Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 3

Definitions

3. Definitions



(1) In this Act-



"agreement" means a land management co-operative agreement under Part 8;



"authorised officer" means an authorised officer appointed under Part 9;



"authority" includes consent, approval, endorsement, licence, permit or
registration;

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"Code of Practice" means a Code of Practice under Part 5 as amended and in
force for the time being;



"Crown land" means land which is, or is deemed to be, unalienated land of the
Crown and includes-

   (a)  land of the Crown reserved permanently or temporarily or set aside by
        or under an Act; and

   (b)  land of the Crown occupied by a person under a lease, licence or other
        right; and

   (c)  land of the Crown managed by a public authority other than the
        Department or the Secretary; and

   (d)  land of the Crown which is, or is part of, a national park or a park
        within the meaning of the National Parks Act 1975;



"Department" means the Department of Sustainability and Environment;







"Department Head" means the Department Head (within the meaning of the
Public Administration Act 2004) of the Department;





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"forest produce" has the same meaning as it has in the Forests Act 1958;





"former authority" means any of the following bodies-

   (a)  the Forests Commission established under the Forests Act 1958;

   (b)  the Soil Conservation Authority established under the Soil
        Conservation and Land Utilization Act 1958;

   (c)  the Vermin and Noxious Weeds Destruction Board established under the
        Vermin and Noxious Weeds Act 1958;



"land owner"-

   (a)  in relation to land which has been alienated from the Crown and is
        under the operation of the Transfer of Land Act 1958 (other than land
        in an identified folio under that Act) means the person who is
        registered as a proprietor, or the persons who are registered as the
        proprietors, of an estate in fee simple in the land; and

   (b)  in relation to land which has been alienated by the Crown and is land
        in an identified folio under the Transfer of Land Act 1958 or land not
        under the operation of the Transfer of Land Act 1958, means the person
        who is the owner, or the persons who are owners, of the fee or equity
        of redemption; and

   (c)  in relation to Crown land which is occupied under a lease, licence or
        other right, means the occupier under that lease, licence or right;
        and

   (d)  in relation to Crown land which is managed or controlled by a
        public authority, (other than the Secretary) or a Minister (other than
        the Minister administering this Act) means the public authority or
        Minister that manages or controls the land; and

   (e)  in relation to vested land, means the
        Victorian Plantations Corporation or, if the land is licensed under
        Part 3A of that Act, the licensee (within the meaning of that Part) of
        the land;



"public authority" means a body corporate created for a public purpose by or
under an Act and includes-

   (a)  a municipal council; and

   (b)  the State Superannuation Board; and

   (c)  a college or university or other educational institution incorporated
        by or under an Act; and

   (d)  a body for the time being declared to be a public authority under
        sub-section (3);



"rate" includes land tax;



"rating authority"-

   (a)  in relation to land tax, means the Commissioner of State Revenue; and

   (b)  in relation to rates levied under an Act, means the body which levies
        the rate;



"relevant law" means, in relation to any provision of this Act-

   (a)  this Act;

   (b)  the regulations;

   (c)  an Act specified in Schedule 1;

   (d)  regulations under an Act specified in Schedule 1- and, in Part 9
        (except sections 89, 97 and 98), includes an Act specified in
        Schedule 1A and regulations under any such Act;





"Secretary" means-

   (a)  in relation to the Fisheries Act 1995 in section 11(2) and Part 9
        (except section 94), the Secretary to the Department of Primary
        Industries; and

   (b)  in any other case, the body corporate established by Part 2;



"successor in title" in relation to vested land means-

   (a)  if the land owner is the Victorian Plantations Corporation, any
        licensee of the vested land within the meaning of Part 3A of the
        Victorian Plantations Corporation Act 1993; and

   (b)  if the land owner is a licensee of the vested land under a licence
        granted under that Part, any assignee of an interest in the licence or
        any person to whom an interest in the licence comes by operation of
        law;



"vested land" has the same meaning as it has in the
Victorian Plantations Corporation Act 1993;



"VicForests" means the State body known as "VicForests" established under
section 14 of the State Owned Enterprises Act 1992 by Order in Council dated
28 October 2003 published in the Government Gazette on 28 October 2003;



"Victorian Plantations Corporation" has the same meaning as in the
Victorian Plantations Corporation Act 1993.

(2) If under the Public Administration Act 2004 the name of the Department of
Sustainability and Environment is changed, a reference in the definition of
"Department" in sub-section (1) to that Department must, from the date when
the name is changed, be treated as a reference to the Department by its new
name.





(2A) A reference in this Act to anything done or to be done by the Secretary
by instrument under seal when referring to the Secretary to the Department of
Primary Industries is to be taken to mean done or to be done by the Secretary
by instrument in writing.

(3) The Governor in Council may by Order published in the Government Gazette
declare a body corporate constituted by or under an Act to be a
public authority for the purposes of sub-section (1).