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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 528 Definitions

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 528

Definitions

    In this Act, unless the contrary intention appears:

"accredited authorisation process" has the meaning given by subsection   33(2A).

"accredited management arrangement" has the meaning given by subsection   33(2).

"acquisition of property" has the meaning given by subsection   519(2).

"action" has the meaning given by Subdivision   A of Division   1 of Part   23.

"action management plan" , in relation to an action, means a plan for managing the impacts of the action on a matter protected by a provision of Part   3, such as a plan for conserving habitat of a species.

"agency" of a State or self - governing Territory means:

  (a)   a Minister of the State or Territory; or

  (b)   a body corporate established for a public purpose by a law of the State or Territory; or

  (c)   a body corporate established by:

  (i)   the Governor of the State; or

  (ii)   if the Territory is the Australian Capital Territory--the Governor - General acting in relation to the Australian Capital Territory; or

  (iii)   if the Territory is the Northern Territory--the Administrator of the Territory; or

  (iv)   a Minister of the State or Territory;

    otherwise than by or under a law of the State or Territory; or

  (d)   a company in which the whole of the shares or stock, or shares or stock carrying more than one - half of the voting power, is or are owned by or on behalf of the State or Territory; or

  (e)   a body corporate that is a subsidiary of:

  (i)   a body or company referred to in paragraph   (b), (c) or (d); or

  (ii)   a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be an agency of the State or Territory for the purposes of this definition; or

  (f)   a person holding, or performing the duties of:

  (i)   an office established by or under a law of the State or Territory (except a judicial office or an office of member of a tribunal); or

  (ii)   an appointment made under a law of the State or Territory (except appointment to a judicial office or an office of member of a tribunal); or

  (g)   a person holding, or performing the duties of, an appointment made by:

  (i)   the Governor of the State; or

  (ii)   if the Territory is the Australian Capital Territory--the Governor - General acting in relation to the Australian Capital Territory; or

  (iii)   if the Territory is the Northern Territory--the Administrator of the Territory; or

  (iv)   a Minister of the State or Territory;

    otherwise than by or under a law of the State or Territory.

"aggravated offence" :

  (a)   in Subdivision B of Division   1 of Part   13--has the meaning given by section   196F; and

  (b)   in Subdivision B of Division   2 of Part   13--has the meaning given by section   211F; and

  (c)   in Subdivision B of Division   4 of Part   13--has the meaning given by section   254F.

"aircraft" means an apparatus that can derive support in the atmosphere from the reactions of the air.

"animal" means any member, alive or dead, of the animal kingdom (other than a human being).

"animal reproductive material" means:

  (a)   an embryo, an egg or sperm of an animal; or

  (b)   any other part, or product, of an animal from which another animal could be produced.

"Antarctic" has the same meaning as in the Antarctic Treaty (Environment Protection) Act 1980 .

"Apia Convention" means the Convention on Conservation of Nature in the South Pacific, done at Apia, Western Samoa, on 12   June 1976, as amended and in force for Australia from time to time.

Note:   The English text of the Convention is set out in Australian Treaty Series 1990 No.   41.

"approved conservation advice" has the meaning given by subsection   266B(2).

"article" includes a substance or a mixture of substances.

"artificially propagated" , in relation to a plant or plant reproductive material, has the meaning given by section   527C.

"assess" an action includes assess the impacts that the action:

  (a)   has or will have; or

  (b)   is likely to have.

"assessment report" has the meaning given by subsection   130(2).

"Australian aircraft" has the meaning given by subsection   5(5).

"Australian Biosphere reserve management principles" has the meaning given by section   340.

"Australian Heritage Council" means the body established by the Australian Heritage Council Act 2003 .

"Australian IUCN reserve management principles" has the meaning given by subsection   348(1).

"Australian jurisdiction" has the meaning given by subsection   5(5).

"Australian national" has the meaning given by subsection   5(5).

"Australian permanent resident" has the meaning given by subsection   5(5).

"Australian Ramsar management principles" has the meaning given by section   335.

"Australian vessel" has the meaning given by subsection   5(5).

"Australian Whale Sanctuary" has the meaning given by subsection   225(2).

"Australian World Heritage management principles" has the meaning given by section   323.

"authorisation process" means a process set out in a law of the Commonwealth or a State or Territory under which actions are authorised.

"authorised officer" means:

  (a)   a warden; or

  (b)   an inspector.

"baggage" has the meaning given by section   443.

"bilateral agreement" has the meaning given by subsection   45(2).

"bilaterally accredited authorisation process" has the meaning given by subsection   46(2A).

"bilaterally accredited management arrangement" has the meaning given by subsection   46(2).

"biodiversity" means the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part) and includes:

  (a)   diversity within species and between species; and

  (b)   diversity of ecosystems.

"Biodiversity Convention" means the Convention on Biological Diversity done at Rio de Janeiro on 5   June 1992, as amended and in force for Australia from time to time.

Note:   The English text of this Convention is set out in Australian Treaty Series 1993 No.   32.

"biological resources" includes genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity.

"bioregional assessment" , in relation to an area, means the scientific analysis of the ecology, hydrology and geology of the area for the purpose of assessing the potential direct and indirect impacts of unconventional gas development or large coal mining development on water resources in the area, including any impacts of associated salt production and/or salinity.

"bioregional plan" means a bioregional plan for a bioregion as mentioned in section   176.

