ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 4 Definitions
ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 4
Definitions4.(1) In this Act, unless the contrary intention appears: "Advisory Committee" means the Endangered Species Advisory Committee established under section 137; "ANPWS" means the Australian National Parks and Wildlife Service established by section 33 of the National Parks and Wildlife Conservation Act 1975; "Australia" includes the external Territories; "Australian fishing zone" has the same meaning as in the Fisheries Management Act 1991 ; "business day" means a day that is not: (a) a Saturday or a Sunday; or (b) a public holiday or bank holiday in the place concerned; "Chairperson", except in section 161, means the Chairperson of the Advisory Committee; "coastal sea" has the meaning given in subsection 15B(4) of the Acts Interpretation Act 1901 ; "Commonwealth agency" means: (a) a Minister; or (b) a Department; or (c) a body (whether incorporated or unincorporated) established for a public purpose by a law of the Commonwealth; or (d) a body established or appointed by the Governor-General or by a Minister otherwise than by or under a law of the Commonwealth; or (e) 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 (f) a body corporate that is a subsidiary of: (i) a body referred to in paragraph (c), (d) or (e); 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 (g) a person holding, or performing the duties of, an office established by or under, or an appointment made under, a law of the Commonwealth, other than: (i) a person who, by virtue of holding that office, is the Secretary of a Department; or (ii) the Administrator of the Northern Territory or the Administrator of Norfolk Island; or (h) 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: (i) a court or a tribunal; or (j) the Australian Capital Territory, the Northern Territory or the Administration of Norfolk Island; or (k) 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) an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976; (iii) the Wreck Bay Aboriginal Community Council established under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986; "Commonwealth area" has the meaning given in section 5; "conservation agreement" means an agreement entered into under section 51; "continental shelf of Australia" has the same meaning as in the Seas and Submerged Lands Act 1973 ; "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; "Department" has the same meaning as in the Public Service Act 1922; "Director" means the Director of National Parks and Wildlife; "ecological community" means an integrated assemblage of native species that: (a) inhabits a particular area in nature; and (b) meets the additional criteria specified in the regulations made for the purposes of this definition; "endangered" has the meaning given in section 6; "governmental approval" means an approval, permission, authorisation, licence, recommendation or other similar decision that is or may be given or made by a Commonwealth agency; "Federal Court" means the Federal Court of Australia; "habitat" means an area: (a) in which an organism, or a group of organisms, lives; or (b) in which an organism, or a group of organisms, has lived and into which the organism or group has the potential to be reintroduced; "impact assessment conservation order" means an impact assessment conservation order made under section 79; "interest", in relation to a Commonwealth area, has the meaning given in section 9; "interim conservation order" means an interim conservation order made under section 57; "key threatening process" means a threatening process specified in Schedule 3; "list" means a list set out in Schedule 1, 2 or 3 and includes such a list containing no items; "listed ecological community" means an ecological community specified in Schedule 2; "listed native species" means a species specified in Schedule 1; "native species" means a species: (a) that is indigenous to Australia; or (b) that is indigenous to the Australian coastal sea or to the seabed or subsoil beneath that sea; or (c) that is indigenous to the continental shelf of Australia; or (d) that is indigenous to the Australian fishing zone; or (e) members of which periodically or occasionally visit: (i) Australia; or (ii) the Australian coastal sea; or (iii) the Australian fishing zone; or (f) that was present in Australia before 1400; "non-native species" means a species that is not a native species; "permanent conservation order" means a permanent conservation order made under section 68; "permit" means a permit issued under section 89; "person" includes: (a) a body politic or corporate as well as an individual; and (b) a Commonwealth agency, whether or not the Commonwealth agency has the capacity to sue and be sued in its own name; "plan" means a recovery plan or a threat abatement plan; "presumed extinct" has the meaning given in section 8; "principles of ecologically sustainable development" means, if the regulations specify principles for the purpose of this definition, the principles so specified; "recovery plan" means a plan of a kind referred to in section 31 that has been: (a) prepared under Division 2 of Part 3; or (b) adopted by the Minister under section 46; "Scientific Subcommittee" means the Endangered Species Scientific Subcommittee established by section 158; "Secretary" has the same meaning as in the Public Service Act 1922; "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 (d) a distinct population of such biological entities, being a distinct population that the Minister determines in writing to be a species for the purposes of this definition; Note: Determinations under paragraph (d) are disallowable instruments (see section 10). "staff member", in relation to the ANPWS, means a person who is one of the persons who constitute the ANPWS within the meaning of section 34 of the National Parks and Wildlife Conservation Act 1975; "State agency" means: (a) a Minister of a State; or (b) a Department of a State; or (c) a body (whether incorporated or unincorporated) established for a public purpose by a law of a State; or (d) a body established or appointed by the Governor of a State, or by a Minister of a State, otherwise than by or under a law of the State; or (e) 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 a State; or (f) a body corporate that is a subsidiary of: (i) a body referred to in paragraph (c), (d) or (e); or (ii) a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a State agency for the purposes of this definition; or (g) a person holding, or performing the duties of, an office established by or under, or an appointment made under, a law of a State, other than a person who, by virtue of holding that office, is the Secretary (by whatever name called) of a Department of a State; or (h) a person holding, or performing the duties of, an appointment made by the Governor of a State, or by a Minister of a State, otherwise than under a law of the State; but does not include a court or a tribunal; "subsidiary" has the meaning given in subsection (2); "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; "this Act" includes the regulations; "threat abatement plan" means a plan of a kind referred to in section 33 that has been: (a) prepared under Division 2 of Part 3; or (b) adopted by the Minister under section 46; "threatening process" means a process that threatens, or may threaten, the survival, abundance or evolutionary development of a native species or ecological community; "vulnerable" has the meaning given in section 7. Note: Section 118 contains further definitions of words and expressions used in Division 2 of Part 7. (2) The question whether a body corporate is a subsidiary of an authority or body is to be determined in the same way as the question whether a body corporate is a subsidiary of another body corporate is determined for the purposes of the Corporations Law. (3) A reference in this Act to an offence against, or a contravention of, this Act includes a reference to an offence against, or a contravention of, section 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 that relates to this Act. (4) A reference in this Act to a conviction of a person of an offence includes a reference to making an order under section 19B of the Crimes Act 1914 in relation to the person in respect of the offence.