New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 4

4 Definitions

(1) In this Act--

"acquisition" of land means an acquisition of land or of any interest in land.

"acquisition notice" means a notice under section 19 which declares that land has been acquired by compulsory process.

"authority of the State" means--

(a) a Minister of the Crown, or

(b) a statutory body representing the Crown, or

(c) a council, a county council or a joint organisation within the meaning of the Local Government Act 1993 , or

(d) any other authority authorised to acquire land by compulsory process.

"Commonwealth Native Title Act" or
"NTA" means the Native Title Act 1993 of the Commonwealth.

"compensation notice" means a notice under section 42 which notifies the former owners of land of a compulsory acquisition, their entitlement to compensation and the amount of compensation offered.

"compulsory acquisition" of land means the acquisition of the land by compulsory process under this Act.

"Crown land" means--

(a) Crown land within the meaning of the Crown Land Management Act 2016 , or

(b) any other land of the Crown or of an authority of the State.

"disadvantage resulting from relocation" is defined in section 60.

"interest" in land means--

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

(b) an easement, right, charge, power or privilege over, or in connection with, the land.

"land" includes any interest in land.

"loss attributable to disturbance" of land is defined in section 59.

"loss attributable to severance" of land is defined in section 58.

"market value" of land is defined in section 56.

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

"owner" of land means any person who has an interest in the land.

"proposed acquisition notice" means a notice under section 11 of intention to acquire land by compulsory process.

"public purpose" means any purpose for which land may by law be acquired by compulsory process under this Act.

"registered interest" in land means an interest in the land--

(a) recorded in the Register kept under the Real Property Act 1900 , or

(b) recorded in the General Register of Deeds kept under the Conveyancing Act 1919 , or

(c) recorded in the National Native Title Register kept under the Commonwealth Native Title Act if the interest is an interest in relation to land that is the subject of an approved determination of native title (other than an approved determination that no native title exists).

"special value" of land is defined in section 57.

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

(2) For the purposes of this Act, an authority is authorised to acquire land by compulsory process if--

(a) the authority is authorised by law to acquire land by compulsory process under this Act, or

(b) land is authorised by law to be acquired for the authority by resumption or appropriation under any provision of the Public Works and Procurement Act 1912 or the authority is declared by law to be a Constructing Authority in connection with any such resumption or appropriation.

(3) In this Act, a reference to the Minister responsible for an authority of the State is--

(a) if that authority is constituted by or under an Act--a reference to the Minister administering that Act, or

(b) if that authority is a Minister--a reference to that Minister.

(4) For the purposes of this Act, the owners of Crown land not vested in any other person include--

(a) the person having the care and control of the land, or

(b) if the land is not under the care and control of any person--the Minister administering the Crown Land Management Act 2016 .

(5) For the purposes of this Act, owner of land includes a holder of native title rights and interests in relation to land.

Note--:
"Approved determination of native title" , referred to in paragraph (c) of the definition of
"registered interest" in s 4 (1), is defined in s 253 NTA.