Western Australian Consolidated Acts

COUNTRY HOUSING ACT 1998 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        Account means the Country Housing Account referred to in section 15(2);

        appointed member means a member referred to in section 5(1)(a) or (b);

        approved lender means a body or person approved by the Minister under section 30;

        Authority means the Country Housing Authority established by section 4;

        committee means a committee established under clause 9 of Schedule 1;

        family member in relation to a person means —

            (a)         a child, step-child or remoter lineal descendant of the person; or

            (b)         the spouse or de facto partner of that person or of a person referred to in paragraph (a),

        or more than one of them;

        farmer means a person whose sole or principal activity is the carrying on of primary production on his, her or its holding;

        farming company means a corporation —

            (a)         the shares in which are not quoted on a financial market; and

            (b)         which has assets which include —

                  (i)         farming property; or

                  (ii)         a share in a corporation —

                        (I)         the shares in which are not quoted on a financial market; and

        (II)         the assets of which include farming property;

        farming partnership means a partnership, the assets of which include farming property;

        farming property means —

            (a)         land which is used solely or principally for the purpose of primary production; or

            (b)         personal property which is used solely or principally in connection with the business of primary production;

        financial market has the same meaning as in Chapter 7 of the Corporations Act 2001 of the Commonwealth;

        holding means land —

            (a)         held in fee simple; or

            (b)         held on lease or otherwise under the Land Administration Act 1997 ; or

            (c)         held under a perpetual lease granted for the purposes of the scheme as defined in section 4 of the War Service Land Settlement Scheme Act 1954 ; or

            (d)         in relation to which an application to purchase the fee simple has been granted under section 89 of the Land Administration Act 1997 ;

        member means a member of the Authority;

        metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4;

        primary production means agriculture, pastoral pursuits, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities;

        retired farmer means a natural person who has retired from his or her occupation as a farmer and transferred his or her —

            (a)         total interest in farming property; or

            (b)         total interest in farming partnerships; or

            (c)         total shares in farming companies,

        to a family member of that person;

        rural employer means an employer who provides employment for any person (including the employer him or herself), outside the metropolitan region;

        town means land that is a townsite within the meaning of the Land Administration Act 1997 .

        [Section 3 amended by No. 24 of 2000 s. 11; No. 21 of 2003 s. 9; No. 28 of 2003 s. 29; No. 38 of 2005 s. 15; No. 77 of 2006 Sch. 1 cl. 37(1).]