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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 14
Meaning of owner for land
14 Meaning of owner for land
(1) An
"owner" , for land, is— (a) if the land is a lot recorded in the freehold
land register under the Land Title Act 1994 —the registered owner of the lot
under that Act; or
(b) if the land is subject to a lease or licence under the
Land Act 1994 —the lessee or licensee under that Act; or
(c) if the land is
subject to an occupation permit or stock grazing permit under the
Forestry Act 1959 , section 35 —the grantee for the permit; or
(d) if the
land is subject to a stock grazing permit under the
Nature Conservation Act 1992 —the grantee for the permit; or
(e) if the
land is scheme land under the Body Corporate and Community Management Act 1997
—the body corporate for the community titles scheme; or
(f) if the land is
a parcel of land the subject of a plan under the
Building Units and Group Titles Act 1980 —the body corporate for the plan;
or
(g) if the land is let or may be let—a person who is entitled to, or
would be entitled to, the rents and profits of the land whether as a
beneficial owner, trustee, mortgagee in possession or otherwise.
(2) However,
if the land is— (a) used as a public park and the registered owner of the
land is a local government, the local government is not an owner for the land;
or
(b) a State plantation forest and a plantation licensee holds an interest
under the Forestry Act 1959 over the land, the plantation licensee is not an
owner for the land; or
(c) a State plantation forest and a plantation
sublicensee holds an interest under the Forestry Act 1959 over the land, the
plantation sublicensee is not an owner for the land.
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