New South Wales Consolidated Regulations

MARINE PARKS (ZONING PLANS) REGULATION 1999 - REG 1.3

1.3 Definitions

(1) In this Regulation:
"aquaculture" has the same meaning as in section 142 of the Fisheries Management Act 1994 .
"bait" means any animal or plant, or part of any animal or plant, rigged on a fishing hook but does not include an artificial lure or artificial fly.
"clean" a fish includes to remove or discard part of a fish.
"commercial fisher" has the same meaning as in the Fisheries Management Act 1994 .
"commercial fishing" means taking, or attempting to take, fish for sale.
"domesticated animal" includes a pet.
"exotic animal", in relation to a marine park, means any living animal that is not indigenous to the marine park.
"exotic plant", in relation to a marine park, means any plant (whether or not living) that is not indigenous to the marine park, but does not include food for human consumption.
"fish" has the same meaning as in section 5 of the Fisheries Management Act 1994 .

Note: Under the Fisheries Management Act 1994 , "fish" means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead), including oysters and other aquatic molluscs, crustaceans, echinoderms, beachworms and other aquatic polychaetes.

"general use zone" means an area in a marine park that is classified by the zoning plan for the marine park as a general use zone.
"habitat" means any area occupied, or periodically or occasionally occupied, by animals or plants (or both), and includes any biotic or abiotic component.
"habitat protection zone" means an area in a marine park that is classified by the zoning plan for the marine park as a habitat protection zone.
"harm" means:

(a) in the case of any animal-take, interfere with, injure or otherwise harm the animal, or

(b) in the case of a plant-gather, cut, pull up, destroy, poison, dig up, remove, injure or otherwise harm the plant (or any part of it).

"moor" a vessel includes attach the vessel to a mooring by any means.
"mooring" means any post, stake, pile, float, pontoon or any other object (other than a vessel’s anchor that is retrieved by the vessel when not in use) secured by any direct or indirect means to the waters’ bed for the purpose of attaching a vessel to the bed.
"permit" means a permit under Part 2 of the Marine Parks Regulation 2009 .
"personal watercraft" means a power-driven vessel that:

(a) has a fully enclosed hull, and

(b) does not retain water taken on if it capsizes, and

(c) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel.

"recreational fishing" means taking, or attempting to take, fish otherwise than for sale.
"sanctuary zone" means an area in a marine park that is classified by the zoning plan for the marine park as a sanctuary zone.
"set line" has the same meaning as it has in the Fisheries Management (General) Regulation 2002 .
"special purpose zone" means an area in a marine park that is classified by the zoning plan for the marine park as a special purpose zone.
"take" an animal includes:

(a) catch, capture or kill an animal, or

(b) gather or collect an animal, or

(c) remove an animal from any rock or other matter.

"the Act" means the Marine Parks Act 1997 .
"traditional use" means a use that satisfies personal, domestic or non-commercial communal needs of Aboriginal people.
"vessel" has the same meaning as it has in the Marine Safety Act 1998 .
"zoning plan" means a zoning plan for a marine park, as set out in Parts 2-7.

Certain words and terms used in this Regulation are defined in the Act and accordingly have the same meaning as in the Act. These include the following:
"animal" means any animal-life (other than human), whether vertebrate or invertebrate and in any stage of biological development, and includes a dead animal.
"plant" means any plant-life, whether vascular or non-vascular and in any stage of biological development, and includes fungi, lichens and dead plants.

(2) For the purposes of Parts 2-7, a zone of a marine park does not adjoin another zone of the marine park if the zone only has a single corner point on its boundary that is common to the boundary of the other zone.

(3) Notes included in this Regulation do not form part of this Regulation.