Property Tax (First Home Buyer Choice) Act 2022
8Meaning of “owner of land”
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8 Meaning of “owner of land”
8 Meaning of “owner of land”
(1) In this Act, owner of land means—
(a) for a lot within the meaning of the Strata Schemes Development Act 2015—the owner of the lot within the meaning of that Act, or
(b) for a development lot or neighbourhood lot within the meaning of the Community Land Development Act 2021—the owner of the lot within the meaning of that Act, or
(c) for an exclusive land use entitlement—the owner of the interest that gives the entitlement, or
(d) for land leased from the Crown in perpetuity by a person other than the Crown—the lessee, or
(e) for land subject to an eligible life estate—the owner of the life estate, or
(f) otherwise—the legal owner of the lot.
(2) If a lessee is taken to be the owner of land for the purposes of this Act, the person who owns the fee simple in the land is taken not to be an owner of the land for the purposes of this Act.
(3) If an exclusive land use entitlement arises from ownership of shares or units in a relevant entity that owns land, the relevant entity is taken not to be the owner of the land for the purposes of this Act.
(4) In this section—
eligible life estate means a life estate—
(a) created directly by the terms of a will and not by the exercise of a discretion under a will, and
(b) conferred for the life of the owner of the life estate.
relevant entity has the same meaning as in section 7.