"Aboriginal heritage impact permit" means a permit issued under Division 2 of
Part 6.
"Aboriginal object" means any deposit, object or material evidence (not being
a handicraft made for sale) relating to the Aboriginal habitation of the area
that comprises New South Wales, being habitation before or concurrent with (or
both) the occupation of that area by persons of non-Aboriginal extraction, and
includes Aboriginal remains.
"Aboriginal remains" means the body or the remains of the body of a deceased
Aboriginal person, but does not include--
(a) a body or the remains of a body
buried in a cemetery in which non-Aboriginal persons are also buried, or
(b)
a body or the remains of a body dealt with or to be dealt with in accordance
with a law of the State relating to medical treatment or the examination, for
forensic or other purposes, of the bodies of deceased persons.
"Act of 1967" means the National Parks and Wildlife Act 1967 .
"adaptive reuse" of a building or structure on land means the modification of
the building or structure and its curtilage to suit an existing or proposed
use, and that use of the building or structure, but only if--
(a) the
modification and use is carried out in a sustainable manner, and
(b) the
modification and use are not inconsistent with the conservation of the natural
and cultural values of the land, and
(c) in the case of a building or
structure of cultural significance, the modification is compatible with the
retention of the cultural significance of the building or structure.
"advisory committee" means an advisory committee constituted under this Act.
"amphibian" means any frog or other member of the class amphibia that is
native to Australia and includes the eggs and the young thereof and the skin
or any other part thereof.
"bird" means any bird that is native to, or is of a species that periodically
or occasionally migrates to, Australia, and includes the eggs and the young
thereof and the skin, feathers or any other part thereof.
"board of management" means a board of management established under Division 6
of Part 4A.
"commencement day" means the day appointed and notified under section 2 (2).
"community service" includes the supply, provision or maintenance of access
roads, parking areas or mooring areas, an electricity, gas or water service
and a sewerage or garbage disposal service.
"conservation agreement" means an agreement entered into under Division 12 of
Part 4.
(b) those parts of the seabed and of the waters
beneath which it is submerged that are within the territorial jurisdiction of
New South Wales and not within the Eastern Division described in the Second
Schedule to the Crown Lands Consolidation Act 1913 (as in force immediately
before its repeal).
"damage" in relation to habitat (including critical habitat) includes damage
by the removal or relocation of the habitat or a part of the habitat.
"emu" means any bird of the species Dromaius novaehollandiae.
"emu breeder" means a person who exercises or carries on the business of
breeding emus (including the rearing of emu chicks lawfully taken in the wild)
or dealing in live emus, whole emu eggs or other emu products.
"emu products" means products (such as eggs, meat, skin, feathers, claws and
oil) derived from emus or from the processing of emu carcases.
"karst environment" means an area of land, including subterranean land, that
has developed in soluble rock through the processes of solution, abrasion or
collapse, together with its associated bedrock, soil, water, gases and
biodiversity.
"lands of the Crown" means lands vested in a Minister of the Crown or in a
public authority.
"local council" means the council of a local government area.
"mammal" means any mammal, whether native, introduced or imported, and
includes an aquatic or amphibious mammal, the eggs and the young of a mammal,
and the skin or any other part of a mammal, but does not include any
introduced or imported domestic mammal or any rat or mouse not native to
Australia.
"management principles" , in relation to land reserved under this Act, means
the management principles set out in Division 2 of Part 4 for the land.
"marine mammal" means all animals of the orders of Cetacea, Sirenia and
Pinnipedia.
"minerals" includes coal, shale and petroleum.
"modified natural area" means an area of land where the native vegetation
cover has been substantially modified or removed by human activity (other than
activity relating to bush fire management or wild fire) and that is identified
in a plan of management as not being appropriate for or capable of
restoration.
"motor vehicle" means a motor car, motor carriage, motor cycle or other
apparatus propelled on land, snow or ice wholly or partly by volatile spirit,
steam, gas, oil or electricity.
