Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.14Meaning of owner for land
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sec.14 Meaning of owner for land
An owner , for land, is— 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 if the land is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; or 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 if the land is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; or if the land is scheme land under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; or 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 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. However, if the land is— 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 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 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. (sec.14-ssec.1) An owner , for land, is— 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 if the land is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; or 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 if the land is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; or if the land is scheme land under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; or 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 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. (sec.14-ssec.2) However, if the land is— 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 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 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.