New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 1.5

1.5 General definitions

(1) In this Act--

"appointment instrument" , in relation to a Crown land manager, means the appointment instrument referred to in section 3.3 (as varied from time to time) for the manager.

"asset" means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

"authorised officer" means a person appointed as an authorised officer under Division 10.3.

"community engagement strategy" means a community engagement strategy approved under Division 5.3.

"compensation" includes damages or any other form of monetary compensation.

"conduct" includes any act or omission.

"Consumer Price Index" means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician.

"Consumer Price Index number" , in relation to a quarter, means the number for that quarter appearing in the Consumer Price Index.

"contaminate" has the same meaning as in the Contaminated Land Management Act 1997 .

"continued holding" means each of the following--

(a) a continued tenure (as defined in Schedule 1),

(b) a continued irrigation tenure (as defined in Schedule 2),

(c) a continued Western lands tenure (as defined in Schedule 3).

"council manager" is defined in section 3.20.

"court attendance notice" means--

(a) in relation to proceedings for an offence commenced in the Local Court--a court attendance notice (within the meaning of the Criminal Procedure Act 1986 ) issued in respect of the person alleged to have committed the offence, and

(b) in relation to proceedings for an offence commenced in the Land and Environment Court in its summary jurisdiction--an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence.

"Crown land" is defined in Division 1.3.

"Crown Land Acts" means the following--

(a) each of the Acts, or provisions of Acts, that were defined to be the
"Crown Lands Acts" in section 3 (1) of the Crown Lands Act 1989 immediately before the repeal of the Crown Lands Act 1989 ,

(b) each of the following Acts repealed by this Act--

(i) the Hay Irrigation Act 1902 ,

(ii) the Public Reserves Management Fund Act 1987 ,

(iii) the Trustees of Schools of Arts Enabling Act 1902 ,

(iv) the Wentworth Irrigation Act 1890 ,

(v) the Western Lands Act 1901 ,

(c) this Act.

"Crown land commissioner" means a person appointed as a Crown land commissioner under section 12.2.

"Crown land management rules" is defined in section 3.15.

"Crown land manager" , in relation to Crown land, means a person appointed as a Crown land manager of the land under Division 3.2.

"Crown managed land" means--

(a) dedicated or reserved Crown land, and

(b) any other land that is required or permitted to be managed under this Act as if it were dedicated or reserved Crown land.

Note--: For example, clause 7 (4) of Schedule 7, when read with clause 9B of that Schedule, provides for certain land that is not vested in the Crown or the State to be managed as if it were reserved Crown land.

"Crown Reserves Improvement Fund" means the Crown Reserves Improvement Fund established by Division 12.5.

"Crown road" has the same meaning as in the Roads Act 1993 .

"dedicated Crown land" means Crown land dedicated for use for one or more purposes under Part 2.

"Department" means the Department of Industry.

"development" and
"development application" , in relation to land, have the same meanings as in the Environmental Planning and Assessment Act 1979 .

"Eastern and Central Division" is defined in section 1.6.

"enclosure permit" is defined in section 5.34.

"filming project" has the same meaning as in the Local Government Act 1993 .

"forestry right" has the same meaning as in section 87A of the Conveyancing Act 1919 .

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"General Register of Deeds" means the General Register of Deeds kept under Division 1 of Part 23 of the Conveyancing Act 1919 .

"government agency" means any public authority, and includes--

(a) a State owned corporation, and

(b) Local Land Services,

but does not include a local council or a Crown land manager.

"government sector agency" has the same meaning as in the Government Sector Employment Act 2013 .

"government sector employee" means an employee of a government sector agency.

"holding" means each of the following--

(a) any lease or licence under this Act (including one that is a continued holding),

(b) any incomplete purchase,

(c) any other continued holding (except a permit or permission).

Note--: Schedules 1-3 provide for continued holdings that are leases and licences to continue in force as leases or licences under this Act.

"incomplete purchase" means each of the following--

(a) a continued incomplete tenure purchase (as defined in Schedule 1) that remains incomplete,

(b) a continued incomplete irrigation lease purchase (as defined in Schedule 2) that remains incomplete,

(c) a continued incomplete Western lands lease purchase (as defined in Schedule 3) that remains incomplete,

(d) a new incomplete purchase that remains incomplete.

"land" includes any waters on or under the surface of the land.

