Fences Act 1968

For the purposes of this Act, owner means the following—

for land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), the registered proprietor of the fee simple in the land, or a person who is empowered by or under an Act to execute a transfer of the land;

for land in an identified folio under the Transfer of Land Act 1958 or land not under the Transfer of Land Act 1958 but in respect of which the grant of an estate in fee simple has been made, a person who has an estate in fee simple in the land (except a mortgagee), or who is empowered by or under an Act to convey an estate in fee simple in the land;

the holder of a right to occupy a residence area in respect of land under the Land Act 1958 whether or not covered by a mining licence under the Mineral Resources (Sustainable Development) Act 1990;

for land to which paragraphs (a), (b) and (c) and subsection (3) do not apply that is alienated from the Crown by grant of a lease or licence, the holder of that lease or licence.

Despite subsection (1), owner does not include any of the following—

a person in the occupation of or entitled to occupy land under a licence under the Mineral Resources (Sustainable Development) Act 1990;

a person in the occupation of land held by yearly licence under any Act relating to the sale and occupation of Crown lands;

a municipal council, trustee or other person or body in respect of land owned by or vested in, or under the care, control or management of, the municipal council, trustee, person or body for the purposes of a public park or public reserve;

a traditional owner group entity to whom the Governor in Council has granted an estate in fee simple in land under section 19 of the Traditional Owner Settlement Act 2010 in relation to that land.

Despite subsection (1), if an area of land is common property for which an owners corporation is responsible, the owners corporation is taken to be the owner of the area of land for the purposes of this Act.