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NATURE CONSERVATION ACT 2002 - SECT 33 Interpretation of Part

NATURE CONSERVATION ACT 2002 - SECT 33

PART 5 - Conservation Covenants Division 1 - Interpretation of Part Interpretation of Part

In this Part, unless the contrary intention appears –
affected owner means an owner of land in respect of which, under section 19(1) of the Forest Practices Act 1985 , an application to the Forest Practices Authority for the certification of a forest practices plan –
(a) has been approved subject to amendments, which have been agreed to by the applicant, made for the purpose of protecting a threatened species or protecting a threatened native vegetation community from clearance and conversion; or
(b) has been approved subject to amendments made for the purpose of protecting a threatened species or protecting a threatened native vegetation community from clearance and conversion, and where an appeal under section 25(1) of that Act in respect of those amendments has been wholly or partially dismissed; or
(c) has been refused wholly or partially on the ground that implementation of the forest practices plan would threaten a threatened species or involve the clearance and conversion of a threatened native vegetation community, and where an appeal under section 25(1) of that Act in respect of that refusal has been wholly or partially dismissed;
arbitrator means an arbitral tribunal within the meaning of the Commercial Arbitration Act 2011 and includes a person nominated by the Tasmanian Civil and Administrative Tribunal for the purpose of arbitrating disputes under this Part;
authorised person means a person authorised by the Minister under section 45(1) ;
conservation compensation committee means a special advisory committee established by the Minister under section 9 for the purpose of assessing the amount of compensation that is to be paid to landowners under Division 4 ;
conservation covenant means –
(a) a conservation covenant entered into under this Part; and
(b) a variation of a conservation covenant;
conservation determination means a determination made by the Forest Practices Authority under section 19 of the Forest Practices Act 1985 to –
(a) certify a forest practices plan subject to amendments made for the purpose of protecting a threatened species or maintaining a threatened native vegetation community; or
(b) refuse to certify a forest practices plan application wholly or partially on the ground that implementation of the proposed forest practices plan would threaten a threatened species or involve the clearance and conversion of a threatened native vegetation community;
Forest Practices Authority means the body referred to in section 4AA of the Forest Practices Act 1985 ;
Forest Practices Code means the code of that name issued under section 30 of the Forest Practices Act 1985 ;
forest practices plan has the same meaning as in the Forest Practices Act 1985 ;
landowner or owner of land means any one or more of the following:
(a) in the case of a fee simple estate in land, the person in whom that estate vested;
(b) in the case of land that is not registered under the Land Titles Act 1980 and is subject to a mortgage, the person having the equity of redemption in that mortgage, for the time being;
(c) in the case of land held under a tenancy for life, the person who is the life tenant;
(d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than any other prescribed period, the person who is the lessee of the land;
(e) in the case of land held under any other prescribed interest, the person who is the holder of the land under that interest;
registered means registered under the Land Titles Act 1980 ;
relevant conservation determination , in relation to a landowner, means the conservation determination that makes the landowner an affected owner;
servient land , in relation to a conservation covenant entered into between the Minister and a landowner, means the land of the landowner that is subject to the covenant;
taxon means a taxonomic group of any rank into which organisms are categorised;
threatened native vegetation community means a community of native vegetation specified in Schedule 3A ;
threatened species means a taxon of flora or fauna that is listed in Schedule 3 , 4 or 5 to the Threatened Species Protection Act 1995 .