"Biosphere reserve" has the meaning given by section   337.

"Board" means a Board established under section   377.

"Bonn Convention" means the Convention on the Conservation of Migratory Species of Wild Animals done at Bonn on 23   June 1979, as amended and in force for Australia from time to time.

Note:   The English text of the Convention is set out in Australian Treaty Series 1991 No.   32.

"bred in captivity" , in relation to an animal or animal reproductive material, has the meaning given by section   527B.

"CAMBA" means the Agreement between the Government of Australia and the Government of the People's Republic of China for the protection of Migratory Birds and their Environment done at Canberra on 20   October 1986, as amended and in force for Australia from time to time.

Note:   The English text of the Agreement is set out in Australian Treaty Series 1988 No.   22.

"cetacean" means a member of the sub - order Mysticeti or Odontoceti of the Order Cetacea, and includes:

  (a)   a part of such a member; and

  (b)   any animal reproductive material of such a member, or any part of such reproductive material; and

  (c)   any product derived from such a member; and

  (d)   the whole or part of the dead body of such a member; and

  (e)   any product derived from the dead body, or part of the dead body, of such a member.

"CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on 3   March 1973, as amended and in force for Australia from time to time.

Note:   The English text of the Convention is set out in Australian Treaty Series 1976 No.   29.

"CITES I species" means a species included in the list referred to in section   303CA, where there is a notation to the effect that the species is included in Appendix I to CITES.

"CITES I specimen" means a specimen that belongs to a CITES I species, where there is a notation in the list referred to in section   303CA that describes the specimen.

"CITES II species" means a species included in the list referred to in section   303CA, where there is a notation to the effect that the species is included in Appendix II to CITES.

"CITES II specimen" means a specimen that belongs to a CITES II species, where there is a notation in the list referred to in section   303CA that describes the specimen.

"CITES III species" means a species included in the list referred to in section   303CA, where there is a notation to the effect that the species is included in Appendix III to CITES.

"CITES III specimen" means a specimen that belongs to a CITES III species, where there is a notation in the list referred to in section   303CA that describes the specimen.

"CITES specimen" means:

  (a)   a CITES I specimen; or

  (b)   a CITES II specimen; or

  (c)   a CITES III specimen.

"civil penalty provision" has the meaning given by section   482.

"coastal sea" of Australia or an external Territory has the same meaning as in subsection   15B(4) of the Acts Interpretation Act 1901 .

"coastal waters" of a State or the Northern Territory has the meaning given by section   227.

"commercial fishing activity" has the meaning given by subsection   390SC(1A).

"commissioner" means a person holding an appointment under paragraph   107(1)(a).

"Commonwealth agency" means:

  (a)   a Minister; or

  (b)   a body corporate established for a public purpose by a law of the Commonwealth; or

  (c)   a body corporate established by a Minister otherwise than under a law of the Commonwealth; or

  (d)   a company in which the whole of the shares or stock, or shares or stock carrying more than one - half of the voting power, is or are owned by or on behalf of the Commonwealth; or

  (e)   a body corporate that is a subsidiary of:

  (i)   a body or company referred to in paragraph   (b), (c) or (d); or

  (ii)   a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a Commonwealth agency for the purposes of this definition; or

  (f)   a person holding, or performing the duties of:

  (i)   an office established by or under a law of the Commonwealth (except a judicial office or office of member of a tribunal); or

  (ii)   an appointment made under a law of the Commonwealth (except an appointment to a judicial office or office of member of a tribunal); or

  (g)   a person holding, or performing the duties of, an appointment made by the Governor - General, or by a Minister, otherwise than under a law of the Commonwealth;

but does not include:

  (h)   a person holding an office established by or under any of the following Acts, or holding an appointment made under any of them:

  (i)   the Northern Territory (Self - Government) Act 1978 ;

  (ii)   the Norfolk Island Act 1979 ;

  (iii)   the Australian Capital Territory (Self - Government) Act 1988 ; or

  (i)   any of the following:

  (i)   an Aboriginal Land Trust, or an Aboriginal Land Council, established under the Aboriginal Land Rights (Northern Territory) Act 1976 ;

  (ii)   a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ;

  (iii)   the Wreck Bay Aboriginal Community Council established by the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986 ; or

  (j)   a company prescribed by the regulations for the purposes of this paragraph.

"Commonwealth aircraft" has the meaning given by section   403.

"Commonwealth area" has the meaning given by section   525.

"Commonwealth Heritage criteria" has the meaning given by subsection   341D(1).

"Commonwealth Heritage List" means the list referred to in section   341C.

"Commonwealth Heritage management principles" has the meaning given by section   341Y.

"Commonwealth Heritage place" has the meaning given by subsection   341C(3).

"Commonwealth Heritage value" has the meaning given by section   341D.

"Commonwealth land" has the meaning given by section   27.

"Commonwealth marine area" has the meaning given by section   24.

"Commonwealth reserve" means a reserve declared under Division   4 of Part   15.

"Commonwealth ship" has the meaning given by section   403.

"components of biodiversity" has the meaning given by subsection   171(3).

"conservation agreement" means an agreement made under section   305.

"conservation dependent" : a native species may be included in the conservation dependent category of the list of threatened native species in accordance with Subdivision   A of Division   1 of Part   13.

"conservation dependent species" means a listed threatened species that is included in the conservation dependent category of the list referred to in section   178.

