"biodiversity certification" means biodiversity certification conferred on
land under Part 8 and
"biodiversity certified land" means land on which biodiversity certification
has been conferred and is in force under Part 8.
"harm" an animal includes kill, injure or capture the animal, but does not
include harm by changing the habitat of the animal, and
"attempt to harm" an animal includes hunting or pursuing, or using anything,
for the purpose of harming the animal.
"landholder" means a person who is the owner of land or who, whether by reason
of ownership or otherwise, is in lawful occupation or possession, or has
lawful management or control, of land.
"marine vegetation" means mangroves, seagrasses or any other species of plant
that at any time in its life cycle must inhabit water (other than fresh
water).
"native vegetation legislation" means any of the following provisions and any
regulations or other instruments or requirements issued or made under those
provisions--
(a) every person who, either at law or in equity--
(i) is entitled to the land for any estate of freehold in possession, or
(ii)
is a person to whom the Crown has lawfully contracted to sell the land under
the Crown Land Management Act 2016 or any other Act relating to the
alienation of lands of the Crown, or
(iii) is entitled to receive, or is in
receipt of, or if the land were let to a tenant would be entitled to receive,
the rents and profits in respect of the land, whether as beneficial owner,
trustee, mortgagee in possession or otherwise, and
(c) any other person
who, under the regulations, is taken to be the owner of the land,
but (unless
the regulations otherwise provide) does not include a beneficiary of a trust
relating to the land.
"pick" a plant includes gather, take, cut, remove from the ground, destroy,
poison, crush or injure the plant or any part of the plant.
"plant" means any plant, whether vascular or non-vascular and in any stage of
biological development, and includes fungi and lichens, but does not include
marine vegetation.
"private land conservation agreement" means a
biodiversity stewardship agreement, a conservation agreement or a wildlife
refuge agreement under Part 5.
"protected animal" means an animal of a species listed or referred to in
Schedule 5.
"public authority" means any public or local authority constituted by or under
an Act, a Public Service agency, a NSW Government agency or a State owned
corporation, and includes a person exercising any function on behalf of the
authority, agency or corporation and any person or body declared by the
regulations to be a public authority.
"species" includes--
(a) a defined subspecies, and
(b) a taxon below a
subspecies, and
(c) a recognisable variant of a subspecies or taxon, and
(d)
a population of a particular species (being a group of organisms, all of the
same species, occupying a particular area).
"threatening process" means a process that threatens, or that may threaten,
the survival or evolutionary development of species or ecological communities.
"Tier 1" ,
"Tier 2" ,
"Tier 3" ,
"Tier 4" or
"Tier 5 monetary penalty" , in relation to an offence, indicates the maximum
monetary penalty that a court may impose for the offence--see section 13.1 for
the relevant maximum amounts.
(2) In this Act, a reference to a person entitled to
the benefit of a covenant includes, in the case of a covenant imposed under
section 88D or 88E of the Conveyancing Act 1919 , a reference to a prescribed
authority (within the meaning of those sections) or a person entitled to
exercise, on behalf of the Crown, the functions of a prescribed authority
under those sections.
(3) Notes included in this Act do not form part of this
Act.