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ABORIGINAL LAND (LAKE CONDAH AND FRAMLINGHAM FOREST) ACT 1987 - SECT 3

Interpretation

  (1)   In this Act:

"Aboriginal" means a member of the Aboriginal race of Australia .

"Aboriginal and Torres Strait Islander corporation" means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .

"Community Council" means the directors of the Kirrae Whurrong Aboriginal Corporation.

"Condah land" means the land shown shaded and hatched on the plan in Part A, and shown hatched on the plan in Part B, of Schedule   1.

"Corporation" means the Kerrup - Jmara Elders Aboriginal Corporation or the Kirrae Whurrong Aboriginal Corporation, as the case requires.

"Crown" means the Crown in right of the Commonwealth or of the State of Victoria , or of both, as the case requires.

"day of vesting" , in relation to a Corporation, means the day on which the relevant land is vested in the Corporation under section   6 or 7.

"Framlingham" Forest means the land shown shaded and hatched on the plan in Schedule   2.

"Framlingham Reserve" means the lands shown on the plan in the First Schedule to the Aboriginal Lands Act 1970 of Victoria .

"interest" , in relation to land, means:

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

  (b)   a right, power or privilege over, or in connection with, the land.

"Kerrup-Jmara Elders Aboriginal Corporation" means the Aboriginal and Torres Strait Islander corporation of that name.

"Kirrae Whurrong Aboriginal Corporation" means the Aboriginal and Torres Strait Islander corporation of that name.

"mineral" means any substance (except water) that occurs naturally as part of the earth's crust, including:

  (a)   oil shale and coal; and

  (b)   hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and

  (c)   petroleum within the meaning of the Petroleum Act 1958 of Victoria ; and

  (d)   stone within the meaning of the Extractive Industries Act 1966 of Victoria .

"mining operation" means any operation carried out from mining purposes.

"mining purposes" means the purposes of:

  (a)   prospecting for a mineral or winning a mineral from a place where it occurs naturally;

  (b)   extracting from its natural state a mineral previously won from a place where it occurred naturally if the extraction occurs at or in the vicinity of the place where the mineral occurs naturally;

  (c)   disposing of a mineral in connection with operations for a purpose mentioned in paragraph   ( a) or paragraph   ( b);

  (d)   disposing of waste substances resulting from operations for a purpose mentioned in paragraph   ( a) or paragraph   ( b); and

  (e)   treating, storing or stacking earth in connection with operations for a purpose mentioned in paragraph   ( a) or paragraph   ( b) if the treating, storing or stacking earth occurs at or in the vicinity of the place where the mineral occurs naturally.

"mining tenement" means:

  (a)   an exploration licence under Part   2 of the Mineral Resources Development Act 1990 of Victoria, a permit to search for stone under section   27 of the Extractive Industries Act 1966 of Victoria or a petroleum exploration permit under Part   IV of the Petroleum Act 1958 of Victoria; or

  (b)   any other lease, licence, permit or other authority under the Mineral Resources Development Act 1990 of Victoria or the Petroleum Act 1958 of Victoria .

"relevant land" means:

  (a)   in relation to the Kerrup - Jmara Elders Aboriginal Corporation, the Condah land; and

  (b)   in relation to the Kirrae Whurrong Aboriginal Corporation, Framlingham Forest .

  (2)   In provisions of the Lands Acquisition Act 1955 as applying by virtue of this Act:

  (a)   Supreme Court means the Supreme Court of Victoria;

  (b)   date of acquisition , in relation to land, means the date of commencement of section   6 or 7, as the case requires;

  (c)   this Act means:

  (i)   the Lands Acquisition Act 1955 as applying by virtue of this Act; or

  (ii)   this Act; and

  (d)   claiman t , court of summary jurisdiction , mortgagee and mortgagor have the meanings they have in the Lands Acquisition Act 1955 .


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