3AMeaning of owner

3A Meaning of owner

[Section 3A Inserted by No. 33 of 2015, s. 5, Applied:01 Jan 2016]

(1)  In this Act, owner, in relation to land, means each of the following persons:

(a) in the case of a fee simple estate in land – the person in whom that estate is vested;

(b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage – the equity of redemption in that mortgage;

(c) in the case of land held under a tenancy for life – the person who is the life tenant;

(d) in the case of land held under a lease –

(i) for a term of not less than 99 years – the lessee; or

(ii) if another period is prescribed by the regulations, for a term of not less than that period – the lessee;

(e) in the case of land in respect of which a person has a prescribed interest – that person;

(f) in the case of land that is unalienated from the Crown – the Crown.

(2)  In this Act, owner, in relation to –

(a) a dam that has been constructed, means each of the following persons:

(i) the person who owns the dam;

(ii) any person who owns land that may be covered by water when the dam is at maximum operating level (other than because of flood discharge) or, if there is a controlled spillway in relation to the dam, when water is at the spillway crest level; or

(b) a dam under construction, means each of the following persons:

(i) the holder of a Division 3 permit or a Division 4 permit under which the dam is being constructed;

(ii) any person who is the owner of the land on which dam works in relation to the dam are being, or are to be, undertaken.