New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 104I

104I Definitions

(1) In this Chapter--

"dwelling" means a house, or a room or a suite of rooms (whether or not forming part of a building or a detached building), that is--

(a) occupied or used as a separate dwelling, or

(b) so constructed, designed or adapted as to be capable of being occupied or used as a separate dwelling.

"partnership interest" --see section 104K.

"residential land" means any of the following and does not include any land used for primary production--

(a) a parcel of land on which there are one or more dwellings, or a parcel of land on which there is a building or buildings under construction that, when completed, will constitute one or more dwellings,

(b) a strata lot, if it is lawfully occupied as a separate dwelling, or suitable for lawful occupation as a separate dwelling,

(c) a utility lot (within the meaning of the Strata Schemes Management Act 2015 ), if its use is restricted to the owner or occupier of a strata lot referred to in paragraph (b),

(d) a land use entitlement, if it entitles the holder of the land use entitlement to occupy a building, or part of a building, as a separate dwelling,

(e) a parcel of vacant land (including any land that the Chief Commissioner is satisfied is substantially vacant) that is zoned or otherwise designated for use under an environmental planning instrument (within the meaning of the Environmental Planning and Assessment Act 1979 ) for residential purposes or principally for residential purposes.

Note :
"Land used for primary production" is defined in the Dictionary.

"residential-related property" --see section 104K.

"retirement visa holder" means a person who holds--

(a) a visa of a subclass specified by regulations (as in force at any time) made under the Migration Act 1958 of the Commonwealth as a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa, or

(b) a visa under that Act of a class (or a subclass) determined by the Chief Commissioner to be equivalent to a subclass referred to in paragraph (a).

(2) A reference in this Chapter to a dwelling does not include a reference to a room or a suite of rooms determined by the Chief Commissioner not to be a dwelling for the purposes of this Chapter.