Tasmanian Consolidated Acts

LAND VALUERS ACT 2001 - SECT 3

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

"accredited course" means –

(a) a degree (Undergraduate 1); or

(b) a tertiary qualification –

if the degree or qualification is approved by the Australian Property Institute or by any other organisation representing the professional interests of land valuers in Tasmania and includes any other course that is approved by that Institute or organisation as being of equivalent standard to any such degree or qualification;

"Australian Property Institute" means the incorporated association established to represent professional land valuers and other property professionals in Tasmania;

"authorised officer" means the Director or a person declared to be, or appointed as, an authorized officer under the Fair Trading Act 1990;

"Board" means the Valuers Registration Board established under the repealed Act;

"commencement day" means the day fixed under section 2(2);

"court" means the Magistrates Court;

"Director" means the Director of Consumer Affairs and Fair Trading;

"director" of a body corporate includes –

(a) a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position; and

(b) any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;

"document" includes –

(a) a book, plan, paper, parchment or other material on which there is writing or printing, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and

(b) a disk, tape, paper or other device from which sounds or messages are capable of being reproduced;

"land" includes –

(a) messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description (whatever may be the estate or interest in them), together with all structures, paths, passages, ways, waters, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals and quarries and all trees and timber on land or lying or being under land; and

(b) any structure which is above land but permanently anchored to, or otherwise kept in place above, the land;

"land valuer" means a person who carries on the business, or is engaged in the business, that consists of or involves valuing land and, for the purposes of Part 2, includes a person who was at any time registered under the repealed Act;

"repealed Act" means the Valuers Registration Act 1974.

      (2) For the purposes of the definition of "land" in subsection (1), a person who has a licence to enter or remain on land is taken to have an interest in the land.

      (3) Where the Australian Property Institute ceases to exist, or ceases to exist under that name, the Governor may, by order, amend this Act by substituting for that Institute the name of any other organisation which the Governor is satisfied represents the interests of land valuers in Tasmania.