South Australian Consolidated Acts

LAND ACQUISITION ACT 1969 - SECT 6

6—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"acquisition project" means—

            (a)         the acquisition or proposed acquisition of land under this Act; and

            (b)         the development or use (or the proposed or expected development or use) of the land following its acquisition;

"Authority" means the person authorised by the special Act to acquire land;

"claimant" means a person who has or asserts a claim to compensation under this Act;

"Commonwealth Registrar" means the Native Title Registrar appointed under Part 5 of the Native Title Act 1993 (Cwth);

"compensation" means compensation to which a person is entitled under this Act, and includes the purchase price of land purchased by agreement;

"Court" means the Land and Valuation Court;

"ERD Court" means the Environment, Resources and Development Court constituted under the Environment, Resources and Development Court Act 1993 ;

"infrastructure facility" has the same meaning as in the Native Title Act 1993 (Cwth);

"interest" in land means—

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

            (b)         an easement, right, power, or privilege in, under, over, affecting, or in connection with, the land; or

            (c)         native title in the land;

"interested" in relation to land, means having an interest in the land;

"land" includes an interest in land;

"native title"—for definitions relating to native title see the Native Title (South Australia) Act 1994 ;

"owner" includes a person who holds native title in land;

"prescribed private acquisition" means—

            (a)         an acquisition by the Crown or an instrumentality of the Crown of native title in land for the purpose of conferring rights or interests in relation to the land on a person other than the Crown or an instrumentality of the Crown so that an infrastructure facility may be provided; or

            (b)         an acquisition by the Crown or an instrumentality of the Crown of native title in land wholly within a town or city for the purpose of conferring rights or interests on a person other than the Crown or an instrumentality of the Crown; or

            (c)         an acquisition by the Crown or an instrumentality of the Crown of native title in land situated on the seaward side of the mean high-water mark of the sea for the purpose of conferring rights or interests on a person other than the Crown or an instrumentality of the Crown; or

            (d)         an acquisition of native title in land that is neither made by the Crown or an instrumentality of the Crown nor made for the purpose of conferring rights or interests on the Crown or an instrumentality of the Crown;

"Registrar" means—

            (a)         for all interests in land except native title—the Registrar-General;

            (b)         for native title—the Registrar of the ERD Court;

"registered representative" of native title holders—see Native Title (South Australia) Act 1994 ;

"special Act" means the Act authorising the compulsory acquisition of land;

"subject land" means land acquired or subject to acquisition under this Act;

"town or city" means an area in South Australia that is a town or city for the purposes of the Native Title Act 1993 (Cwth). ¹

        (2)         An explanatory note to a provision of this Act forms part of the provision to which it relates.

        (3)         A reference to the Crown or an instrumentality of the Crown in this Act is taken to have the same meaning as a reference to the State (so far as applicable to South Australia) in the Native Title Act 1993 (Cwth).

Note—

1         See section 251C of that Act.