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RURAL LANDS PROTECTION ACT 1998 -
DICTIONARY
In this Act:
"administrator" means an administrator appointed under Part 14.
"animal health rate" means a rate levied by an authority under Part 7 as an
animal health rate.
"annual return" means a return lodged or required to be lodged with an
authority under section 76.
"appointed director" means a director of a board of an authority referred to
in section 39 (3) (b).
"appropriate local land board", in relation to any land, means the local land
board for the land district (within the meaning of the Crown Lands Act 1989 )
in which the land is situated.
"approved form" means:
(a) the form prescribed by the regulations for the
purposes of the provision in relation to which the expression is used, or
(b)
if no such form is prescribed, the form (if any) approved by the State Council
for the purposes of the provision in relation to which the expression is used.
"authorised officer" means a person authorised as an authorised officer under
section 185.
"authorising authority" means: (a) in relation to an authorised officer
appointed by an authority-the authority, or
(b) in relation to an authorised
officer appointed by the Minister-the Minister, or
(c) in relation to an
authorised officer appointed by the State Council-the State Council, or
(d)
in relation to an authorised officer appointed by the Director-General-the
Director-General.
"authority" means a livestock health and pest authority constituted for a
district under this Act.
"board" means a board of an authority.
"cattle" means a bull, cow, ox, heifer, steer, calf or buffalo.
"Chief Executive Officer" means the Chief Executive Officer of the
State Council holding office as such under Chapter 1A of the
Public Sector Employment and Management Act 2002 .
"controlling authority" of a stock watering place-see section 131.
"critical habitat" has the same meaning as in the
Threatened Species Conservation Act 1995 .
"Crown land" has the same meaning as it has in the Crown Lands Act 1989 .
"Crown Lands Acts" has the same meaning as it has in the Crown Lands Act 1989
.
"Crown road" has the same meaning as it has in the Roads Act 1993 .
"Department" means the Department of Industry and Investment.
"director",
"director of a board",
"director of a district" and
"director of an authority" means a director of a board of an authority.
"Director-General" means the Director-General of the Department.
"district" means a livestock health and pest district constituted by or under
this Act.
"Eastern and Central Division" means the Eastern and Central Division of New
South Wales as defined by section 4 of the Crown Lands Act 1989 .
"ecological community" has the same meaning as in the
Threatened Species Conservation Act 1995 .
"elected director" means a director of a board of an authority referred to in
section 39 (3) (a) (and includes any director appointed under clause 2 (2) of
Schedule 2).
"enrolled" means enrolled in accordance with Schedule 2 as an elector in
respect of a district or a division of a district.
"exercise" a function includes perform a duty.
"fauna" means any mammal, bird, reptile or amphibian.
"function" includes a power, authority or duty.
"function management plan" -see Division 3 of Part 6.
"general election" -see clause 6 of Schedule 2.
"general rate" means a rate levied by an authority under Part 7 as a general
rate.
"goat" includes a buck, doe, wether and kid.
"guidelines" means guidelines issued by the State Council under section 23.
"holding" means: (a) a parcel of land, or
(b) several parcels of land which:
(i) are contiguous with one another or are separated from one another only by
a road, river, creek or other watercourse, and
(ii) constitute or are worked
as a single property,
irrespective of whether those parcels are held under the
same title or different titles or titles of different kinds or whether they
are in the same district. Note: See section 8 (When is a holding within a
district?).
"horse" means a horse, mare, gelding, colt, filly, foal, hinny, mule, donkey
or ass.
"Land Register" means the Register kept under the Real Property Act 1900 .
"large stock" means horses, cattle, camels or deer.
"local authority" means a council within the meaning of the
Local Government Act 1993 .
"local land board" means a local land board constituted under the
Crown Lands Act 1989 or under the Western Lands Act 1901 .
"memorandum of understanding" means the memorandum of understanding referred
to in section 13.
