In this Act ¾

}owner~ ¾

(a) in relation to Crown land, means ¾

(i) a lessee of the land or another person with a right to occupy the land otherwise than as an owner according to paragraph (b) or (c); or

(ii) a person with a right to acquire by purchase or otherwise the fee simple of the land;

(b) in relation to Crown land that does not have an owner according to paragraph (a) and that ¾

(i) is vested in a person;

(ii) is dedicated to a purpose of a person; or

(iii) is placed under the control of a person,

means that person or, if applicable, the management body within the meaning of the Land Administration Act 1997 for the land;

(c) in relation to Crown land that does not have an owner according to paragraph (a) or (b), means the State;

(d) in relation to freehold land that is under the operation of the Transfer of Land Act 1893, means a proprietor within the meaning of that Act, except a mortgagee who is not a mortgagee in possession of the land;

(e) in relation to land that is subject to the Registration of Deeds Act 1856, means the holder of an interest registered by memorial under that Act, except a mortgagee who is not a mortgagee in possession of the land; or

(f) means a person who ¾

(i) under the Mining Act 1978, holds in respect of the land a mining tenement within the meaning of that Act;

(ii) in accordance with the Mining Act 1978, holds, occupies, uses, or enjoys in respect of the land a mining tenement within the meaning of the Mining Act 1904 ²; or

(iii) under the Petroleum Act 1967, holds in respect of the land a petroleum production licence or a petroleum exploration permit within the meaning of that Act.

[Section 3A inserted by No. 42 of 2002 s. 5.]