LAND ADMINISTRATION ACT 1997 - SECT 151
LAND ADMINISTRATION ACT 1997 - SECT 151
151 . Terms used
(1) In this Part and
Part 10 —
acquiring authority , in relation to land, means
the person or body having the statutory authorisation referred to in
section 161 to undertake, construct or provide any public work;
claimant means a person entitled to claim
compensation under Part 10;
date of taking , in relation to an interest in
land taken under this Part, means —
(a) the
date specified in the taking order as the date of taking, if a date is so
specified; or
(b) the
date of registration of the taking order, in any other case;
designate , in relation to an interest in land,
means to reserve, declare, covenant, dedicate, set apart or otherwise mark off
for use for a specified purpose by means of an annotation on or instrument
registered against the certificate of title or certificate of Crown land
title; and designated and designation are construed accordingly;
holding authority , in relation to an interest in
land designated for the purpose of a public work, means —
(a) the
management body, if the interest is held by the Crown and subject to a
management order; or
(b) the
holder of the interest, in any other case;
interest means any legal or equitable estate or
interest in land, including —
(a)
native title rights and interests; and
(b)
interests or rights created under any written law; and
(c) the
rights of a management body under a management order;
native title , native title holder and native
title rights and interests have the same meaning as they have in the NTA;
notice of intention means a notice issued under
section 170;
NTA means the Native Title Act 1993 of the
Commonwealth;
occupier , in relation to land, means a person
who, in exercise of a right of possession, is in actual occupation of the
land, but does not include anyone who is in occupation of the land merely as a
member of the family or household of such a person;
principal proprietor , in relation to land, means
—
(a) the
Minister, in the case of Crown land not subject to a management order and of
which no lease has been granted; or
(b) the
lessee, in the case of Crown land not subject to a management order and of
which a lease has been granted; or
(c) the
management body, in the case of Crown land subject to a management order; or
(d) the
holder of the fee simple, in any other case;
Principal Registrar of the Supreme Court has the
same meaning as in the Supreme Court Act 1935 ;
proprietor , in relation to a portion of land,
means —
(a) a
person with a registered interest in the land; or
(b) the
holder of any native title rights and interests in the land, whether or not
registered;
railway has the same
meaning as in the Public Works Act 1902 ;
Registrar of Deeds , in relation to land under the
Registration of Deeds Act 1856 , means the Registrar of Deeds and Transfers
under that Act;
special Act has the same meaning as in the
Public Works Act 1902 ;
take , taken and taking have the meaning given by
subsection (2);
taking order means an order made under
section 177.
(2) For the purposes
of this Part and Part 10 —
(a) a
reference to the taking of an interest in land is a reference to the
extinguishment of the interest, or its extinguishment subject to section 155,
by a taking order;
(b) a
reference to the taking of land is a reference to the extinguishment of every
interest in the land, or its extinguishment subject to section 155, together
with the revocation of each management order in relation to the land, by a
taking order, subject to such exceptions as are specified in the order.
(3) Terms used in Part
10 relating to members of the State Administrative Tribunal have the meanings
given to them in section 3(1) of the State Administrative Tribunal Act 2004 .
[Section 151 amended: No. 59 of 2000 s. 40; No. 55
of 2004 s. 547; No. 47 of 2011 s. 16; No. 4 of 2023 s. 76.]