"occupier" of land means the following: (a) the person for the time being
entitled to possession of land and includes, if the person so entitled does
not reside on the land, the resident manager or other person in charge of the
land,
(b) if the land is public land to which no person is entitled to
possession-the person having the care, control and management of the land,
(c) if the land is reserved or dedicated for any public use or purpose-the
trustee or trustees of the land,
(d) if the land consists of a public
road-the roads authority for that road within the meaning of the Roads Act
1993 ,
(e) if the land consists of a travelling stock reserve-the responsible
authority within the meaning of Part 8,
(f) any other person designated by
the regulations as an occupier of land for the purposes of this definition.
"owner" of land includes: (a) the holder, or the holder subject to mortgage,
of any lease or licence or promise of any lease or licence from the Crown, or
(b) the holder, or the holder subject to mortgage, of any incomplete purchase
or perpetual lease from the Crown, or
(c) the person entitled to an estate of
freehold in possession: (i) whether in fee simple or for life or otherwise, or
(ii) whether at law or in equity, or
(iii) whether absolutely or by way of
mortgage, or
(d) the person in whom is vested any land taken or appropriated
under the authority of any statute authorising land to be taken or
appropriated for the purpose of any private undertaking.
"pig" includes boar, sow, barrow, piglet and sucker.
"Policy Council" means the State Policy Council of Livestock Health and Pest
Authorities established by this Act.
"premises" includes any land, structure, building, aircraft, vehicle and place
(whether built on or not) and any part of it.
"private holding" and
"private land" mean respectively a holding and land not including or being
public land.
"property" means property of all kinds, whether real or personal and whether
tangible or intangible and, in particular, includes choses in action.
"protected fauna" means protected fauna within the meaning of the
National Parks and Wildlife Act 1974 .
"public authority" includes: (a) a Minister of the Crown, or
(b) a local
authority constituted by or under an Act, or
(c) a government department, or
(d) a statutory body representing the Crown, or
(e) the trustee or trustees
of land reserved or dedicated for any public use or purpose, or
(f) a State
owned corporation, or
(g) a member of staff or other person who exercises
functions on behalf of any of the above.
"public land" means: (a) Crown land that is not the subject of a contract for
sale, or
(b) land, not being a road, that is the subject of a dedication or
permanent reservation for public uses or purposes,
being land that is not the
subject of any lease or licence under the Crown Lands Acts or under any other
Act authorising the occupation or use of land vested in the Crown.
"public road" has the same meaning as it has in the Roads Act 1993 .
"rate" means a rate fixed under Part 7.
"rateable land" -see section 60.
"record" includes a 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.
"reserve use permit" means a permit used under section 100.
"selection on merit", in relation to the appointment of a Policy or
State Council member or a director, means the appointment of the member or
director after some form of open competition involving the selection of the
member or director to be appointed as the person who has the greatest merit
among candidates for appointment.
"sheep" includes ram, ewe, wether and lamb.
"special election" -see clause 9 of Schedule 2.
"State Council" means the State Management Council of Livestock Health and
Pest Authorities constituted by this Act.
"State forest" means a State forest within the meaning of the Forestry Act
1916 .
"stock" means cattle, horses, sheep, goats, camels, alpacas, llamas, pigs,
deer, ostriches, emus or, in relation to any specified provision or provisions
of this Act, any other kind of animal declared by the regulations to be stock
for the purposes of that provision or those provisions.
"stock permit" means a permit issued under section 101.
"stock watering place" means any land declared to be a stock watering place
under section 129.
"threatened species" means threatened species within the meaning of the
Threatened Species Conservation Act 1995 .
"travelling stock" has the meaning it has in section 84.
"travelling stock reserve" -see section 84.
"tree" means a tree of any description and includes a sapling and a seedling
of a tree.
"vehicle" includes any means of road, rail, waterborne or airborne transport.
"Western Division" has the same meaning as it has in section 4 of the
Crown Lands Act 1989 .
"Western Lands Commissioner" means the person holding office as such under
Part 2 of the Public Sector Management Act 1988 .
"wildlife" means protected fauna and native plants.
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