"land of the Crown" includes, but is not limited to, Crown land.

"lawful authority" for conduct or an activity is defined in subsection (2).

"liabilities" means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

"local government area" , in relation to a local council, has the same meaning as
"area" in the Local Government Act 1993 in relation to the council.

"Lord Howe Island" has the same meaning as
"Island" in the Lord Howe Island Act 1953 .

"mineral" , in relation to a provision of this Act, means--

(a) a mineral (as defined in the Mining Act 1992 ), and

(b) any other substance prescribed by the regulations for the purposes of the provision.

"Ministerial Corporation" means the Lands Administration Ministerial Corporation constituted by this Act, as provided by section 12.5.

"modification" includes addition, exception, omission or substitution.

"motor vehicle" has the same meaning as in the Road Transport Act 2013 .

"native title certificate" is defined in section 8.4.

"native title legislation" means the Native Title Act 1993 of the Commonwealth and the Native Title (New South Wales) Act 1994 (and any regulations or other statutory instruments in force under either Act).

"native title rights and interests" has the same meaning as in the Native Title Act 1993 of the Commonwealth.

"new incomplete purchase" is defined in Part 5 of Schedule 4.

"non-council manager" is defined in section 3.24.

"perpetual lease" means a lease under this Act for which no term is specified.

"pollution" has the same meaning as in the Protection of the Environment Operations Act 1997 .

"public authority" means any of the following--

(a) a Minister,

(b) a government sector agency,

(c) a statutory body representing the Crown,

(d) a local council or a county council (as defined in the Local Government Act 1993 ).

"public purpose" , in relation to a provision of this Act, means any purpose declared to be a public purpose for the purposes of the provision by--

(a) the Minister in a notice published in the Gazette, or

(b) the regulations.

Note--: See also clause 33 (Existing declarations of public purposes) of Schedule 7.

"purchasable lease" is defined in Schedule 4.

"Register" means the Register kept under the Real Property Act 1900 .

"registered proprietor" , in relation to land, has the same meaning as in the Real Property Act 1900 .

"reserved Crown land" means Crown land reserved for use for one or more purposes under Part 2.

"rights" means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

"Secretary" means the Secretary of the Department.

"special purpose holding" is defined in Division 5.7.

"State strategic plan for Crown land" means a State strategic plan for Crown land that complies with Division 12.4.

"statutory land manager" means a statutory land manager constituted under Schedule 5.

"structure" includes any of the following--

(a) any building,

(b) any post, pile, stake, pipe, chain, wire or any other thing fixed to the soil or to anything fixed to the soil,

(c) any roadwork, pathway or paving,

(d) any works for the reclamation of land that are or are liable to be, or would, but for the reclamation, be or be liable to be, covered wholly or partly by water,

(e) any excavation works, drain, canal, sump or foundation, whether lined or unlined.

"temporary structure" means a temporary structure (as defined in the Environmental Planning and Assessment Act 1979 ), but only if that structure remains in place for less than 30 days.

"term lease" means a lease under this Act for which a term is specified.

"travelling stock reserve" has the same meaning as in the Local Land Services Act 2013 .

"vacant Crown land" means Crown land that is not held under a holding.

"vehicle" includes--

(a) any motor vehicle or other thing capable of transporting a person (including any aircraft, vessel, bicycle, bus, car, horse, train or tram), and

(b) any trailer or caravan whether or not attached to any thing of that kind.

"vehicle offence" means--

(a) an offence against section 9.6, or

(b) an offence against the regulations involving a vehicle being used, parked or moored in contravention of the regulations.

"waters" includes a stream, creek, river, estuary, dam, lake or reservoir.

"Western Division" is defined in section 1.6.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) There is
"lawful authority" for a person's conduct or an activity for the purposes of this Act if it--

(a) is authorised or required by or under this Act or another Act, or

(b) is authorised or required by or under a holding of the person, or

(c) occurs in any other circumstances prescribed by the regulations.

(3) A reference in this Act to a repealed Act or repealed statutory rule is a reference to the repealed Act or repealed statutory rule as in force immediately before its repeal unless the context or subject-matter indicates or requires differently.

(4) If this Act (or an instrument made under this Act) provides for an event or other thing to occur on a particular day, that event or thing is taken to occur at the beginning of that day unless the context or subject-matter indicates or requires differently.

(5) Introductory and other notes included in this Act do not form part of this Act.