Commonwealth Numbered Acts

LEMONTHYME AND SOUTHERN FORESTS (COMMISSION OF INQUIRY) ACT 1987 No. 13 of 1987 - SECT 3

3. In this Act, unless the contrary intention appears:

"acquisition of property" has the same meaning as in paragraph 51 (xxxi) of
the Constitution;

"Commission" means the Commission of Inquiry into the Lemonthyme and Southern
Forests established by this Act;

"Convention" means the Convention for the Protection of the World Cultural and
Natural Heritage that has been adopted by the General Conference of the United
Nations Educational, Scientific and Cultural Organisation, being the
convention a copy of the English text of which is set out in the Schedule to
the World Heritage Properties Conservation Act 1983;

"cultural heritage" has the same meaning as in the Convention;

"excluded area" means an area specified in a notice published in the Gazette
under subparagraph 20 (a) (i);

"Federal Court" means the Federal Court of Australia;

"final report" means the report of the Commission required to be given to the
Minister under subsection 8 (4);

"forestry operations" means operations for the exploitation of forestry
resources;

"High Court" means the High Court of Australia;

"inquiry period" means the period commencing when this Act comes into
operation and ending 1 year afterwards;

"interim protection period" means the period commencing at the commencement of
the inquiry period and ending at the end of the forty-second day after:

   (a)  where paragraph (b) does not apply-the end of the inquiry period; or

   (b)  where, before the last day of the inquiry period, notice of the
        receipt by the Minister of the final report is published in the
        Gazette under subparagraph 20 (a) (ii)-the day on which that notice is
        published;

"interim report" means any report of a kind referred to in paragraph 8 (5)
(b);

"just terms" has the same meaning as in paragraph 51 (xxxi) of the
Constitution;

"legal practitioner" means a barrister, a solicitor, a barrister and
solicitor, or a legal practitioner, of the High Court or of the Supreme Court
of a State or Territory;

"Lemonthyme area" means the area whose boundary is described in Schedule 1;

"member" means a member of the Commission and includes the Presiding Member;

"national estate area" means an area:

   (a)  that has been entered, before the commencement of this Act, in the
        Register of the National Estate under subsection 23 (1) or 25 (2) of
        the Australian Heritage Commission Act 1975; or

   (b)  a description of which has, under subsection 26 (2) of that Act, been
        entered, before the commencement of this Act, on a list of places that
        might be entered in the Register of the National Estate;

"natural heritage" has the same meaning as in the Convention;

"nominated world heritage area" means any area of Tasmania that the
Commonwealth has, under Article 11 of the Convention, submitted to the World
Heritage Committee, whether before or after the commencement of this Act, as
suitable for inclusion in the World Heritage List provided for in paragraph 2
of that Article;

"Presiding Member" means the Presiding Member of the Commission;

"protected area" means the Lemonthyme area and the Southern Forests area,
other than any part of either area that is an excluded area;

"qualifying area" means so much of any area that is:

   (a)  wholly or partly within the Lemonthyme area or the Southern Forests
        area; and

   (b)  a world heritage area or an area that contributes to the integrity or
        values of:

        (i)    a world heritage area that is wholly or partly within the
               Lemonthyme area or the Southern Forests area; or

        (ii)   a nominated world heritage area;
as is not a nominated world heritage area;

"Southern Forests area" means the area whose boundary is described in Schedule
2;

"world heritage area" means an area that forms part of the cultural heritage
or the natural heritage.