AustLII Tasmanian Consolidated Acts

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WORKPLACES (PROTECTION FROM PROTESTERS) ACT 2014 - SECT 3

Interpretation

In this Act –
area of land includes any waters on the area of land;
building includes a structure;
business access area , in relation to business premises –
(a) means so much of an area of land (including but not limited to any road, footpath or public place), that is outside the business premises, as is reasonably necessary to enable access to an entrance to, or to an exit from, the business premises; and
(b) in relation to business premises consisting of a vessel or aircraft, includes a mooring, airport, and landing strip, at which the vessel or aircraft is, or is to be, stationed and so much of an area of land as is reasonably necessary to enable access to the mooring, airport or landing strip;
business activity means a lawful activity carried out –
(a) for the purposes of profit or in the course of, or in relation to, carrying out an activity undertaken for the purposes of profit; or
(b) by a Government Business Enterprise; or
(c) as part of an activity carried out on business premises by a business occupier in relation to the premises or ancillary to, or connected to, such an activity; or
(d) for a prescribed purpose that is related to the carrying out of an activity to which paragraph (a) , (b) or (c) relates –
but does not include an activity that is prescribed to not be a business activity for the purposes of this definition;
business occupier , in relation to business premises, means –
(a) a business operator in relation to the business premises; and
(b) a business worker in relation to the business premises;
business operator , in relation to business premises, means all of the following persons or entities in relation to the premises:
(a) an owner, lessee, or lawful occupier, of the premises, including a government entity that is an owner, lessee, or lawful occupier, of the premises;
(b) a government entity in which the premises are vested or that has management or control of the premises;
(c) a person who carries out a business activity on the premises under a contract (other than a contract of service), arrangement, or agreement, with a person who is, in relation to the premises, a business operator;
(d) a person who, under a permit, licence, or another authority, issued or granted under an Act, is entitled to carry out a business activity on the premises;
(e) a person –
(i) who is a member of a prescribed class of persons who are concerned in the management of the carrying out of a business activity; and
(ii) who carries out a business activity on the premises;
business premises has the meaning it has in section 5 ;
business-related object , in relation to business premises, means an object that belongs to, is in the possession of, or is to be used by, a business occupier in relation to the business premises;
business worker , in relation to business premises, means –
(a) a person who is, under a contract of service, employed by a business operator in relation to the premises; and
(b) a person who is a member, in relation to the premises, of a prescribed class of persons who carry out business activities in relation to the premises;
damage , in relation to business premises or an object, includes to destroy, or the destruction of, the business premises or the object;
development includes –
(a) the construction, exterior alteration or exterior decoration of a building; and
(b) the demolition or removal of a building or works; and
(c) the construction or carrying out of works; and
(d) the subdivision or consolidation of land, including buildings and airspace; and
(e) the placing or relocation of a building or works on land; and
(f) the construction or putting up for display of signs or hoardings; and
(g) any activities ancillary to, or preliminary to, the carrying out of development;
engaging in a protest activity has the meaning it has in section 4 ;
forest operations means work comprised of, or connected with –
(a) seeding and planting trees; or
(b) managing trees before they are harvested; or
(c) harvesting, extracting or quarrying forest products –
and includes any related land clearing, land preparation, burning-off or access construction;
forest products means any of the following:
(a) vegetable growth on or from forestry land;
(b) a product of growing trees, or a product of dead trees on or from forestry land;
(c) shrub, timber, or other vegetable growth, that is on or from forestry land;
(d) sand, gravel, clay, loam, or stone, that is on or from forestry land;
forestry land means –
(a) an area of land on which forest operations are being carried out; and
(b) an area of land on which work preparatory to the submission of a plan for certification as a certified forest practices plan under the Forest Practices Act 1985 is being carried out or, but for protest activities on the land, would be being carried out; and
(c) an area of land that is a private commercial forest within the meaning of the Private Forests Act 1994 ; and
(d) premises that are used to process forest products or to store vehicles, or equipment, for use on forestry land, whether or not the premises are forestry land;
Government Business Enterprise has the same meaning as in the Government Business Enterprises Act 1995 ;
government entity means the Crown and includes a statutory officer and a statutory authority;
object includes machinery and a vehicle, vessel, aircraft, or other mobile structure;
owner , in relation to business premises, means –
(a) if the premises are Crown land that is permanent timber production zone land within the meaning of the Forest Management Act 2013 – the Forestry corporation within the meaning of that Act; and
(b) if the premises are land held in fee simple – the person in whom the estate of fee simple is vested or, if the land is general law land subject to mortgage, the person having the equity of redemption in that land; and
(c) if the premises are land held under a tenancy for life – the person who is the life tenant; and
(d) if the premises are land held under a lease for a term of not less than 99 years – the person who is the lessee of the land; and
(e) if the premises are land held under any other interest prescribed to be an interest for the purposes of this definition – the person who is the holder of the land under that interest;
premises means any of the following:
(a) a building;
(b) an area of land;
(c) a building floating on any waters on an area of land;
(d) any other place, or object on a place, that is within a prescribed class of places;
process , in relation to timber, means to pulp, chip, cut, or saw, timber;
protester has the meaning it has in section 4 ;
statutory authority means an incorporated or unincorporated body which is established, constituted or continued –
(a) by or under a Tasmanian or Commonwealth Act; or
(b) under the royal prerogative –
being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by –
(c) the Governor-General or the Governor; or
(d) a Minister of the Crown, including the Crown in right of the Commonwealth; or
(e) another statutory authority or a statutory officer;
statutory officer means a person, including a corporation sole, established or appointed by or under a Tasmanian or Commonwealth Act by –
(a) the Crown, including the Crown in right of the Commonwealth; or
(b) a Minister, including a Minister of the Commonwealth; or
(c) another prescribed person or a member of a class of prescribed persons –
to carry out any functions, or exercise any powers, under a Tasmanian or Commonwealth Act;
timber includes the trunks and branches of trees, whether standing or not, and all wood, whether or not the wood is cut up, sawn, hewn, split or otherwise fashioned;
works includes –
(a) development; and
(b) repair or maintenance, other than repairs or maintenance that are carried out by a person other than for profit; and
(c) actions, on a site of works, preliminary to the carrying out of works on the site of works, including, but not limited to including –
(i) works referred to in paragraph (a) or (b) ; and
(ii) mapping, surveying, testing, or designing; and
(iii) any works that are prescribed; and
(d) any prescribed works.



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