Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the context or subject matter otherwise indicates or requires —
appropriate officer means the officer of a
Government department or public authority authorised by such department or
authority in respect of any acts, matters or things in connection with which
the expression is used;
chief executive officer means chief executive
officer of the Department of Agriculture 2 ;
Commissioner means the person for the time being
holding or acting in the office of the Commissioner of Soil and Land
Conservation under this Act;
Council means the Soil and Land Conservation
Council appointed by the Governor under this Act;
Crown lands includes any lands vested in or
controlled by any public authority;
district means a land conservation district
constituted under section 22(1);
district committee means land conservation
district committee established under section 23(2);
eutrophication means the deterioration of water
quality resulting from the accumulation of nutrients in the water;
financial year means the period beginning on and
including 1 July in any calendar year and ending on and including
30 June in the next following calendar year;
land conservation district means land conservation
district constituted under section 22(1);
land degradation includes —
(a) soil
erosion, salinity, eutrophication and flooding; and
(b) the
removal or deterioration of natural or introduced vegetation,
that may be detrimental to the present or future
use of land;
occupier , in relation to land, means the person
by whom or on whose behalf the land is actually occupied, or, if there is no
such person, the person entitled to possession, and includes a person who,
under a licence or concession relating to specified land vested in the Crown,
has the right to take a profit à prendre in respect of the land;
owner , in relation to land, includes every person
who jointly or severally whether at law or in equity —
(a) is
entitled to the land for an estate of freehold in possession; or
(b) is a
person to whom the Crown has lawfully contracted to transfer the fee simple
under the Land Administration Act 1997 , or any other Act relating to the
alienation of lands of the Crown; or
(c) is
entitled to receive or is in receipt of, or if the land were let to a tenant
would be entitled to receive the rents and profits thereof whether as
beneficial owner, trustee, or mortgagee; or
(d) is
the holder of any lease granted under the Land Administration Act 1997 ,
or any other Act relating to the disposition of lands of the Crown;
public authority includes —
(a) the
Ministers of the Crown charged respectively with the administration of the
Acts mentioned in the Schedule to this Act;
(b) any
Minister of the Crown charged with the administration of any Act relating to
water supply, sewerage or drainage;
(c) any
Minister of the Crown charged with the administration of the
Public Works Act 1902 , or responsible for any works which are by virtue
of any other Act deemed to be public works for the purposes of that Act;
(ca) the
Public Transport Authority of Western Australia established by the Public
Transport Authority Act 2003 section 5;
(d)
every board or local government established or constituted under any of the
Acts mentioned in the Schedule to this Act;
[(e) deleted]
(f) the
CEO as defined in section 3 of the Conservation and Land Management
Act 1984 ;
(g) the
Commissioner of Main Roads; and
(h) any
other person or body declared by the Governor by Order in Council to be a
public authority for the purposes of this Act;
Registrar of Deeds and Transfers has the meaning
given to that expression by the Registration of Deeds Act 1856 ;
Registrar of Titles has the meaning given to that
expression by the Transfer of Land Act 1893 ;
relevant land registration officer , when used in
Part IVA or section 34A in relation to land, means —
(a)
where the land is under the operation of the Transfer of Land Act 1893
or Land Administration Act 1997 , the Registrar of Titles; and
(b)
where the land is alienated from the Crown but is not under the operation of
the Transfer of Land Act 1893 , the Registrar of Deeds and Transfers;
salinity means deterioration in soil quality or
water quality resulting from the accumulation of, or a variation in the amount
of, any salt in soil or water;
service charge means a charge imposed under
section 25A(1a);
soil conservation means the application to land of
cultural, vegetational and land management measures, either singly or in
combination, to attain and maintain an appropriate level of land use and
stability of that land in perpetuity and includes the use of measures to
prevent or mitigate the effects of land degradation;
soil conservation reserve means a soil
conservation reserve created under this Act;
the Trust means the Landcare Trust established by
section 40;
the Trust Account means the Landcare Trust Account
established under section 41B;
Treasurer means the Treasurer of the State.
[Section 4 amended by No. 32 of 1955
s. 3; No. 40 of 1974 s. 3; No. 63 of 1981 s. 4;
No. 42 of 1982 s. 7; No. 98 of 1985 s. 3; No. 46 of
1988 s. 4; No. 91 of 1990 s. 4; No. 47 of 1994 s. 3;
No. 73 of 1995 s. 188; No. 14 of 1996 s. 4; No. 57 of 1997
s. 111; No. 31 of 1997 s. 81(1)-(3) and 141; No. 4 of 1999
s. 4; No. 31 of 2003 s. 168; No. 28 of 2006 s. 26;
No. 77 of 2006 s. 17; No. 38 of 2007 s. 200.]