Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, unless the contrary intention appears –
"acquire" means purchase or take;
"acquiring authority" or "authority" means the Crown, a public authority, a local authority or a promoter;
"arbitrator" means a Special Arbitrator or an arbitrator under the Commercial Arbitration Act 1986, as the case requires;
"authorized purpose", in relation to the acquisition of land, means a purpose for which the land may be acquired by an acquiring authority;
"authorized securities" means securities in which trustees are authorized to invest trust funds by section 5 of the Trustee Act 1898;
"claimant" means a person who claims an entitlement to compensation under this Act;
"clerk", in relation to an acquiring authority, means –(a) a general manager within the meaning of the Local Government Act 1993;
(b) . . . . . . . .
(c) the secretary or similar officer of a public authority; or
(d) a promoter; or
(e) the secretary or similar officer of a promoter;
"convey" includes surrender, release, transfer, assign and otherwise assure;
"Court" means the Supreme Court of Tasmania;
"the Crown" includes the Governor and a Minister of the Crown when they are authorized as provided in section 4;
"encumbrance" means a charge or encumbrance on land, other than a mortgage;
"estate", in relation to land, includes any estate, interest, easement, right, title, claim, demand, charge, lien or encumbrance in, over, to or in respect of that land;
"former owner", in relation to land that has been acquired, means a person who –(a) was an owner of that land when the first notice to treat was served; or
(b) became an owner of that land subsequent to that service but before the notice of acquisition in respect of that land was gazetted;
"Government Department" means a Government department established under the State Service Act 2000 or by any other enactment as a Government department within the meaning of that Act;
"judge" means a judge of the Supreme Court;
"land" includes messuages, tenements, hereditaments, buildings attached to the land and any estate in the land;
"lease" includes an agreement for a lease;
"legal practitioner" means an Australian legal practitioner;
"local authority" means the council exercising jurisdiction in the locality to which the context relates;
"major infrastructure project" has the same meaning as in the Major Infrastructure Development Approvals Act 1999;
"notice of acquisition" means a notice of acquisition gazetted under section 18 or 70;
"notice of withdrawal" means a notice of withdrawal under section 12;
"notice to treat" means a notice to treat under section 11;
"owner", in relation to land, means a person who, whether jointly or severally, is seised or possessed of, or entitled to, an estate in the land at any time on and from the day on which a notice to treat in respect of the land is first served on a person until (but not including) the day on which a notice of acquisition in respect of the land is gazetted, and includes a person who is enabled under this Act, any other Act or any instrument to sell or convey the land to an acquiring authority;
"prescribed rate", in relation to interest on compensation payable by an acquiring authority, means the rate that, on any day, is advised by the Commonwealth as being the weighted average issue yield for the longest term stock in the most recent Treasury bond tender;
"proclaimed day" means the day fixed by proclamation under section 2;
"promoter" means a person, other than a public or local authority, empowered by a special Act to execute the works or undertaking authorized by that Act;
"public authority" means a body or authority, whether incorporated or not, established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises persons appointed by the Governor, a Minister of the Crown or another public authority, but does not include a Government Department or a local authority;
"public purpose" means a purpose related to the administration of the Government of this State;
"purchase" means purchase by agreement under this Act;
"reconvey" means convey land taken to its former owner under section 23(1);
"regulations" means regulations made and in force under this Act;
"Rules of Court" means the Rules of Court made under the Supreme Court Civil Procedure Act 1932 and the Civil Process Act 1985;
"Secretary" means the Secretary of the Department;
"special Act" means an Act authorizing the acquisition of land for the purpose of an acquiring authority other than the Crown;
"Special Arbitrator" means a Special Arbitrator appointed under section 6;
"subject land" means land acquired or being acquired under this Act;
"take", in relation to land, means take by compulsory process under this Act.
(2) In this Act, a reference to the "acquiring authority" or "authority" is a reference to the acquiring authority concerned with or affected by the matter to which the context relates.
(3) In this Act, a reference to "the 1965 Rules" is a reference to the Rules of the Supreme Court 1965 made under the Supreme Court Civil Procedure Act 1932, as amended from time to time, and to any rules made in substitution for those rules.