(1) This Act may be cited as the Lord Howe Island Act 1953.(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
(1) In this Act, unless the context or subject matter otherwise indicates or requires:
Board means the Lord Howe Island Board.
Crown lands means lands of the Island which are vested in the Crown and not permanently dedicated to any public purpose.
Island means the island known as Lord Howe Island and all adjacent islands and coral reefs situated within one marine league measured from low-water mark on the coast of Lord Howe Island together with the islands known as Ball’s Pyramid, Wheatsheaf Island, Observatory Rock and South-East Rock and the unnamed islands in the vicinity thereof.
Islander means, subject to subsection (2), a person who:(a) resided on the Island immediately before the commencement of Schedule 1 (2) (c) to the Lord Howe Island (Amendment) Act 1981, and was an Islander within the meaning of this Act as in force immediately before that commencement,(b) has resided on the Island continuously since that commencement and for the period of 5 years that immediately preceded that commencement,(c) resides on the Island and has so resided continuously during the immediately preceding period of 10 years, or(d) is, on the recommendation of the Board made in special circumstances, declared by the Minister, by order published in the Gazette and for the time being in force, to have retained or acquired the status of an Islander.
Member means member of the Board.
Prescribed means prescribed by this Act or by the regulations.
Regulations means regulations made under this Act.
Reside and residence mean a residing by the person referred to in the context continuously and in good faith on the land indicated by the context as his or her usual home, without any other habitual residence.
Vacant Crown lands means Crown lands not reserved or dedicated or held under any lease from the Crown.(2) In determining for the purposes of this Act whether a person resided or resides on the Island at any time or resided continuously on the Island during any period, an absence from the Island:(a) to attend a school, college, university or other educational institution,(b) at any time when a school, college, university or other educational institution attended by that person is closed for a holiday or during a vacation,(c) during any period not exceeding 10 years or during periods totalling not more than 10 years, for the purpose of gaining experience in a trade, profession or other gainful employment,by a person who, immediately before the commencement of the person’s first such absence, resided on the Island shall be deemed not to interrupt residence on the Island.(3) Notes included in this Act do not form part of this Act.