Definitions
27 Definitions
In this Part—
advisory activity, in relation to a land use activity agreement, means a land use activity that is specified in the agreement as an advisory activity for the purposes of section 32(2)(b);
agreement activity, in relation to a land use activity agreement, means a land use activity that is specified in the agreement as an agreement activity for the purposes of section 32(2)(d);
agreement land, in relation to a land use activity agreement, means the land that is the subject of the agreement;
community benefit means an economic, cultural or social benefit provided to a traditional owner group entity;
community benefit payment means a payment made to the traditional owner group entity as compensation for the impact of the land use activity on the traditional owner rights of the traditional owner group;
S. 27(1) def. of earth resource or infrastructure authorisation amended by No. 10/2010 s. 800(Sch. 6 item 13) (as amended by No. 62/2010 s. 142).
earth resource or infrastructure authorisation means any of the following—
a licence granted under section 25 of the Mineral Resources (Sustainable Development) Act 1990;
an extractive industry work authority granted under section 77I of the Mineral Resources (Sustainable Development) Act 1990;
a written consent for petroleum operation given under section 138 of the Petroleum Act 1998;
the acceptance under Division 3 of Part 9 of the Pipelines Act 2005 of an Environment Management Plan;
a written consent given for geothermal energy operation under section 80 of the Geothermal Energy Resources Act 2005;
the acceptance by the Minister of an environment plan under the regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2010;
an approval for greenhouse gas operation under section 193 of the Greenhouse Gas Geological Sequestration Act 2008;
S. 27(1) def. of enforcement order inserted by No. 67/2016 s. 11.
enforcement order means an order made under section 66B;
S. 27(1) def. of interim enforcement order inserted by No. 67/2016 s. 11.
interim enforcement order means an order made under section 66F;
S. 27(1) def. of limited land use activity amended by Nos 29/2011 s. 3(Sch. 1 item 96.2(a)), 42/2013 s. 35, substituted by No. 24/2024 s. 63(1).
limited land use activity, in relation to agreement land, means a land use activity that is for the purpose of the establishment, use or operation of any specified public works;
negotiation activity, in relation to a land use activity agreement, means a land use activity that is specified in the agreement as a negotiation activity for the purposes of section 32(2)(c);
negotiation activity, class A, in relation to a land use activity agreement, means a land use activity that is specified in the agreement as a negotiation activity, class A for the purposes of section 32(2)(c);
negotiation activity, class B, in relation to a land use activity agreement, means a land use activity that is specified in the agreement as a negotiation activity, class B for the purposes of section 32(2)(c);
notice date means the date on which a notice given under section 49 comes into effect;
S. 27(1) def. of public land authorisation amended by Nos 4/2013 s. 10(1), 26/2018 s. 98(1).
public land authorisation means any of the following—
a lease, licence, permit or other authority under the National Parks Act 1975;
a lease, licence, permit or other authority under the Crown Land (Reserves) Act 1978;
a lease, licence, permit or other authority under the Forests Act 1958;
a lease, licence, permit or other authority under the Land Act 1958;
a tour operator licence under Part IIA of the Wildlife Act 1975;
a consent within the meaning of the Marine and Coastal Act 2018;
a lease under section 3 of the Land (Surf Life Saving Association) Act 1967;
a licence under Division 2 of Part 5 of the Water Act 1989 to construct any works on a waterway or a bore;
a Carbon Sequestration Agreement under section 45 of the Climate Change Act 2010;
relevant Minister, in relation to a land use activity, means the Minister administering the Act under which the activity is being carried out;
responsible person, in relation to the carrying out of a limited land use activity or a significant land use activity, means the person required to reach agreement with the traditional owner group entity under Division 3 in relation to the activity;
routine activity, in relation to a land use activity agreement, means a land use activity that is specified in the agreement as a routine activity for the purposes of section 32(2)(a);
S. 27(1) def. of significant land use activity amended by Nos 29/2011 s. 3(Sch. 1 item 96.2(b)), 4/2013 s. 10(2).
significant land use activity, in relation to any agreement land, means a land use activity which is one of the following—
the granting of a public land authorisation (other than a specified agricultural lease) which confers a right on any person to use, occupy or otherwise access the land for a period of more than 10 years;
the granting of a public land authorisation that is a Carbon Sequestration Agreement under section 45 of the Climate Change Act 2010;
the clearing of the land or the carrying out of any works on the land which has a substantial impact on the physical quality of the land, having regard to the size and scale of the activity;
the grant of any earth resource or infrastructure authorisation in respect of the land, being an approval—
that allows for the extraction, injection, utilisation, treatment or processing of an earth resource above, on or below the surface of the land; or
for the purposes of commercial development and production of an earth resource; or
for the purposes of exploration for an earth resource, if the exploration is not to be carried out in accordance with the conditions for carrying out such exploration that are set out in the agreement;
any land use activity described in paragraph (g) of the definition of land use activity;
any other land use activity which has been declared to be a significant land use activity under subsection (2);
specified agricultural lease means a lease of an area of public land of less than 40 hectares, where the primary purpose of the lease is to use the land for—
cultivation for the purpose of selling the produce of the cultivation (whether in a natural, processed or converted state); or
the maintenance of animals or poultry for the purpose of selling the animals or poultry or their natural increase or bodily produce; or
the cultivation or propagation for sale of plants; or
land used to keep or breed aquatic animals or to cultivate or propagate aquatic plants;
S. 27(1) def. of specified public works amended by No. 24/2024 s. 63(2).
specified public works means any of the following works if provided for a public purpose—
a road, railway, bridge or other transport facility (other than an airport or port);
a jetty or wharf;
a navigation marker or other navigational facility;
an electricity transmission or distribution facility;
a gas transmission or distribution facility;
lighting of streets or other public places;
a well or bore for obtaining water;
a pipeline or other water supply or reticulation facility;
a drainage facility, or a levee or other device for the management of water flows;
an irrigation channel or other irrigation facility;
a sewerage facility, other than a treatment facility;
a cable, antenna, tower or other communication facility;
an automatic weather station;
a public recreation facility;
any other works carried out by or on behalf of the Crown.
S. 27(1) def. of Vic Forests repealed by No. 24/2024 s. 63(3).
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The Governor in Council may, by Order in Council, declare a land use activity to be a significant land use activity.
A declaration under subsection (2) must be made on the joint recommendation of the Minister and the relevant Minister in relation to the activity.
In this Act, a reference to the granting of a public land authorisation or the granting of an earth resource or infrastructure authorisation, includes a reference to—
the issuing of such an authorisation; and
if the authorisation is by way of approving, the giving of approval.
In this Act a reference to the granting of a public land authorisation does not include, in the case of a lease or licence over land, the issuing of a further term of the lease or licence where the lease or licence confers a right on the lessee or licensee to a further term.
This Act’s bill:Explanatory memorandumSecond reading speech
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