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Native Title Act 1993
12National Parks Act 1975
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12 National Parks Act 1975
(1) A lease or tenancy under paragraph 19(2)(a) or section 30AA, 32AB or 32B of the National Parks Act 1975.
(2) A tenancy of a building under paragraph 19(2)(b) of the National Parks Act 1975.
(3) A lease under section 31AA of the National Parks Act 1975 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (2)(a) or (c) of that section.
(4) A tenancy under section 32C of the National Parks Act 1975 that permits the lessee to use the land or waters covered by the lease solely or primarily for residential purposes or for erecting, providing or using particular structures, facilities or equipment in connection with the keeping of horses or the conduct of a riding school.
13 Alpine Resorts Act 1983
(1) A lease under subsection 28(2) of the Alpine Resorts Act 1983 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (a) or (b) of that subsection.
(2) A lease under paragraph 28(2)(c) of the Alpine Resorts Act 1983 that permits the lessee to use the land or waters covered by the lease solely or primarily for a fire station, telecommunications relay station or telephone exchange.
(3) A lease under section 28A of the Alpine Resorts Act 1983.
14 Gardens Acts
(1) A lease under subsection 24(2) of the Royal Botanic Gardens Act 1991 that permits the lessee to use the land or waters covered by the lease solely or primarily for a kiosk, cafe, restaurant, shop or other outlet providing refreshment services.
(2) A lease under subsection 24(3A) of the Royal Botanic Gardens Act 1991.
(3) A lease under paragraph 33(2)(a) of the Zoological Parks and Gardens Act 1995 that permits the lessee to use the land or waters covered by the lease solely or primarily for a kiosk, cafe, restaurant, shop or other outlet providing refreshment services.
15 Settlement Acts etc.
(1) A settlement interim lease, settlement purchase lease or purchase lease under the Soldier Settlement Act 1946, the Soldier Settlement Act 1958, the Land Act 1958, the Land Settlement Act 1959 or the Rural Finance Act 1988.
(2) A perpetual lease under the North‑West Mallee Settlement Areas Act 1948 or Division 3 of Part II of the Land Act 1958, other than a lease that:
(a) permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and
(b) does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.
(3) A lease under section 43 of the Soldier Settlement Act 1958 pending the grant of an interim lease under that Act.
(4) A temporary lease under the Land Settlement Act 1959.
(5) A lease under section 47 of the Land Settlement Act 1959.
16 Crown Land (Reserves) Act 1978
(1) A lease under section 14D, 16, 17C or 17D of the Crown Land (Reserves) Act 1978 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:
| antenna; caravan park; caravan park and camping ground; clubhouse; curtilage to a dwelling; curtilage to a private club; environmental education centre; fire tower; golf club; golf course; historic society; house encroachment; houseboat hire and servicing; kiosk, tea room, fish shop and jetty; marine research laboratory; mobile communications base station; museum; museum and interpretative centre; pistol range; pre‑school centre; preserving historic building; public hall; radio transmission tower; rescue station; residence; sailing school; theatre; water filtration plant; water pump and underground tank. |
(2) A lease under section 22 or 23 of the Crown Land (Reserves) Act 1978.
(3) A lease under section 29A of the Crown Land (Reserves) Act 1978 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (1)(b) of that section.
17 Melbourne and Metropolitan Board of Works Acts
(1) A lease under section 147 of the Melbourne and Metropolitan Board of Works Act 1890, section 209 of the Melbourne and Metropolitan Board of Works Act 1915, section 209 of the Melbourne and Metropolitan Board of Works Act 1928 or section 235 of the Melbourne and Metropolitan Board of Works Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for industrial or residential purposes.
(2) A building or improving lease under section 148 of the Melbourne and Metropolitan Board of Works Act 1890, section 210 of the Melbourne and Metropolitan Board of Works Act 1915, section 210 of the Melbourne and Metropolitan Board of Works Act 1928 or section 236 of the Melbourne and Metropolitan Board of Works Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for industrial or residential purposes.
