Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 3

Definitions

3. Definitions



(1) In this Act-

acquire, in relation to an interest in land, means to acquire that interest-

   (a)  by compulsory process; or

   (b)  by agreement if the person acquiring that interest is empowered to
        acquire it by compulsory process.

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building permit has the same meaning as it has in the Building Act 1993;



claimant means a person who makes or is entitled to make a claim for
compensation under this Act;

compensation means compensation to which a person is entitled under this Act
and includes the payment of money for land acquired by agreement;

Court means the Supreme Court;



date of acquisition, in relation to an interest in land acquired pursuant to
the procedures contained in this Act, means the date on which a notice of
acquisition in relation to that interest is published in the Government
Gazette or, if an interest is acquired by agreement, the date on which the
interest vests in the Authority pursuant to the agreement; 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);

interest, in relation to land, means-

   (a)  a legal or equitable estate or interest in the land; or

   (b)  an easement, right, charge, power or privilege in, under, over,
        affecting or in connexion with land;

judge means a judge of the Supreme Court;

lease includes an agreement for a lease;

notice of acquisition means a notice referred to in section 19;

notice of intention to acquire means a notice referred to in section 6;

planning instrument means a planning scheme under the
Planning and Environment Act 1987;



planning permit means a permit granted under a planning instrument;

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responsible authority has the same meaning as it has in the
Planning and Environment Act 1987;



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

Taxing Master means any Associate Judge of the Supreme Court from time to time
carrying out the functions of assessing, settling or taxing of costs in
proceedings in that Court;

the Authority means a person or body who or which-

   (a)  is authorized by or under the special Act to acquire land; and

   (b)  in the special Act is expressed to be the Authority for the purposes
        of this Act;

the special Act means an Act or a provision of an Act which is expressed to be
a special Act for the purposes of this Act;

this Act includes the regulations;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;



Trust Fund means the account kept under the Financial Management Act 1994 and
known as "The Trust Fund";

Valuer-General means the Valuer-General under the Valuation of Land Act 1960.

(1A) 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.

(2) This Act applies to any Act or provision of an Act to which it is
expressed in that Act or provision to apply.

(3) If a provision of the special Act is inconsistent with a provision of this
Act, the provision of this Act prevails.

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