78Application of Division

78 Application of Division

[Section 78 Amended by No. 8 of 1980, s. 7 ][Section 78 Amended by No. 60 of 1986, s. 8 ][Section 78 Substituted by No. 29 of 1995, s. 68 ]**[Section 78 Amended by No. 98 of 1995, s. 42 and Sched. 5 ][Section 78 Substituted by No. 36 of 2005, s. 4, Applied:01 Jul 2006]

(1)  Except as provided in subsection (2) , this Division does not apply to or in respect of –

(a) land owned by a local council; or

(b) land owned by the Crown in right of this State; or

(ba) Aboriginal land, within the meaning of the Aboriginal Lands Act 1995 , which is unoccupied or occupied principally for Aboriginal cultural purposes; or

(bb) land owned, vested in or occupied by a GBE that is not specified in Schedule 8 to the Government Business Enterprises Act 1995 ; or

(bc) State forest; or

(bd) [Section 78 Subsection (1) amended by No. 3 of 2011, s. 4, Applied:01 Jul 2011] Commonwealth land to which a fire protection services agreement applies; or

(c) [Section 78 Subsection (1) amended by No. 79 of 2005, s. 4, Applied:01 Jul 2006] the town of Savage River; or

(d) [Section 78 Subsection (1) amended by No. 79 of 2005, s. 4, Applied:01 Jul 2006] unimproved land, in any ownership, not exceeding 10 square metres in area; or

(e) [Section 78 Subsection (1) amended by No. 79 of 2005, s. 4, Applied:01 Jul 2006] a jetty that is –

(i) separately valued in the valuation list prepared under the Valuation of Land Act 2001 ; and