18 Port Acts etc.
(1) A lease under section 35 of the Harbor Boards Act 1958, paragraph 24(2)(b) or 26B(1)(a) or subsection 46(1) of the Port of Geelong Authority Act 1958, paragraph 50(2)(b) or 56A(1)(a) or section 50A of the Port of Melbourne Authority Act 1958, paragraph 17A(2)(b) or 17E(1)(a) or subsection 19(2) of the Port of Portland Authority Act 1958 or paragraph 65(4)(d) of the Port Services Act 1995 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:
| berthing and mooring facilities; jetty; loading and unloading of commercial shipping; pier and associated rock wall; storage of cargo or storage and operation of equipment and machinery for shipping operations or launching boats; wharf. |
(2) A lease under paragraph 24(2)(b) or 26B(1)(a) or subsection 46(1) of the Port of Geelong Authority Act 1958 that permits the lessee to use the land or waters covered by the lease for any of the purposes mentioned in subsection 46(1) of that Act.
(3) A lease under subsection 20(2) or 24(1) of the Docklands Authority Act 1991 that permits the lessee to use the land or waters covered by the lease solely or primarily for a shipping terminal, workshop, port services headquarters or the operation of the Port of Melbourne, or for industrial purposes.
19 Railway and Transport Acts
(1) A lease under section 76 of the Railways Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for cultivation, for grazing and cultivation, or for residential purposes.
(2) A lease under paragraph 41(1)(a) of the Emerald Tourist Railway Act 1977 of a refreshment room, shed, office, shop, house, stall or other building, of a site for the erection of a refreshment room, shed, office, shop, house, stall or other building, or for storage.
(3) A lease under subparagraph 21(1)(f)(i) of the Railway Construction and Property Board Act 1979 that permits the lessee to use the land or waters covered by the lease solely or primarily for industrial or residential purposes.
(4) A lease or tenancy under subsection 25(3) or 26(1) of the Railway Construction and Property Board Act 1979.
(5) A lease under paragraph 47(2)(b) of the Transport Act 1983 that permits the lessee to use the land or waters covered by the lease solely or primarily for cultivation, for grazing and cultivation, or for residential purposes.
20 Various Acts
(1) A lease under section 17 or 20A of the Education Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for a cultural centre, sports ground, school or other educational institution.
(2) A lease under section 3 of the Land (Surf Life Saving Association) Act 1967.
(3) A lease under subsection 7(2) or paragraph 15(1)(f) of the Albury‑Wodonga Agreement Act 1973 that permits the lessee to use the land or waters covered by the lease solely or primarily for agricultural or residential purposes.
(4) A lease or tenancy under paragraph 6(2)(a) of the Melbourne Wholesale Fruit and Vegetable Market Trust Act 1977 or paragraph 7(2)(a) of the Melbourne Market Authority Act 1977 that permits the lessee to use the land or waters covered by the lease solely or primarily for storing, distributing or selling vegetables, fruit, flowers or other produce.
(5) A lease under paragraph 13(1)(i) of the Government Employee Housing Authority Act 1981.
(6) A lease under section 128K of the Casino Control Act 1991.
(7) A lease under paragraph 24(1)(b) of the Melbourne Sports and Aquatic Centre Act 1994, or a lease deemed to be granted under subsection 24(2) of that Act, that permits the lessee to use the land or waters covered by the lease solely or primarily for sport or gaming activities or an entertainment centre.
(8) A lease under section 7 of the Australian Food Industry Science Centre Act 1995 that permits the lessee to use the land or waters covered by the lease solely or primarily for agricultural research.
Part 3—Queensland
21 Leases under various Land Acts etc.
(1) A lease under section XII of the Alienation of Crown Lands Act 1860.
(2) A lease under section 51 of the Crown Lands Alienation Act 1868.
(3) A special lease under section 69 of the Crown Lands Alienation Act 1868, section 70 of the Crown Lands Alienation Act 1876 or section 188 of the Land Act 1897.
(4) A lease under the Gold Fields Town Lands Act 1869.
(5) A lease under section 28 of the Crown Lands Alienation Act 1876.
(6) A perpetual town allotment lease under the Land Act 1897.
(7) A perpetual suburban allotment lease under the Land Act 1897.
(8) A lease under section 119A of the Land Act 1910.
