Western Australian Consolidated Acts Western Australian Consolidated Acts In this
Act —
owner —
(a) in
relation to Crown land, means —
(i)
a lessee of the land or another person with a right to
occupy the land otherwise than as an owner according to paragraph (b) or
(c); or
(ii)
a person with a right to acquire by purchase or otherwise
the fee simple of the land;
(b) in
relation to Crown land that does not have an owner according to
paragraph (a) and that —
(i)
is vested in a person;
(ii)
is dedicated to a purpose of a person; or
(iii)
is placed under the control of a person,
means that person or,
if applicable, the management body within the meaning of the
Land Administration Act 1997 for the land;
(c) in
relation to Crown land that does not have an owner according to
paragraph (a) or (b), means the State;
(d) in
relation to freehold land that is under the operation of the
Transfer of Land Act 1893 , means a proprietor within the meaning of that
Act, except a mortgagee who is not a mortgagee in possession of the land;
(e) in
relation to land that is subject to the Registration of Deeds Act 1856 ,
means the holder of an interest registered by memorial under that Act, except
a mortgagee who is not a mortgagee in possession of the land; or
(f)
means a person who —
(i)
under the Mining Act 1978 , holds in respect of the
land a mining tenement within the meaning of that Act;
(ii)
in accordance with the Mining Act 1978 , holds,
occupies, uses, or enjoys in respect of the land a mining tenement within the
meaning of the Mining Act 1904 2 ; or
(iii)
under the Petroleum and Geothermal Energy Resources
Act 1967 , holds in respect of the land a permit, drilling reservation,
lease or licence within the meaning of that Act.
[Section 3A inserted by No. 42 of 2002
s. 5; amended by No. 35 of 2007 s. 93.]