Towns and cities
251C Towns and cities
Areas in Western Australia
Subject to subsection (4), a particular area in Western Australia is a town or city if, as at 23 December 1996, it was gazetted as a townsite or as suburban lands under section 10 of the Land Act 1933 of Western Australia.
Areas in South Australia
Subject to subsection (4), a particular area in South Australia is a town or city if, as at 23 December 1996, it was:
within the boundaries of a town constituted under section 5(g) of the Crown Lands Act 1929 of South Australia; or
set apart as town lands, or suburban lands, by notice under section 5(h) of that Act; or
town lands, park lands, or suburban lands, within the meaning of section 4 of that Act; or
gazetted in the South Australian Government Gazette, or proclaimed by the Governor of South Australia, as suburban lands, where the gazettal took place, or the proclamation was made, before the enactment of the Crown Lands Act 1929 of South Australia; or
a township within the meaning of section 5(1) of the Local Government Act, 1934 of South Australia; or
park land, within the meaning of section 5(1) of that Act, that was within or adjacent to a township within the meaning of that section; or
the area in relation to which a municipal council was constituted under section 6 of that Act; or
a township within the meaning of section 319 of that Act; or
a township allotment within the meaning of section 5 of the Renmark Irrigation Trust Act 1936 of South Australia; or
town lands within the meaning of section 5 of the Water Conservation Act 1936 of South Australia.
Areas in the Northern Territory
Subject to subsection (4), a particular area in the Northern Territory is a town or city if, as at 23 December 1996, it was:
gazetted as a town (other than the town of Darwin, Hatches Creek, Brocks Creek, Burrundie or Urapunga) under subsection 95(1) of the Crown Lands Act 1992 (NT); or
the area in the Schedule to the Darwin Lands Acquisition Act 1945 of the Commonwealth; or
within a municipality within the meaning of the Local Government Act 1993 (NT).
Exclusion of areas in Western Australia, South Australia or Northern Territory
A particular area is not a town or city under subsection (1), (2) or (3) if the Commonwealth Minister, by legislative instrument, so determines.
Other areas
A particular area in any State or Territory is a town or city if the Commonwealth Minister determines, by legislative instrument, that, in his or her opinion, the area was a town or a city as at 23 December 1996.
Exclusion of ordinary meaning
Except as mentioned in this section, an area is not a town or city.
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