"conservation order" means an order made under section   464 (with variations (if any) under section   466 or 469).

"conservation zone" means a Commonwealth area that is declared to be a conservation zone under Division   5 of Part   15.

"constitutional corporation" means a corporation to which paragraph   51(xx) of the Constitution applies.

"continental shelf" means:

  (a)   the continental shelf (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories); or

  (b)   the Greater Sunrise special regime area.

"continuation" of a use of land, sea or seabed has the meaning given by section   43B.

"control" : a Commonwealth agency controls a place only if the agency has rights (whether arising under a law, lease, licence or otherwise) to:

  (a)   occupy or use the place; and

  (b)   take actions in relation to the place that could potentially have an impact on heritage values that the place may have.

"controlled action" has the meaning given by section   67.

"controlling provision" has the meaning given by section   67.

"convict" a person of an offence has a meaning affected by section   527.

"copy" , when used in relation to a warrant issued under section   409 or 416 (or a form of warrant completed under subsection   409A(6) or 416(6)), includes:

  (a)   a copy sent by fax or other electronic means; or

  (b)   a copy of a copy so sent.

"country" includes a place that is a territory, dependency or colony (however described) of a foreign country.

"critical habitat" for a listed threatened species or a listed threatened ecological community has the meaning given by subsection   207A(4).

"critically endangered" :

  (a)   a native species may be included in the critically endangered category of the list of threatened native species in accordance with Subdivision   A of Division   1 of Part   13; and

  (b)   an ecological community may be included in the critically endangered category of the list of threatened ecological communities in accordance with Subdivision   A of Division   1 of Part   13.

"daily newspaper" means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published, whether or not the newspaper is ordinarily published on other days.

"declaration affected person" has the meaning given by subsection   390SE(3).

"declared commercial fishing activity" has the meaning given by subsection   390SC(1).

"declared Ramsar wetland" has the meaning given by section   17.

"declared State or Territory" means a State or self - governing Territory that is declared by the Minister under section   505E.

"declared World Heritage property" has the meaning given by section   13.

"designated proponent" of an action means the person designated under Division   2 of Part   7 as the proponent of the action.

"directed environmental audit" has the meaning given by subsection   460(4).

"Director" means the Director of National Parks referred to in section   514A.

"Director of Biosecurity" has the same meaning as in the Biosecurity Act 2015 .

"dory" means:

  (a)   a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used in association with a primary commercial fishing vessel; or

  (b)   a vessel that is used in association with a primary commercial fishing vessel.

Note:   A dory might also be known as a tender commercial fishing vessel.

"ecological character" has the meaning given by subsection   16(3).

"ecological community" means the extent in nature in the Australian jurisdiction of an assemblage of native species that:

  (a)   inhabits a particular area in nature; and

  (b)   meets the additional criteria specified in the regulations (if any) made for the purposes of this definition.

"ecologically sustainable use" of natural resources means use of the natural resources within their capacity to sustain natural processes while maintaining the life - support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.

"ecosystem" means a dynamic complex of plant, animal and micro - organism communities and their non - living environment interacting as a functional unit.

"eligible seizable item" means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.

"endangered" :

  (a)   a native species may be included in the endangered category of the list of threatened native species in accordance with Subdivision   A of Division   1 of Part   13; and

  (b)   an ecological community may be included in the endangered category of the list of threatened ecological communities in accordance with Subdivision   A of Division   1 of Part   13.

"environment" includes:

  (a)   ecosystems and their constituent parts, including people and communities; and

  (b)   natural and physical resources; and

  (c)   the qualities and characteristics of locations, places and areas; and

  (d)   heritage values of places; and

  (e)   the social, economic and cultural aspects of a thing mentioned in paragraph   (a), (b), (c) or (d).

"environmental authorisation" has the meaning given by section   43A.

"environmental authority" has the meaning given by subsection   458(4).

"environmental law" means:

  (a)   this Act; or

  (b)   the regulations; or

  (c)   the Great Barrier Reef Marine Park Act 1975 ; or

  (d)   regulations made under the Great Barrier Reef Marine Park Act 1975 .

"environmental penalty provision" means:

  (a)   a civil penalty provision under this Act; or

  (b)   a civil penalty provision under the Great Barrier Reef Marine Park Act 1975 .

"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

"evidential material" has the meaning given by subsection   406(2).

"exclusive economic zone" means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories).

"executing officer" , in relation to a warrant, means:

  (a)   the authorised officer named in the warrant as being responsible for executing the warrant; or

  (b)   if that authorised officer does not intend to be present at the execution of the warrant--another authorised officer whose name has been written in the warrant by the authorised officer so named; or

  (c)   another authorised officer whose name has been written in the warrant by the authorised officer last named in the warrant.

"executive officer" of a body corporate has the meaning given by section   493.

"extinct" : a native species may be included in the extinct category of the list of threatened native species in accordance with Subdivision   A of Division   1 of Part   13.

"extinct in the wild" : a native species may be included in the extinct in the wild category of the list of threatened native species in accordance with Subdivision   A of Division   1 of Part   13.

"Federal Court" means the Federal Court of Australia.

"Federal Register of Legislation" means the Federal Register of Legislation established under the Legislation Act 2003 .

"fish" has the same meaning as in the Fisheries Management Act 1991 .

"Fisheries Minister" means the Minister administering the Fisheries Management Act 1991 .

"fishing" has the same meaning as in the Fisheries Management Act 1991 .