"native plant" means any tree, shrub, fern, creeper, vine, palm or plant that
is native to Australia, and includes the flower and any other part thereof.
(c) is entitled to receive, or is in receipt of, or if the lands were let to a
tenant would be entitled to receive, the rents and profits thereof, whether as
beneficial owner, trustee, mortgagee in possession or otherwise.
(i)
from which a bullet, shot or other hurtful thing or material may be
discharged, whether by an explosive or by any other means whatever, or
(ii)
that is designed to be used to discharge, whether by an explosive or by any
other means whatever, a dart or other thing or material containing, coated or
impregnated with a drug or other substance, for the purpose of tranquillising
or immobilising an animal by means of the administration to the animal of the
drug or other substance,
and any telescopic sight, silencer or other accessory
attached to the gun, rifle, weapon or article,
(b) any other weapon
prescribed for the purposes of this paragraph, and
(c) an article or device
that, but for the absence of, or a defect in, some part thereof, or some
obstruction therein, would be a gun, rifle, weapon or article referred to in
paragraph (a) or a weapon prescribed for the purposes of paragraph (b).
"prospect" means search for any mineral by any means and carry out such works
and remove such samples as may be necessary to test the mineral bearing
qualities of land.
"protected native plant" means a native plant of a species named or referred
to in Schedule 13.
"public authority" means a public or local authority constituted by or under
an Act, a Public Service agency or a statutory body representing the Crown.
"reptile" means a snake, lizard, crocodile, tortoise, turtle or other member
of the class reptilia (whether native, introduced or imported), and includes
the eggs and the young thereof and the skin or any other part thereof.
"skin" , in relation to fauna, means the whole or part of the integument of
any fauna, whether dressed or tanned or otherwise processed, but does not
include any manufactured article.
"skin dealer" means a person who exercises or carries on--
(b) the business of tanning the skins of protected fauna, whether or not the
person tans other skins,
or both, and whether on the person's own behalf or on
behalf of any other person, and whether or not the person exercises or carries
on any other business.
"threatened species, populations and ecological communities" and
"threatened species, population or ecological community" have the same
meanings as in the Threatened Species Conservation Act 1995 .
(a) a boat or other object that, while floating on water
or submerged, whether wholly or partly, under water, is wholly or partly used
for the conveyance of persons or things,
(b) an apparatus that, while
propelled, or directed or controlled, in the air by human or mechanical power
or by the wind, is wholly or partly used for the conveyance of persons or
things,
"world heritage property" means property of outstanding universal value that
is inscribed on the World Heritage List under Article 11 of the Convention for
the Protection of the World Cultural and Natural Heritage done at Paris on 23
November 1972, as in force in Australia.
"world heritage values" means natural, heritage and cultural values contained
in a world heritage property that are of outstanding universal value as
described by the Convention for the Protection of the World Cultural and
Natural Heritage done at Paris on 23 November 1972, as in force in Australia.
(2A) In this Act, a reference to a person convicted of
an offence includes a reference to a person in respect of whom an order under
section 10 of the Crimes (Sentencing Procedure) Act 1999 is made after the
commencement of this subsection.
(5) In this Act, a reference to sustainable
visitor or tourist use and enjoyment includes a reference to appropriate
public recreation.
(6) Nothing in this Act shall be construed as operating to
affect the law from time to time in force with respect to the navigation of
the waters referred to in paragraph (b) of the definition of
"Crown lands" in subsection (1).
(7) Before a regulation is made under
paragraph (c) or (g) of the definition of
"harm" in subsection (1), the Minister is required to ensure, as far as is
reasonably practicable, that--
(a) a notice is to be published in a daily
newspaper circulating throughout New South Wales--
(i) stating the objects of
the proposed regulation, and
(ii) advising where a copy of the regulation may
be obtained or inspected, and
(iii) inviting comments and submissions within
a specified time, but not less than 28 days from publication of the notice,
and
(b) consultation is to take place with the Aboriginal Cultural Heritage
Advisory Committee, and
(c) all the comments and submissions received are to
be appropriately considered.
