LAND ACT 1933 - SECT 3
This legislation has been repealed.
LAND ACT 1933 - SECT 3
3 . Interpretation
(1) In this Act,
subject to the context —
“Adjoining” when used with respect to
holdings under this Act, or any Act hereby repealed, extends to holdings which
are only separated by a road or roads, or by a railway, or by a watercourse or
other natural feature of such a character as to be insufficient to prevent the
passage of stock.
“authorized land officer” means
officer of the Department appointed under section 173 to be an authorized land
officer.
“Bed” with reference to a water-course
means the land over which the water of the water-course normally flows,
whether permanently or intermittently; but does not include land that is from
time to time temporarily covered by flood waters of the watercourse.
“Conditional Purchase” means any area
of land held under conditional terms of purchase from the Crown.
“Crown Grant” means a deed of grant
issued in the name of Her Majesty, conveying to the grantee some portion of
Crown land in fee simple.
“Crown Lands” means and includes
(subject to section 4 (2)) all lands of the Crown vested in Her Majesty,
except land which is, for the time being, reserved for or dedicated to any
public purpose, or granted or lawfully contracted to be granted in fee simple
or with the right of purchase under this Act or any Act hereby repealed, and
includes all lands between high and low water mark on the seashore and on the
banks of tidal waters, and includes, for the purposes of sections 116 and 118
2 , all lands below low water mark on the seashore and on the banks of tidal
waters and all lands being the beds of water-courses.
“Department” means the Department of
the Public Service of the State through which the Minister administers this
Act.
“Fence” means any substantial fence,
not being a brush fence, proved to the satisfaction of the Minister to be
sufficient to resist the trespass of —
(a)
great stock; or
(b)
great and small stock, including sheep, but not including pigs or goats,
as the Minister may
determine:
Provided that where by
this Act a person is required to fence a fractional part of his land, it shall
be sufficient if he erects a fence on the outer boundary of his land extending
along a corresponding fractional part of such outer boundary.
“Frontage” means abuttal on or
frontage to any sea-coast, lake, inlet, river, creek, stream, water-course,
railway, tramway, or road, or intended or designed railway, tramway, or road,
which the Minister shall consider necessary to be considered a frontage.
“High Water Mark,” when applied to
tidal waters, means the ordinary high water at spring tides, and when applied
to other waters, means the ordinary high water mark at winter level.
" Minister" or "Minister for Lands" means the
responsible Minister of the Crown for the time being charged with the
administration of this Act.
“Occupation Certificate” means a
certificate authorizing the occupation of land as a free homestead farm.
“Owner” means beneficial owner.
“Pastoral Lease” means the lease of an
area of Crown land granted under Part VI to any person for grazing purposes.
“Pastoral Lessee” means the holder of
a pastoral lease.
“Prescribed” means prescribed by this
Act or any regulations made thereunder.
“Public purpose” includes any purpose
declared by the Governor, by notification in the Gazette , to be a public
purpose within the meaning of this Act.
“Quarter” in reference to a year means
the period of 3 months beginning 1 January, 1 April, 1 July, and 1 October
respectively.
“Representatives” means the executors
or administrators of the person with reference to whom the word is used, and
includes all persons in whom the estate or interest of such person is vested
on his death.
“Selector” means an applicant for, or
occupier of, land under Part V., VI., VII., or VIII.
“Water-course” means a river, stream
or creek in which water flows in a natural channel whether permanently or
intermittently.
(2) For removing
doubts, it is hereby declared that the expression “Crown Lands” in
subsection (1) includes and is deemed to have always included all lands
between high and low water mark on the seashore and the banks of tidal waters,
and for the purposes of sections 116 and 118 2 of this Act all lands below low
water mark on the seashore and on the banks of tidal waters and all lands
being the beds of water-courses.
(3) An order made
under this Act is subsidiary legislation within the meaning of the
Interpretation Act 1984 .
[Section 3 amended by No. 41 of 1956 s.2; No. 60
of 1963 s.3; No. 97 of 1980 s.3; No. 77 of 1982 s.4; No. 79 of 1982 s.3; No.
126 of 1987 s.52; No. 5 of 1995 s.4.]