"fishing activity" has the meaning given by subsection   390SC(2).

"fishing concession" has the same meaning as in the Fisheries Management Act 1991 .

"foreign whaling vessel" has the meaning given by subsection   236(5).

"frisk search" has the meaning given by subsection   413(3).

"genetic resources" means any material of plant, animal, microbial or other origin that contains functional units of heredity and that has actual or potential value for humanity.

"goods" has the meaning given by section   443.

"Great Barrier Reef Marine Park" means the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 .

"Great Barrier Reef Marine Park Authority" means the Great Barrier Reef Marine Park Authority established by the Great Barrier Reef arine Park Act 1975 .

"Greater Sunrise special regime area" has the meaning given by subsection   5(5).

"habitat" means the biophysical medium or media:

  (a)   occupied (continuously, periodically or occasionally) by an organism or group of organisms; or

  (b)   once occupied (continuously, periodically or occasionally) by an organism, or group of organisms, and into which organisms of that kind have the potential to be reintroduced.

"heritage value" of a place includes the place's natural and cultural environment having aesthetic, historic, scientific or social significance, or other significance, for current and future generations of Australians.

"holder" means:

  (a)   in the case of a permit issued under Chapter   5--the person to whom the permit was issued or transferred, as the case may be; or

  (b)   in the case of an approval under Part   9--the person named in the approval under paragraph   133(2)(c).

"impact" has the meaning given by section   527E.

"important cetacean habitat area" means an area declared, by a declaration in force under subsection   228A(1), to be an important cetacean habitat area.

"Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development" means the Committee established by section   505C.

"indigenous heritage value" of a place means a heritage value of the place that is of significance to indigenous persons in accordance with their practices, observances, customs, traditions, beliefs or history.

"indigenous people's land" has the meaning given by subsection   363(3).

"indigenous person" has the meaning given by subsection   363(4).

"indigenous tradition" has the meaning given by section   201.

"inspector" means:

  (a)   a person appointed as an inspector under section   396;

  (b)   a person who is an inspector because of section   397; or

  (c)   a person who is an inspector because of an arrangement entered into under section   398.

"interested person" has the meaning given by section   475.

"interfere" with a cetacean has the meaning given by subsection   229B(4).

"IUCN category" has the meaning given by subsection   346(1).

"JAMBA" means the Agreement between the Government of Japan and the Government of Australia for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment done at Tokyo on 6   February 1974, as amended and in force for Australia from time to time.

Note:   The English text of the Agreement is set out in Australian Treaty Series 1981 No.   6.

"jointly managed reserve" has the meaning given by subsection   363(5).

"Kakadu National Park" has the meaning given by subsection   387(3).

"Kakadu region" has the meaning given by subsection   386(1).

"keep" a cetacean or member of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community means:

  (a)   in the case of a cetacean, or a species of animal or community of animals--have charge or possession of the cetacean or member, either in captivity or in a domesticated state; and

  (b)   in the case of a species of plant or community of plants--have possession of the member.

"key threatening process" means a threatening process included in the list referred to in section   183.

"land" has the meaning given by subsection   345(2).

"land council" for indigenous people's land has the meaning given by subsection   363(2).

"large coal mining development" means any coal mining activity that has, or is likely to have, a significant impact on water resources (including any impacts of associated salt production and/or salinity):

  (a)   in its own right; or

  (b)   when considered with other developments, whether past, present or reasonably foreseeable developments.

"large-scale disposal facility" for radioactive waste has a meaning affected by subsection   22(2).

"list" includes a list containing no items.

"listed marine species" means a marine species included in the list referred to in section   248.

"listed migratory species" means a migratory species included in the list referred to in section   209.

"listed threatened ecological community" means an ecological community included in the list referred to in section   181.

"listed threatened species" means a native species included in the list referred to in section   178.

"List of Overseas Places of Historic Significance to Australia" means the record referred to in section   390K.

"live animal" includes animal reproductive material.

"live plant" includes plant reproductive material.

"longfin mako shark" means the listed migratory species with the common name longfin mako shark and the scientific name Isurus paucus .

"magistrate" means a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of the Northern Territory.

"management arrangement" includes:

  (a)   a management plan; and

  (b)   a regime; and

  (c)   a policy.

"master" of a foreign whaling vessel has the meaning given by subsection   236(5).

"matter protected" by a provision of Part   3 has the meaning given by section   34.

"member" includes:

  (a)   in relation to a species of animal (other than a species of cetacean):

  (i)   any part of an animal of the species; and

  (ii)   any animal reproductive material of an animal of the species, or any part of such reproductive material; and

  (iii)   the whole or any part of the dead body of an animal of the species; and

  (b)   in relation to a species of plant:

  (i)   any part of a plant of the species; and

  (ii)   any plant reproductive material of a plant of the species, or any part of such reproductive material; and

  (iii)   the whole or any part of a plant of the species that has died; and

  (c)   in relation to an ecological community:

  (i)   any part of an animal or plant of the community; and

  (ii)   any animal reproductive material of an animal, or plant reproductive material of a plant, of the community, or any part of such animal reproductive material or plant reproductive material; and

  (iii)   the whole or any part of an animal or plant of the community that has died.

"migration zone" has the same meaning as in the Migration Act 1958 .

"migratory species" has the meaning given by subsection   209(8).

"mineral" has the meaning given by subsection   355(3).

