PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 3

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 3

3—Interpretation

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

"Aboriginal people" means the people who inhabited Australia before European colonisation;

"Aboriginal person" means a descendant of the Aboriginal people who is accepted as a member by a group in the community who claim descent from the Aboriginal people;

"authorised officer" means—

            (a)         a police officer; or

            (b)         a person appointed by the Minister as an authorised officer for the purposes of this Act;

"the Board" means the Pastoral Board established under this Act;

"Crown land" means land held by the Crown that has not been alienated in fee simple and is not part of a reserve under the National Parks and Wildlife Act 1972 or subject to any lease (other than a mining lease), agreement to purchase or dedication;

"degradation" of land means a decline in the quality of the natural resources of the land resulting from human activities on the land, and "degraded" has a corresponding meaning;

"ILUA" means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth, the parties to which must include, but are not limited to, the Crown, a lessee of pastoral land and a native title group;

"motor vehicle" means any vehicle capable of being driven or ridden that is propelled by means of an engine;

"native title group" means—

            (a)         in the case where the ILUA is an ILUA (body corporate agreement) under Part 2 Division 3 Subdivision B of the Native Title Act 1993 of the Commonwealth—the persons referred to in section 24BD(1) of that Act; and

            (b)         in the case where the ILUA is an ILUA (area agreement) under Part 2 Division 3 Subdivision C of the Native Title Act 1993 of the Commonwealth—the persons referred to in section 24CD(2) or (3) (as the case requires) of that Act; and

            (c)         in any case—

                  (i)         a person who is, pursuant to section 24EA of the Native Title Act 1993 of the Commonwealth, bound by a particular ILUA; and

                  (ii)         a person—

                        (A)         who holds native title; or

                        (B)         who is a member of a native title claim group (within the meaning of the Native Title Act 1993 of the Commonwealth),

in relation to the land or waters subject to a particular ILUA; and

                  (iii)         any other person identified in the regulations as being included within the ambit of this definition,

but does not include a person identified in the regulations as being excluded from the ambit of this definition;

"pastoral land" means land comprised in a pastoral lease;

"pastoral lease" means a lease granted under this Act over Crown land for pastoral purposes;

"pastoral purposes" means the pasturing of stock and other ancillary purposes;

"rehabilitation" of degraded land means to bring the land back to at least the condition it was in before its degradation, having particular regard to its capacity to carry stock and its level of soil stability;

"the repealed Act" means the Pastoral Act 1936 repealed by this Act;

"solar energy facility" means a facility for the harnessing of energy from the sun;

"stock" means any species of animal permitted by the terms of a pastoral lease to be pastured by the lessee on the land as part of the commercial enterprise under the lease;

"Tribunal" means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 ;

"unimproved value", in relation to land, means unimproved value as defined in the Valuation of Land Act 1971 ;

"variation" of conditions includes an addition, deletion or substitution, and "to vary" has a corresponding meaning;

"wind farm" means a facility for the harnessing of energy from the wind;

"wind farm licence" means a licence under Part 6 Division 4 authorising the operation of a wind farm (or specified aspects of a wind farm) on pastoral land, including the construction of access roads and infrastructure associated with the wind farm.

        (2)         For the purposes of the definition of "ILUA", a "native title group" does not include a person who would not, but for the operation of paragraph (c) of the definition of "native title group", be included in the definition of "native title group .