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LAND ACT 1958 - SECT 3 Definitions

LAND ACT 1958 - SECT 3

Definitions

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

S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 136.

"accepted recommendation" means—

        (a)     in relation to a report under

section 23 or 26E of the Victorian Environmental Assessment Council Act 2001

              (i)     the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

              (ii)     if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or

        (b)     if there is no response to which paragraph (a)(i) or (ii) applies,

the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

S. 3(1) def. of agricultural allotment repealed by No. 96/1994 s. 17.

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S. 3(1) def. of agriculture inserted by No. 96/1994 s. 3(a).

"agriculture" includes horticulture and grazing;

S. 3(1) def. of bee site licence inserted by No. 12/2016 s. 14.

"bee site licence "means a licence granted under section 142(1) for the purpose of keeping hives or farming bees;

S. 3(1) def. of bee site licence area inserted by No. 12/2016 s. 14.

"bee site licence area "means the area of land over which a bee site licence is granted;

S. 3(1) def. of bee site licence fee inserted by No. 12/2016 s. 14.

"bee site licence fee "means the fee for the grant of a bee site licence determined by the Minister in accordance with section 144 ;

S. 3(1) def. of bee site licensee inserted by No. 12/2016 s. 14.

"bee site licensee "means a person who holds a current bee site licence;

S. 3(1) def. of Board repealed by No. 7228 s. 7(Sch. 4 Pt 19(b)(i)).

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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;

S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 4.1), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 33.1), amended by No. 4/2009 s. 37(Sch.  1 item 15.1).

"domestic partner "of a person means—

        (a)     a person who is in a registered domestic 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);

S. 3(1) def. of fence substituted by No. 7733 s. 34, amended by Nos 8461 s. 3(a), 81/1989 s. 3(Sch. item 25.2), repealed by No. 40/2020 s. 36(a).

    *     *     *     *     *

S. 3(1) def of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 6.1).

"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;

S. 3(1) def of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 6.1).

"film permit" has the same meaning as in the Filming Approval Act 2014 ;

S. 3(1) def. of forest produce inserted by No. 96/1994 s. 3(b), amended by No. 48/2004 s. 135.

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

S. 3(1) def. of grazing allotment repealed by No. 96/1994 s. 17.

    *     *     *     *     *

S. 3(1) def. of Land Classification Board repealed by No. 96/1994 s. 17.

    *     *     *     *     *

S. 3(1) def. of land manager inserted by No. 19/2018 s. 136, repealed by No. 42/2021 s. 86.

    *     *     *     *     *

S. 3(1) def. of metropolis substituted by No. 85/2006 s. 173(Sch.  1 item 2.3).

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

S. 3(1) def. of Minister inserted by No. 7228 s. 7(Sch. 4 Pt 19(b)(ii)), amended by No. 10087 s. 3(1)(Sch. 1 item 121), repealed by No. 46/1998 s. 7(Sch. 1).

    *     *     *     *     *

S. 3(1) def. of noxious weed inserted by No. 52/1994 s. 97(Sch. 3 item 16.1).

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

S. 3(1) def. of occupy amended by No. 8461 s. 3(b).

"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;

S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 136, repealed by No. 40/2020 s. 36(a).

    *     *     *     *     *

S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 136.

"Parks Victoria recorded land" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

"Part" means Part of this Act;

S. 3(1) def. of perpetual lessee amended by Nos 9019 s. 2(1)(Sch. item 99), 30/2014 s. 14(a).

"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;

S. 3(1) def. of pest animal inserted by No. 52/1994 s. 97(Sch. 3 item 16.1).

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

S. 3(1) def. of protected forest inserted by No. 96/1994 s. 3(c).

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

S. 3(1) def. of regulations substituted by No. 7548 s. 8(2)(b).

"regulations" means regulations made under this Act;

S. 3(1) def. of road inserted by No. 96/1994 s. 3(d), amended by No. 51/2016 s. 17.

"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 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;

S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 4.1).

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

S. 3(1) def. of stratum of Crown land inserted by No. 79/1993 s. 4.

"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 improvement s 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;

S. 3(1) def. of unused road inserted by No. 96/1994 s. 3(e). amended by No. 40/2020 s. 36(b).

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

S. 3(1) def. of vermin repealed by No. 52/1994 s. 97(Sch. 3 item 16.2).

    *     *     *     *     *

S. 3(1) def. of water frontage inserted by No. 96/1994 s. 3(f), repealed by No. 40/2020 s. 36(a).

    *     *     *     *     *

S. 3(2) inserted by No. 27/2001 s. 3(Sch. 1 item 4.2), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 33.2).

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

S. 3(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 15.2(a)).

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

S. 3(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 15.2(b)).

        (b)     in determining whether persons who are not in a registered domestic 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.

Note to s. 3 inserted by No. 62/2010 s. 121(2).

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010 .

S. 3A inserted by No. 12/2004 s. 160.