South Australian Consolidated Acts South Australian Consolidated Acts (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;
"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;
"the Tribunal" means the Pastoral Land Appeal Tribunal established under this
Act;
"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.
(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 .