preceded that commencement,
(c) resides on the Island and
has so resided continuously during the immediately preceding period of 10
years, or
(d) is, on the recommendation of the Board made in special
circumstances, declared by the Minister, by order published in the Gazette and
for the time being in force, to have retained or acquired the status of an
Islander.
"Regulations" means regulations made under this Act.
"Reside" and
"residence" mean a residing by the person referred to in the context
continuously and in good faith on the land indicated by the context as his or
her usual home, without any other habitual residence.
"Vacant Crown lands" means Crown lands not reserved or dedicated or held under
any lease from the Crown.
(2) In determining for the purposes of this Act
whether a person resided or resides on the Island at any time or resided
continuously on the Island during any period, an absence from the Island:
(a)
to attend a school, college, university or other educational institution,
(b)
at any time when a school, college, university or other educational
institution attended by that person is closed for a holiday or during a
vacation,
(c) during any period not exceeding 10 years or during periods
totalling not more than 10 years, for the purpose of gaining experience in a
trade, profession or other gainful employment,
by a person who, immediately
before the commencement of the person's first such absence, resided on the
Island shall be deemed not to interrupt residence on the Island.
(3) Notes
included in this Act do not form part of this Act.
