Victorian Consolidated Legislation

Catchment and Land Protection Act 1994 - SECT 3

Definitions

3. Definitions



(1) In this Act-





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authorised officer means a person appointed under Part 9 of the
Conservation, Forests and Lands Act 1987 to be an authorised officer for the
purposes of this Act;

Authority means a Catchment Management Authority established under Part 2;



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catchment means an area which, through run-off or percolation, contributes to
the water in a stream or stream system;

catchment management means the co-ordinated management of land and water
resources, using catchments as a basis;

controlled pest animal means a controlled pest animal under Part 8;

Council means the Victorian Catchment Management Council established under
Part 2;

Crown land has the same meaning as in the
Conservation, Forests and Lands Act 1987 and includes land of the Crown
managed by the Minister or the Secretary;

Department has the same meaning as in the
Conservation, Forests and Lands Act 1987; directions notice means a notice
under section 70B;

domestic partner of a person in sections 18H and 18L means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

established pest animal means an established pest animal under Part 8;

farm animal means an animal farmed commercially for its meat, its skin or
anything else produced by it;

function includes duty and power;

land includes soil, water, vegetation and fauna on land but excludes a mineral
within the meaning of the Mineral Resources (Sustainable Development) Act 1990
and petroleum;

land degradation means-

   (a)  a decline in the quality or productive capacity of land; or

   (b)  the infestation of land by noxious weeds or pest animals;

land management notice, except in Division 1 of Part 5, means a land
management notice under Division 1 or an interim land management notice under
Division 2 of that Part;

land owner means-

   (a)  the registered proprietor of an estate in fee simple in land under the
        Transfer of Land Act 1958; or

   (b)  the owner in fee simple of land alienated by the Crown and-

   (i)  in an identified folio under the Transfer of Land Act 1958; or

   (ii) not under the Transfer of Land Act 1958- and not mortgaged; or

   (c)  a person who has the equity of redemption in land alienated by the
        Crown and mortgaged and-

   (i)  in an identified folio under the Transfer of Land Act 1958; or

   (ii) not under the Transfer of Land Act 1958; or

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   (e)  the occupier, under a lease, licence or other right, of Crown land; or

   (f)  the Roads Corporation, if land is a freeway or an arterial road within
        the meaning of the Road Management Act 2004; or

   (g)  the Director within the meaning of the National Parks Act 1975, for
        Crown land in a national park or park within the meaning of that Act;
        or

   (h)  for Crown land that is not referred to in paragraphs (e) to (g) and
        that is managed by a Minister or public authority, that Minister or
        public authority;

land protection means measures intended to maintain or enhance the quality or
productive capacity of land or protect it from infestation by pest animals or
noxious weeds;

land use condition means a condition imposed under Division 3 of Part 4;
nominated officer means each senior officer of an Authority who is nominated
by the board of an Authority;

noxious weed means-

   (a)  a State prohibited weed; or

   (b)  a regionally prohibited weed; or

   (c)  a regionally controlled weed; or

   (d)  a restricted weed;

pest animal means-

   (a)  a restricted pest animal; or

   (b)  an established pest animal;

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primary production means agriculture, apiculture, aquaculture, forestry or
horticulture; priority area means an area declared to be a priority area under
section 47A;

priority area notice means a notice under section 47A;



prohibited pest animal means a prohibited pest animal under Part 8;

public authority has the same meaning as in the
Conservation, Forests and Lands Act 1987;

region means a catchment and land protection region under Part 2;

regional catchment strategy means a regional catchment strategy under Division
1 of Part 4;

regionally controlled weed means a regionally controlled weed under Part 8;

regionally prohibited weed means a regionally prohibited weed under Part 8;

regulated pest animal means a regulated pest animal under Part 8; relative has
the same meaning as in the Water Act 1989;

restricted pest animal means-

   (a)  a prohibited pest animal; or

   (b)  a controlled pest animal; or

   (c)  a regulated pest animal;

restricted weed means a restricted weed under Part 8; return period, in
relation to the ordinary return of a member of the Authority or a nominated
officer in section 18L, means-

   (a)  if the last return of the member or nominated officer was a primary
        return, the period between the date of the primary return and the next
        30 June; or

   (b)  if the last return of the member or nominated officer was an ordinary
        return, the period between the date of the ordinary return and the
        next 30 June;



road includes-

   (a)  public highway, street, lane, footway, square, court, alley or right
        of way, whether a thoroughfare or not and whether accessible to the
        public generally or not; and

   (b)  land reserved or proclaimed as a street or road under the
        Crown Land (Reserves) Act 1978 or the Land Act 1958;

roadside means-

   (a)  if a road is sealed, formed or graded, the area between the made
        surface of the road and the boundary of the land adjoining the road;
        or

   (b)  in the case of an unmade road on land alienated in fee simple by the
        Crown or Crown land occupied under a lease or licence, the land so
        alienated or occupied; or

   (c)  in the case of an unmade road on Crown land not occupied under a lease
        or licence, the half width of the road;

Secretary means the body corporate established under Part 2 of the
Conservation, Forests and Lands Act 1987;

sell includes any of the following-

   (a)  barter or exchange;

   (b)  agree to sell or offer or expose for sale;

   (c)  receive for sale;

   (d)  have in possession for sale;

   (e)  send, forward or deliver for sale;

   (f)  advertise for sale;

   (g)  sell for re-sale;

   (h)  cause, permit or attempt any of the acts or things mentioned in
        paragraphs (a) to (g);

   (i)  give away;

special area plan means a special area plan under Division 2 of Part 4;

special water supply catchment area means land declared to be a special water
supply catchment area under Division 2 of Part 4;

State prohibited weed means a State prohibited weed under Part 8; subordinate
instrument has the same meaning as in the
Interpretation of Legislation Act 1984;

water resources means the quality, quantity, or rate of flow, of water;

waterway has the same meaning as in the Water Act 1989.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.