"mining operations" has the meaning given by subsection   355(2).

"monitoring power" relating to premises has the meaning given by section   407.

"monitoring warrant" has the meaning given by section   409.

"national" of a foreign country has the meaning given by subsection   5(5).

"National Heritage criteria" has the meaning given by subsection   324D(1).

"National Heritage List" means the list referred to in section   324C.

"National Heritage management principles" has the meaning given by section   324Y.

"National Heritage place" has the meaning given by subsection   324C(3).

"National Heritage value" has the meaning given by section   324D.

"native amphibian" means an amphibian of a native species.

"native animal" means an animal of a native species.

"native bird" means a bird of a native species.

"native mammal" means a mammal of a native species.

"native plant" means a plant of a native species.

"native reptile" means a reptile of a native species.

"native species" means a species:

  (a)   that is indigenous to Australia or an external Territory; or

  (b)   that is indigenous to the seabed of the coastal sea of Australia or an external Territory; or

  (c)   that is indigenous to the continental shelf; or

  (d)   that is indigenous to the exclusive economic zone; or

  (e)   members of which periodically or occasionally visit:

  (i)   Australia or an external Territory; or

  (ii)   the exclusive economic zone; or

  (f)   that was present in Australia or an external Territory before 1400.

Note:   A reference to Australia or an external Territory includes a reference to the coastal sea of Australia or the Territory. See section   15B of the Acts Interpretation Act 1901 .

"nuclear action" has the meaning given by subsection   22(1).

"nuclear installation" has the meaning given by subsection   22(1).

"occupier" of premises means the person apparently in charge of the premises.

"officer assisting" , in relation to a warrant, means:

  (a)   an authorised officer who is assisting in executing the warrant; or

  (b)   a person who is not an authorised officer, but who has been authorised by the relevant executing officer to assist in executing the warrant.

"officer of Customs" has the same meaning as it has in the Customs Act 1901 .

"ordinary search" has the meaning given in subsection   414(3).

"organism" includes:

  (a)   a virus; and

  (b)   the reproductive material of an organism; and

  (c)   an organism that has died.

"place" includes:

  (a)   a location, area or region or a number of locations, areas or regions; and

  (b)   a building or other structure, or group of buildings or other structures (which may include equipment, furniture, fittings and articles associated or connected with the building or structure, or group of buildings or structures); and

  (c)   in relation to the protection, maintenance, preservation or improvement of a place--the immediate surroundings of a thing in paragraph   (a) or (b).

"plant" means a member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes a part of a plant and plant reproductive material.

"plant reproductive material" means:

  (a)   a seed or spore of a plant; or

  (b)   a cutting from a plant; or

  (c)   any other part, or product, of a plant from which another plant can be produced.

"population" of a species or ecological community means an occurrence of the species or community in a particular area.

"porbeagle shark" means the listed migratory species with the common name porbeagle shark and the scientific name Lamna nasus .

"precautionary principle" has the meaning given by subsection   391(2).

"premises" includes a place, vehicle, vessel and aircraft.

"prescribed waters" means waters in respect of which regulations made for the purposes of section   226 are in force.

"primary commercial fishing vessel" means:

  (a)   a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used to take fish for commercial purposes; or

  (b)   a vessel that is used to take fish for commercial purposes.

"principles of ecologically sustainable development" has a meaning affected by section   3A.

"progeny" includes:

  (a)   in relation to an animal--any animal reproductive material of that animal or of any progeny of that animal; and

  (b)   in relation to a plant--any plant reproductive material of that plant or of any progeny of that plant; and

  (c)   in relation to a live animal that is animal reproductive material--any animal resulting from that material or any progeny of such animal; and

  (d)   in relation to a live plant that is plant reproductive material--any plant resulting from that material or any progeny of such plant.

To avoid doubt, a reference in this Act to progeny of an animal or a plant includes a reference to any descendant of that animal or plant.

"radioactive waste" has the meaning given by subsection   22(1).

"Ramsar Convention" means the Convention on Wetlands of International Importance especially as Waterfowl Habitat done at Ramsar, Iran, on 2   February 1971, as amended and in force for Australia from time to time.

Note:   The English Text of the Convention is set out in Australian Treaty Series 1975 No.   48.

"range" of a species means the area where members of the species live, feed, breed or visit periodically or regularly.

"ranger" means a person holding an appointment as a ranger under Part   17.

"recovery plan" means a plan made or adopted under section   269A.

"regulated live specimen" has the meaning given by section   303EA.

"regulated native specimen" has the meaning given by section   303DA.

"relevant impacts" of an action has the meaning given by section   82.

"remediation determination" means a determination, as in force from time to time, made under section   480D.

"remediation order" means an order, as in force from time to time, made under section   480A.

"reprocessing" has the meaning given by subsection   22(1).

"Scientific Committee" means the Threatened Species Scientific Committee established by section   502.

"seabed" has the meaning given by subsection   345(2).

"Secretary" means the Secretary of the Department that:

  (a)   deals with the matter to which the provision containing the reference relates; and

  (b)   is administered by the Minister administering the provision.

"seized" has a meaning affected by section   406B.

"self-governing Territory" means:

  (a)   the Australian Capital Territory; or

  (b)   the Northern Territory.

"shortfin mako shark" means the listed migratory species with the common name shortfin mako shark and the scientific name Isurus oxyrinchus .