(9) A lease under subsection 185(2) of the Land Act 1910, section 343 of the Land Act 1962 or subsection 57(1) of the Land Act 1994, a special lease under the Land Act 1910 or the Land Act 1962, a lease for a term of years or a perpetual lease under section 22B of the State Housing Act 1945, or a term lease or perpetual lease under the Land Act 1994, that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:
| abattoir; accommodation; accommodation paddock adjoining an abattoir; aerodrome; aeromodellers club; aged persons’ home; agricultural and horticultural society showground; agriculture; air traffic control facilities; aircraft hangar site; aircraft hangar, repair and administration building; aircraft landing ground; airfield; airstrip; airstrip and terminal; all sports complex; amphitheatre; amusement and entertainment park and pub; animal refuge boarding kennel; animal refuge home; Apex club; archery club; archery range; arts and craft centre; automatic telephone exchange; aviation building; band hall site; bank; basketball; basketball club; basketball court; beacon; boat building; boat hire; boat pilot base and wharf; boat ramp; boat repair; boat sales; boat shed; boating and fishing club; bowhunting; bowhunting club; bowhunting range; bowling club; bowling green; bowls club; Boy Scouts hall; Boys Brigade hall; British Australian club; broadcasting tower, mast or facility; building encroachment; building or repairing boats; bulk fuel depot; bulk storage; bulk storage depot; burning of sawmill waste; bus depot; butchery; cafe; cafeteria; cane employees’ accommodation; car parking; car storage; car wrecking yard; caravan park; catamaran club; cattle transport depot or yard; causeway; change rooms and associated facilities; charitable organisation; child care centre; church; church and church hall; church school; city band hall; civil aviation anemometer site; civil aviation visual omni range; clubhouse; clubhouse for the Grand Lodge of the Royal Antediluvian Order of Buffaloes; coast guard facilities; coffee growing; coffee shop; coke works; commercial building development; communal bore; communal dam; communal storage building; communal tank; community centre; compressor station site; concrete batching plant; concrete manufacturing and storage of earthmoving equipment; conservatorium of music; coral art display and sales shop and residence; coral art display and sales shop or centre; crane hire; cricket; cricket club; cricket ground; cricket ground and grandstand; crocodile farm; croquet club; croquet pitch; culture centre; dairy; dam; dam site and agriculture; dance hall; dart playing hall; delicatessen‑snack bar; depot; development office; dining hall; dip site; dog training; drive‑in picture theatre; driver training; drug and alcohol rehabilitation centre; dry dock; educational institution; electricity generator and depot; electricity substation; electricity transmission tower; elevated passenger cable way pylons and building; Endeavour workshop; engineering workshop; equestrian and general sporting purposes; equestrian club; equestrian field; equestrian or pony field; explosive magazine; explosive manufacture, testing and storage; export game meat receival and kangaroo pet food depot; fast food outlet; feed lot; ferry terminal; fertiliser storage depot; fibre board plant; field archery range; fire brigade station; fire observation tower; fish depot; fishing club; flood mitigation dam or canal; flying field and soaring/gliding building; football; football club; football ground; freight terminal and barge ramp; fruit growing; fruit storage; fuel and garage facilities; fuel depot; fuel storage; game collection centre; game fishing club; garage; gas compressor; gas offtake and pressure regulating system; gas storage tank; gas treatment plant; general engineering workshop; general store; Girl Guides hall; golf club; golf course; golf links; grain handling facilities; grain storage depot; gravel treatment; grazing and horticulture; grocery shop; gun club; heavy engineering and fabrication; helipad site; historical museum; hockey club; hockey pitch; holiday unit; home unit; horse and pony club; horse stabling; horticulture; hostel; hotel; hotel‑casino; housing purposes; indoor sports centre; industrial development; industrial purposes; Jaycees room; jetty; judo; kindergarten; kiosk; knackery; land‑based aquaculture; land‑based aquaculture inlet canal; land‑based mariculture; licensed club; light industrial purposes; lighthouse; line depot; log storage; lot feeding; machinery shed; machinery storage; maintenance depot; manufacturing; marina; marine stadium; marine workshop and slipway; market garden; market gardening; Masonic lodge; mechanical workshop; medical centre; memorial club; metal fabrication; microwave radio feeder station; microwave