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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 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 coal seam 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.

"coal seam gas development " means any activity involving coal seam gas extraction 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.

"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 Grant (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 the continental shelf (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories).

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

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

"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 Marine Park" Act 1975 .

"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 Coal Seam Gas 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 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 r u-Kata Tju t a National Park " has the meaning given by subsection 344(3).

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

"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).




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