South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"the area factor" means the factor for each of the emergency services areas
declared by notice under section 10;
"authorised officer" means a person who is an authorised officer for the
purposes of the taxation laws under the Taxation Administration Act 1996
;
"Commissioner" means the person appointed or acting as the Commissioner of
State Taxation, and includes a person appointed or acting as a
Deputy Commissioner of State Taxation (see Part 9 of the Taxation
Administration Act 1996 );
"contiguous land"—see subsections (2) and (3);
"emergency service" means—
(a) a
service of the kind provided by—
(i)
the South Australian Country Fire Service;
(ii)
the South Australian Metropolitan Fire Service;
(iii)
the South Australian State Emergency Service;
(iv)
Surf Life Saving South Australia Inc.;
(v)
a body or organisation that is a member of Volunteer
Marine Rescue S.A. Incorporated; or
(b) a
service provided by the South Australian Police Department—
(i)
of a kind referred to in paragraph (a); or
(ii)
to assist a body or organisation referred to in
paragraph (a) in providing such a service; or
(c) a
service or other activity incidental or related to a service of a kind
referred to in paragraphs (a) or (b);
"emergency services area" means an area prescribed by or under section 7;
"the Fund" means the Community Emergency Services Fund established by this
Act;
"the land use factor" means the factor for each of the land uses referred to
in section 8(1) declared by notice under section 10;
"Motor Accident Commission" means the Motor Accident Commission continued in
existence by the Motor Accident Commission Act 1992 ;
"motor vehicle" means a motor vehicle that is required to be registered under
the Motor Vehicles Act 1959 ;
"non-reviewable decision"—see section 4;
"owner" of land means—
(a)
where the land has been granted in fee simple—
(i)
in the case of land that is subject to a life
estate—the holder of the life estate;
(ii)
in any other case—the holder of the estate in fee
simple in the land;
(b) in
relation to dedicated land within the meaning of the Crown Lands
Act 1929 that has not been granted in fee simple but which is under the
care, control and management of a Minister, body or other person—the
Minister, body or other person;
(c) in
relation to land dedicated by or under any other Act being land that has not
been granted in fee simple but which is under the care, control and management
of a Minister, body or other person—the Minister, body or other person;
(d)
where the land is unalienated land of the Crown—the Crown;
(e)
where the land is held from the Crown under lease, licence or agreement to
purchase—
(i)
if the lease, licence or agreement confers a right to
occupy the land—the person entitled to the right of occupation;
(ii)
in any other case—the Crown,
and includes any person who has arrogated to himself or herself (whether
lawfully or unlawfully) the rights of an owner of the land;
"vessel" means a vessel that is required to be registered under the Harbors
and Navigation Act 1993 .
(1a) Where unalienated
land of the Crown is held from the Crown under a licence, the ownership of the
land for the purposes of this Act will be determined in accordance with
paragraph (e) of the definition of
"owner" in subsection (1) and not in accordance with paragraph (d)
of that definition.
(2) For the purposes
of this Act, pieces of land will be taken to be contiguous if they abut one
another at any point or if they are separated only by—
(a) a
street, road, lane, footway, court, railway, thoroughfare or travelling stock
route; or
(b) a
reserve or other similar open space dedicated for public purposes.
(3) For the purposes
of subsection (2) pieces of land will be taken to be separated by
intervening land if a line projected at right angles from any point on the
boundary of one of them with the intervening land would intersect a boundary
of the other with the intervening land.
(4) A reference in
this Act to the use of land is a reference to the predominant use of the land.