radio tower, mast or building; microwave repeater station; milk depot; mobile telecommunications tower, mast or building; mobile two way radio tower, mast or building; monorail train operation; motel; motocross track; motorbike sales and service; motorbike track; motor club; motorcycle club; motorcycle raceway; motor raceway; motor racing; motor sports; multi‑unit residential development; multi‑purpose family centre; music hall; netball; netball club; netball court; newsagency; nursery; office; offtake and pressure regulating station; oil depot; on‑shore boat house; optical fibre repeater station; orchard; pharmacy; piggery; pine plantation; pipe band hall; pistol club; pistol range; plant nursery; playground; Police Citizens Youth Club; polocrosse; polocrosse club; polocrosse field; pony club; pony field; post office; pottery club; power and sailing boat club and launching, storage and preparation area; power station; power substation; prawn receiving depot; pre‑school; preparation and distribution of meals; private school; produce store; professional fishing base, building and wharf; Progress Association hall; pump site and agriculture; pump station; pumping plant; pumping station; quarry depot; racecourse; racecourse and showground; radio communication tower, mast or building; radio station; radio telephone station; radio transmitter; radio‑telephone transmitter; rail transport infrastructure; railway; railway loop and train loading facilities; reclamation; repeater station; residential building development; residential flats; residential purposes; restaurant; restoration of historical structure and tourist accommodation and facilities; retail liquor outlet; retail shopping; retail shops and/or commercial office; retirement village; Returned Services League club; rice growing and small crops; rifle club; rifle range; roadhouse; roadside stall; rodeo ground; rowing club; rugby league clubhouse; rural training school; rural youth hall; sailing club; saleyard; salt production; sand blasting workshop; sawmill; sawmill products storage; school; school playground; sea cadets hall; secondary school; seed storage; service and maintenance depot; service station; settling pond; sewage disposal; sewage treatment plant; sewage treatment works; shed; shooting range; shop premises; shopping centre; shopping complex; shop; show society and associated sporting ground; showground; showroom; single person’s quarters; skating rink; skeet shooting range; ski club; slaughterhouse; sleeper sawmill; slipway and associated facilities; small bore rifle range; soccer club; speedway and associated purposes; sporting complex; sporting field; sports club or complex; sports ground, field, pitch, stadium or oval; spray painting and mechanical repair; spraypainting; squash court; State Emergency Service purposes; stockpiling gravel; stockpiling sand and gravel; stock trucking yard; storage and milling of rice; storage of boats; storage of containers; storage of electrical equipment; storage of ilmenite; storage of plant and machinery; storage shed; sugar cane growing; sugar mill pumping site; sugar storage; supermarket; surf life saving facility; swimming club; swimming pool; tank site; tannery; tannery and knackery; target bowhunting; telecommunications tower, mast or building; telephone optical fibre repeater site; television tower site; television translator; television transmitting tower, mast or building; tennis club; tennis court; theatre; theatre or hall; timber storage; timber yard; tobacco growing; toll bridge; tourist accommodation; tourist accommodation and facilities; train loading facilities; tramway; tramway loading siding; transformer site; translator broadcasting station; transport depot; transport terminal; travel agency; tropical science field station; truck and machinery depot; trucking depot; trucking yard; union office and associated facilities; vehicle parking; vehicle service and maintenance; vehicle traffic ramp and loading dock; vehicle wrecking yard; vehicles and machinery depot; vineyard; voltage regulator site; war graves; war veterans’ home; warehouse; warehouse storage; water activity centre for Scouts; water bore site; water dissipation plant; water pumping station; water ski club; water storage facilities; waterfront shop; weighbridge; welding workshop; well site; wheat storage and handling depot; wheat storage shed or silo; wholesale plant nursery; workers’ accommodation and marshalling yard; workshop; workshop for handicapped persons; yacht club; youth hall. |
(10) A development lease under the Crown Land Development Act 1959 or the Land Act 1962 that permits the lessee to use the land or waters covered by the lease solely or primarily for manufacturing, business, industrial, residential or tourist and recreational purposes.