"species" means a group of biological entities that:

  (a)   interbreed to produce fertile offspring; or

  (b)   possess common characteristics derived from a common gene pool;

and includes:

  (c)   a sub - species; and

  (ca)   for the purposes of Part   13A--a distinct population of such biological entities; and

  (d)   except for the purposes of Part   13A--a distinct population of such biological entities that the Minister has determined, under section   517, to be a species for the purposes of this Act.

In this definition, the purposes of Part   13A :

  (a)   include the purposes of the definitions of CITES I species , CITES II species and CITES III species ; and

  (b)   do not include determining the meaning of the expression listed threatened species when used in Part   13A.

"specific environmental authorisation" has the meaning given by section   43A.

"specimen" has the meaning given by section   527A.

"spent nuclear fuel" has the meaning given by subsection   22(1).

"subsidiary" of a body corporate has a meaning affected by section   526.

"sub-species" means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species.

"take" , except in Part   13A, includes:

  (a)   in relation to an animal--harvest, catch, capture and trap; and

  (b)   in relation to a plant--harvest, pick, gather and cut.

Note:   For the meaning of take in Part   13A, see section   303BC.

"taxon" means any taxonomic category (for example, a species or a genus), and includes a particular population.

"terms of reference" :

  (a)   in relation to an inquiry under Division   7 of Part   8--has the meaning given by paragraph   107(1)(b); and

  (b)   in relation to an assessment under Division   3 of Part   15B--has the meaning given by paragraph   390SH(1)(b).

"territorial sea" means the territorial sea (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories).

"threat abatement plan" means a plan made or adopted under section   270B.

"threatening process" has the meaning given by subsection   188(3).

"trade" :

  (a)   when used in the context of a reference to a member of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community--includes:

  (i)   buy the member, agree to receive it under an agreement to buy, agree to accept it under such an agreement or acquire it by barter; or

  (ii)   sell the member, offer it for sale, agree to sell it, have it in possession for the purpose of sale, deliver it for the purpose of sale, receive it for the purpose of sale or dispose of it by barter for the purpose of gain or advancement; or

  (iii)   export the member from Australia or an external Territory or import it into Australia or an external Territory; or

  (iv)   cause or allow any of the acts referred to in subparagraph   (i), (ii) or (iii) to be done; or

  (b)   when used in the context of a reference to a cetacean (not being a reference that covers a cetacean because a cetacean is a member referred to in paragraph   (a))--has the meaning given by subsection   229B(4).

"traditional owners" of indigenous people's land has the meaning given by subsection   368(4).

"treat" a cetacean has the meaning given by subsection   229D(3).

"Ulu" ru-Kata Tju ta National Park has the meaning given by subsection   344(3).

"Uluru region" has the meaning given by subsection   386(2).

unconventional gas development means any activity involving unconventional gas production that has, or is likely to have, a significant impact on water resources (including any impacts of associated salt production and/or salinity):

  (a)   in its own right; or

  (b)   when considered with other developments, whether past, present or reasonably foreseeable developments.

"unconventional gas production" means extraction, recovery, or intentional release, (whether by drilling, hydraulic fracturing or other means) of gas from:

  (a)   coal seams or beds; or

  (b)   layers of shale rock; or

  (c)   tight gas reservoirs; or

  (d)   any other sources prescribed by the regulations.

"usage right" has the meaning given by subsection   350(7).

"vehicle" includes a hovercraft.

"vessel" means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water and includes a floating structure and hovercraft.

"vulnerable" :

  (a)   a native species may be included in the vulnerable category of the list of threatened native species in accordance with Subdivision   A of Division   1 of Part   13; and

  (b)   an ecological community may be included in the vulnerable category of the list of threatened ecological communities in accordance with Subdivision   A of Division   1 of Part   13.

"warden" means a person holding an appointment as a warden under Part   17.

"warrant premises" means premises in relation to which a warrant is in force.

"water resource" has the same meaning as in the Water Act 2007 .

"wetland" has the same meaning as in the Ramsar Convention.

"whale watching" has the meaning given by section   238.

"wildlife" means:

  (a)   an animal; or

  (b)   a specimen derived from an animal; or

  (c)   a plant; or

  (d)   a specimen derived from a plant.

"wildlife conservation plan" means a plan of a kind referred to in section   285 that has been made or adopted under that section.

"World Heritage Convention" means the Convention for the Protection of the World Cultural and Natural Heritage done at Paris on 23   November 1972, as amended and in force for Australia from time to time.

Note:   The English text of the Convention is set out in Australian Treaty Series 1975 No.   47.

"World Heritage List" means the list kept under that title under Article 11 of the World Heritage Convention.

"world heritage values" of a property has the meaning given by subsection   12(3).

Recovery plans for listed threatened species and ecological communities and threat abatement plans for key threatening processes bind the Commonwealth and Commonwealth agencies.

The Minister need ensure that a recovery plan is in force for a listed threatened species or ecological community only if the inister decides to have a recovery plan. The Minister must decide whether to have a recovery plan for the species or community within 90 days after it becomes listed. The Minister may, at any other time, decide whether to have such a plan.

The Minister need ensure a threat abatement plan is in force for a key threatening process only if the Minister decides that a plan is a feasible, effective and efficient way of abating the process. The Minister must consult before making such a decision.

A recovery plan or threat abatement plan can be made by the Minister alone or jointly with relevant States and Territories, or the Minister can adopt a State or Territory plan. There must be public consultation and advice from the Scientific Committee about the plan, regardless of how it is made or adopted.

  This Part   sets up a system for regulating the international movement of wildlife specimens.

  A CITES specimen is a specimen of a species included in Appendix I, II or III to the Convention on International Trade in Endangered Species (CITES).

  It is an offence to export or import a CITES specimen unless:

  (a)   the exporter or importer holds a permit; or

  (b)   an exemption applies.

  A regulated native specimen is a specimen of a native species subject to export control under this Part.

  It is an offence to export a regulated native specimen unless:

  (a)   the exporter holds a permit; or

  (b)   an exemption applies.

  A regulated live specimen is a live specimen of a species subject to import control under this Part.

  It is an offence to import a regulated live specimen unless the importer holds a permit.

  It is an offence to possess a specimen that was imported in contravention of this Part.

The Commonwealth may submit a property for inclusion in the World Heritage List only after seeking the agreement of relevant States, self - governing Territories and land - holders.

The Minister must make plans for managing properties on the World Heritage List that are entirely in Commonwealth areas. The Commonwealth and Commonwealth agencies must not contravene such plans.

The Commonwealth must try to prepare and implement management plans for other properties on the World Heritage List, in co - operation with the relevant States and self - governing Territories.

The Commonwealth and Commonwealth agencies have duties relating to World Heritage properties in States and Territories.

The Commonwealth can provide assistance for the protection or conservation of declared World Heritage properties.

The Minister may only include a place in the National Heritage List if the Minister is satisfied that the place has one or more National Heritage values.

The Minister must ask the Australian Heritage Council for an assessment of the place's National Heritage values and may invite public comments on the proposed inclusion of the place in the National Heritage List.

The Minister must make plans to protect and manage the National Heritage values of National Heritage places. The Commonwealth and Commonwealth agencies must not contravene those plans.

The Commonwealth must try to prepare and implement plans for managing other National Heritage places, in co - operation with the States and self - governing Territories.

The Commonwealth and Commonwealth agencies have duties relating to National Heritage places in States and Territories.

The Commonwealth can provide assistance for the identification, promotion, protection or conservation of National Heritage places.

  Note:   Section   15B prohibits an action that has a significant impact on the National Heritage values of a National Heritage place, unless the person taking the action has the approval of the Minister or certain other requirements are met.

This Subdivision   sets out the usual process for the inclusion of places in the National Heritage List.

The usual process involves an annual cycle that revolves around 12 - month periods known as assessment periods. The Minister determines the start of the first assessment period (see section   324G).

The usual process involves the following steps for each assessment period:

  (a)   the Minister may determine heritage themes (this step is optional) (see section   324H);

  (b)   the Minister invites people to nominate places for inclusion in the National Heritage List, and gives the nominations to the Australian Heritage Council (see sections   324J and 324JA);

  (c)   the Australian Heritage Council prepares, and gives to the Minister, a list of places (which will mostly be places that have been nominated) that it thinks should be assessed (see sections   324JB, 324JC and 324JD);

  (d)   the Minister finalises the list of places that are to be assessed (see sections   324JE and 324JF);

  (e)   the Australian Heritage Council invites people to make comments about the places in the finalised list (see section   324JG);

  (f)   the Australian Heritage Council assesses the places in the finalised list, and gives the assessments to the Minister (see sections   324JH and 324JI);

  (g)   the Minister decides whether a place that has been assessed should be included in the National Heritage List (see section   324JJ).

This Subdivision   sets out the emergency process for the inclusion of places in the National Heritage List.

The emergency process involves the following steps:

  (a)   the Minister may include a place in the National Heritage List if it is under threat (see section   324JL);

  (b)   the Minister asks the Australian Heritage Council to assess the place (see section   324JM);

  (c)   the Australian Heritage Council publishes notice of the listing and invites comments (see section   324JN);

  (d)   the Australian Heritage Council assesses the place, and gives the assessment to the Minister (see sections   324JO and 324JP);

  (e)   the Minister has 12 months from the listing of the place to decide whether it should continue to be listed, and the listing will lapse if the Minister does not make a decision within that period (see section   324JQ).

The Commonwealth may designate a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention only after seeking the agreement of relevant States, self - governing Territories and land - holders.

The Minister must make plans for managing wetlands listed under the Ramsar Convention that are entirely in Commonwealth areas. The Commonwealth and Commonwealth agencies must not contravene such plans.

The Commonwealth must try to prepare and implement management plans for other wetlands listed under the Ramsar Convention, in co - operation with the relevant States and self - governing Territories.

The Commonwealth and Commonwealth agencies have duties relating to declared Ramsar wetlands in States and Territories.

The Commonwealth can provide assistance for the protection or conservation of declared Ramsar wetlands.

The Minister may only include a place in the Commonwealth Heritage List if the place is in a Commonwealth area, or is owned or leased by the Commonwealth or a Commonwealth agency outside the Australian jurisdiction, and the Minister is satisfied that the place has one or more Commonwealth Heritage values.

The Minister must ask the Australian Heritage Council for an assessment of the place's Commonwealth Heritage values and may invite public comments on the proposed inclusion of the place in the Commonwealth Heritage List.

Commonwealth agencies must make plans to protect and manage the Commonwealth Heritage values of Commonwealth Heritage places. The Commonwealth and Commonwealth agencies must not contravene those plans.

Commonwealth agencies also have other obligations.

The Commonwealth can provide assistance for the identification, promotion, protection or conservation of Commonwealth Heritage places.

This Subdivision   sets out the usual process for the inclusion of places in the Commonwealth Heritage List.

The usual process involves an annual cycle that revolves around 12 - month periods known as assessment periods. The Minister determines the start of the first assessment period (see section   341G).

The usual process involves the following steps for each assessment period:

  (a)   the Minister invites people to nominate places for inclusion in the Commonwealth Heritage List, and gives the nominations to the Australian Heritage Council (see sections   341H and 341J);

  (b)   the Australian Heritage Council prepares, and gives to the Minister, a list of places (which will mostly be places that have been nominated) that it thinks should be assessed (see sections   341JA, 341JB and 341JC);

  (c)   the Minister finalises the list of places that are to be assessed (see sections   341JD and 341JE);

  (d)   the Australian Heritage Council invites people to make comments about the places in the finalised list (see section   341JF);

  (e)   the Australian Heritage Council assesses the places in the finalised list, and gives the assessments to the Minister (see sections   341JG and 341JH);

  (f)   the Minister decides whether a place that has been assessed should be included in the Commonwealth Heritage List (see section   341JI).

This Subdivision   sets out the emergency process for the inclusion of places in the Commonwealth Heritage List.

The emergency process involves the following steps:

  (a)   the Minister may include a place in the Commonwealth Heritage List if it is under threat (see section   341JK);

  (b)   the Minister asks the Australian Heritage Council to assess the place (see section   341JL);

  (c)   the Australian Heritage Council publishes notice of the listing and invites comments (see section   341JM);

  (d)   the Australian Heritage Council assesses the place, and gives the assessment to the Minister (see sections   341JN and 341JO);

  (e)   the Minister has 12 months from the listing of the place to decide whether it should continue to be listed, and the listing will lapse if the Minister does not make a decision within that period (see section   341JP).

  (a)   that the Commonwealth owns or leases; or

  (b)   that are in a Commonwealth marine area; or

  (c)   outside Australia that the Commonwealth has international obligations to protect.

A Proclamation must assign the reserve to a particular category, that affects how the reserve is managed and used.

Some activities can be undertaken in a reserve only if a management plan provides for them. Commonwealth agencies must comply with a management plan. Regulations can be made to control a wide range of activities in reserves.

The Minister may approve a management plan prepared by the Director and any Board for a reserve.

In agreement with indigenous people, the Minister can set up a Board for a reserve including land leased from indigenous people.

  (a)   that the Commonwealth owns; or

  (b)   that the Commonwealth or the Director leases; or

  (c)   that are in a Commonwealth marine area; or

  (d)   outside Australia that the Commonwealth has international obligations to protect.

A Proclamation must assign the reserve to a particular category that affects how the reserve is managed and used.

Proclamations can be made to alter and revoke reserves.

The Director must consult publicly before some Proclamations are made.

Many works cannot be carried out in a Commonwealth reserve unless permitted by a management plan.

If there is not a management plan in force for a reserve, it must be managed in a way appropriate for the category it has been assigned to by a Proclamation or an earlier management plan.

Regulations can be made to control activities in reserves.

People who have rights relating to an area that is later included in a reserve can continue to exercise those rights in the reserve.

The Director must manage a Commonwealth reserve to give effect to a management plan for the reserve. If indigenous people think the Director is not doing this for a reserve including their land, they can take the matter up with the Minister.

Commonwealth agencies must act so as not to contravene a management plan.

The Minister may approve a management plan for a Commonwealth reserve prepared by the Director and any Board for the reserve. Before the Minister approves a plan, he or she may modify it.

Before the Director gives a plan to the Minister for approval, there are 2 opportunities for the public and others with an interest in the reserve to comment.

The Minister can resolve any disagreements between the Director and a Board for a reserve over preparation of a plan for the reserve.

The Minister must establish a Board for a Commonwealth reserve that is wholly or partly on indigenous people's land, if the land council for that land (or traditional owners) and the Minister agree that there should be a Board for the reserve.

The Board's role is to make decisions and plans for management of the reserve, in conjunction with the Director.

A majority of Board members must be indigenous people nominated by traditional owners if the reserve is wholly or mostly on indigenous people's land.

Special rules apply to Commonwealth reserves in the Kakadu region, Uluru region and Jervis Bay Territory, affecting the activities that can be carried on in those reserves.

Special procedures apply to planning for management of reserves in the Kakadu region, Uluru region and Jervis Bay Territory. These provide for extra involvement of indigenous people in the planning process.

The Governor - General can proclaim a Commonwealth area to be a conservation zone, to protect biodiversity in the area while it is being assessed for inclusion in a Commonwealth reserve.

Regulations can be made to regulate a wide range of activities in a conservation zone.

People who have rights relating to an area that is later included in a conservation zone can continue to exercise those rights in the zone.

A conservation zone can be revoked if the Minister is satisfied the area concerned should not be included in a Commonwealth reserve. It is revoked automatically if it is included in a Commonwealth reserve.

The Minister may make conservation orders controlling activities, and requiring specified people to take specified actions, in Commonwealth areas to protect listed threatened species or ecological communities.

A person who contravenes a conservation order commits an offence.

Before the Minister makes a conservation order, he or she must consult various Commonwealth agencies.

The Secretary must publicise conservation orders, and may give assistance to a person to comply with a conservation order.

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