Section 78 of the Principal Act is amended as follows:

(a) by omitting "This" and substituting "(1) Except as provided in subsection (2), this" ;

(b) by inserting the following paragraphs after paragraph (ba):

(bb) land owned, vested in or occupied by a GBE that is not specified in Schedule 8 to the Government Business Enterprises Act 1995 ; or

(bc) State forest; or

(c) by inserting the following subsections:

(2)  This Division does apply to and in respect of land referred to in subsection (1)(a) , (b) or (bb) if the land, or any part of it, is let or sublet to a private tenant.

(3)  For the avoidance of doubt, a State-owned company is taken to be a private tenant for the purposes of this section.

(4)  In this section –

exempt tenant , of land in a municipal area, means a tenant that the Commission, in its discretion and on the written application of the local council of the municipal area, has certified is occupying the land for –

(a) a benevolent, charitable or philanthropic purpose; or

(b) a non-profit community or non-profit sporting purpose;

GBE means a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ;

private tenant , of land in a municipal area, means a tenant other than –

(a) the Crown in right of the Commonwealth or in right of any State or Territory; or

(b) a local council; or

(c) a single authority or joint authority within the meaning of the Local Government Act 1993 ; or

(d) a State authority specified in Part 2 of Schedule 1 to the State Service Act 2000 ; or

(e) an exempt tenant;

State-owned company means a company incorporated under the Corporations Act that is controlled by the Crown in right of this State, by a GBE or statutory authority, or by another company that is so controlled;

statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority.