LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 3 Definitions

LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 3

    (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.

S. 3(1) def. of Board repealed by No. 91/1994

s. 20(a).

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S. 3(1) def. of building approval repealed by No. 126/1993 s. 264(Sch. 5 item 12.1).

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S. 3(1) def. of building permit inserted by No. 126/1993 s. 264(Sch. 5 item 12.1).

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;

S. 3(1) def. of Court amended by No. 57/1989

s. 3(Sch. item 110.1).

"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;

S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 5.1), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 32.1).

"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;

S. 3(1) def. of planning instrument substituted by No. 45/1987

s. 205(Sch. item 40(a)).

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

"planning permit" means a permit granted under a planning instrument;

S. 3(1) def. of registered valuer repealed by No. 91/1994

s. 36(5)(a).

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S. 3(1) def. of Registrar substituted by No. 91/1994

s. 20(b), repealed by No. 52/1998

s. 311(Sch. 1 item 47.1(a)).

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S. 3(1) def of responsible authority amended by No. 45/1987

s. 205(Sch. item 40(b)).

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

S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 5.1).

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

S. 3(1) def. of Taxing Master inserted by No. 24/2008 s. 83(1), repealed by No. 78/2008 s. 27(1).

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"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;

S. 3(1) def. of Tribunal inserted by No. 91/1994

s. 20(c), substituted by No. 52/1998

s. 311(Sch. 1 item 47.1(b)).

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

S. 3(1) def. of Trust Fund amended by No. 18/1994

s. 66(Sch. 2 item 11).

"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 .

S. 3(1A) inserted by No. 27/2001 s. 3(Sch. 1 item 5.2), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 32.2).

    (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.

Part 2—Acquisition of interests in land

Division 1—General