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ADELAIDE DOLPHIN SANCTUARY ACT 2005 - SECT 3

ADELAIDE DOLPHIN SANCTUARY ACT 2005 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"activity" includes the storage or possession of anything (including something in liquid or gaseous form);

"ADS Fund" means the Adelaide Dolphin Sanctuary Fund established under Part 3 Division 4;

"ADS Management Plan" means the Adelaide Dolphin Sanctuary Management Plan adopted under Part 3 Division 2;

"associate"—see subsection (2);

"authorised officer"—see section 28;

"business" includes a business not carried on for profit or gain;

"business day" means any day except—

            (a)         a Saturday, Sunday or public holiday; or

            (b)         a day which falls between 25 December and 1 January in the following year;

"council" means a council within the meaning of the Local Government Act 1999 ;

"domestic activity" means an activity other than an activity undertaken in the course of a business;

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

"ERD Court" means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993 ;

"general duty of care" means the duty under section 32;

"implementation program"—see section 26(2)(c);

"Parks and Wilderness Council" means the Parks and Wilderness Council established under the National Parks and Wildlife Act 1972 ;

"place" includes any land, water, premises or structure;

"public authority" includes a Minister, statutory authority or council;

"public notice" means a notice published in a newspaper circulating generally throughout the State;

"related operational Act"—see section 5;

"Sanctuary" means the Adelaide Dolphin Sanctuary established under section 10;

"spouse"—a person is the spouse of another if they are legally married;

"statutory authorisation" means an approval, consent, licence, permit or other authorisation granted or required under a related operational Act;

"statutory instrument" means—

            (a)         a plan, program or policy; or

            (b)         any other instrument of a prescribed kind,

prepared pursuant to the provisions of an Act;

"vehicle" includes any—

            (a)         vessel or craft;

            (b)         plant or equipment designed to be moved or operated by a driver.

        (2)         For the purposes of this Act, a person is an "associate" of another if—

            (a)         they are partners; or

            (b)         one is a spouse, domestic partner, parent or child of another; or

            (c)         they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

            (d)         one is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or

            (e)         one is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5 per cent or more of the share capital of the body corporate or other entity; or

            (f)         they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or

            (g)         a chain of relationships can be traced between them under any one or more of the above paragraphs.

        (3)         For the purposes of subsection (2), a "beneficiary" of a trust includes an object of a discretionary trust.

        (4)         A reference in this Act to the costs of any damage to the Sanctuary will be taken to include a reference to any costs associated with—

            (a)         minimising, managing or containing any such damage; or

            (b)         remedying any such damage; or

            (c)         addressing any consequences resulting from any such damage; or

            (d)         compensating for any loss or adverse impacts arising from any such damage.

        (5)         For the purposes of this or any other Act, the Minister may, in assessing the costs or extent of any damage to the Sanctuary, apply any assumptions determined by the Minister to be reasonable in the circumstances.