NSWIn ForceAct
Duties Act 1997
104DDefinitions
Start here
Get a plain-English read of 104D
Turn the raw legal text into a practical explanation grounded in Duties Act 1997.
#### 104D Definitions
104D Definitions
> > (1) In this Division—
> >
> > authority of the State has the same meaning as in the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).
> >
> > owner, in relation to residential property, means—
> >
> > > (a) a registered proprietor of the property, or
> >
> > > (b) in the case of a land use entitlement—a person having ownership of shares or units through which the entitlement is conferred.
> >
> > residential property means—
> >
> > > (a) a parcel of land (including a strata lot) on which a dwelling is erected, or on which there is a building under construction that, when completed, will constitute a dwelling, or
> >
> > > (b) a land use entitlement—if it entitles the holder of the land use entitlement to occupy a building, or part of a building, as a separate dwelling.
> >
> > vacant residential land means a parcel of vacant land that is zoned or otherwise designated for use under an environmental planning instrument (within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)) for residential or principally for residential purposes.
>
> > (2) For the purposes of this Division, residential property is LFAI-affected if the dwelling erected on the land comprised in the residential property (or to which the residential property relates) contains, or is part of a building containing, loose-fill asbestos insulation (within the meaning of Division 1A of Part 8 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147)).
>
> **ch 2, pt 8, div 5 (ss 104D–104F):** Ins 2015 No 47, Sch 2 \[1\].