Victorian Consolidated Legislation

Land Act 1958 - SECT 3

Definitions

3. Definitions









(1) In this Part unless inconsistent with the context or subject-matter-



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agriculture includes horticulture and grazing;



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cattle in Divisions eight and fourteen of this Part includes bulls cows oxen
heifers steers calves horses mares geldings colts and fillies;

cattle in Divisions twelve and thirteen of this Part includes bulls cows oxen
heifers steers calves horses mares geldings colts fillies asses mules sheep
and goats;

country lands means any lands not situate within any city town or borough;

cultivate includes planting cereal or root crops planting an orchard vineyard
nursery shrubbery or wattles or other trees or laying down land with
artificial grasses; domestic partner of a person means-

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

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender);

fence means a fence of one of the following kinds-

   (a)  a post and rail fence at least 1×06 metres in height of substantial
        material firmly erected with no greater distance between the rails or
        the bottom rail and the ground than 300 millimetres unless there is a
        wire (which may be wholly or partly barbed wire) inserted between the
        rails and the posts not more than 2×75 metres apart;

   (b)  a substantial paling or picket fence at least 1×06 metres in height
        with no greater distance between the palings or pickets than 100
        millimetres;

   (c)  a substantial wire fence at least 1×06 metres in height having wires
        (which may be wholly or partly barbed wires) tightly stretched with no
        greater distance between each of the three lowest wires or the bottom
        wire and the ground than 150 millimetres and the posts or standards or
        binding wires of which are not more than 3×35 metres from each other
        with straining posts not more than 375 metres apart;

   (d)  a natural ditch waterway not less than 2×14 metres broad at the top
        and 1×22 metres broad at the bottom and not less than 1×06 metres deep
        with a stream of water running in it and with a bank with a slope of
        not more than one in three or any fence or combination of the
        above-mentioned fences on either side thereof being not more than 460
        millimetres from the edge of the ditch and the top not being less than
        610 millimetres above the level of the ground;

forest produce means forest produce within the meaning of the
Forests Act 1958;





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metropolis means the waterway management district of Melbourne Water
Corporation under the Water Act 1989;



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noxious weed has the same meaning as in the
Catchment and Land Protection Act 1994;



occupy in Division four of this Part means except where otherwise expressly
provided residence by a selection purchase lessee in his own proper person on
or within nine kilometres of his allotment;

Part means Part of this Act;

perpetual lessee includes any transferee assignee and representative of a
perpetual lessee and any person to whom the interest of a perpetual lessee
comes by operation of law and shall be deemed to be included in the terms
owner and proprietor in every Act where such terms refer to lands and in the
term occupier in the Fences Act 1968;

pest animal means a pest animal under the
Catchment and Land Protection Act 1994;



protected forest means protected forest within the meaning of the
Forests Act 1958;



regulations means regulations made under this Act;

road includes-

   (a)  a street; and

   (b)  Crown land delineated or shown as a road in any original map or plan
        in the Central Plan Office under the Survey Co-ordination Act 1958 in
        accordance with which Crown land has or may have been sold, leased or
        licensed, or become subject to a residence area right, excluding
        formed or metalled roads constructed or maintained by a municipal
        council; and

   (c)  Crown land proclaimed to be a road under section 25(3)(c) or under a
        corresponding previous enactment or under any other Act relating to
        Crown lands; and

   (d)  Crown land which has or may have been reserved as a road under the
        Crown Land (Reserves) Act 1978 and the reservation published in the
        Government Gazette- but does not include any road or street on land
        alienated in fee simple by the Crown;



selector under any previous Land Act or Acts means any person who has selected
Crown lands under Part II of The Land Act 1862 or who has become a lessee of
any Crown lands under Part II of The Amending Land Act 1865 or who is or has
been a licensee under Part II of The Land Act 1869 or who has selected land
under Part I of the Land Act 1915 or any amendment thereof or any
corresponding previous enactment;

spouse of a person means a person to whom the person is married;



stratum of Crown land means a part of Crown land consisting of a space of any
shape below, on or above the surface of the land or partly below and partly
above the surface of the land, all the dimensions of which are limited;

substantial and permanent improvements includes dams wells cultivation fencing
clearing or draining of a selection purchase allotment and the erecting of a
habitable dwelling or farm or other buildings upon and permanently attached to
the soil;

traveller means a person travelling with cattle as defined for the purposes of
Division twelve or sheep for the bona fide purpose of taking the said cattle
or sheep to and leaving them at a market or some other appointed place, but it
does not mean any person travelling or who appears or who is deemed hereunder
to be travelling with cattle or sheep for the purpose of depasturing the same
upon or on either side of any road or track commonly used as a thoroughfare or
leading to any auriferous Crown lands on which persons are actually engaged in
mining for gold or upon any common, and the burden of proving such bona fide
purpose aforesaid and of disproving such purpose of depasturing aforesaid
shall in all criminal and civil proceedings whatsoever lie upon the person so
travelling with cattle or sheep or upon the party who is interested in proving
that such person was a "traveller" within the meaning of this Part;

unused road means a road or any part of a road which is the subject of a
notice under section 400(1);



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water frontage means Crown land (including land temporarily or permanently
reserved)-

   (a)  which has a frontage to the sea or a watercourse within the meaning of
        Part XII; and

   (b)  which is not under a lease, licence or residence area right; and

   (c)  which is not reserved as a water reserve along any public road under
        the Crown Land (Reserves) Act 1978; and

   (d)  which is not vested in trustees or in a municipal council or placed
        under the control of a public authority or in respect of which a
        committee of management has been appointed under the
        Crown Land (Reserves) Act 1978.

(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.