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THREATENED SPECIES PROTECTION ACT 1995 - SECT 3 Interpretation

THREATENED SPECIES PROTECTION ACT 1995 - SECT 3

Interpretation

(1)  In this Act, unless the contrary intention appears –
authorised officer means a ranger appointed under the Nature Conservation Act 2002 or under the National Parks and Reserves Management Act 2002 ;
business day means a day that is not –
(a) a Saturday or a Sunday; or
(b) a public holiday or a statutory holiday as defined in the Statutory Holidays Act 2000 in the place concerned;
certified forest practices plan means a certified forest practices plan within the meaning of the Forest Practices Act 1985 ;
compensation means a payment of compensation made by the Minister to a landholder under Part 5 ;
contravene includes fail to comply with;
CRC means the Community Review Committee established under section 9 ;
critical habitat means an area of land defined on a map under section 23 which the Secretary determines as a critical habitat of a listed taxon of flora or fauna;
Crown land means land that is vested in the Crown and is not contracted to be granted in fee simple and includes land granted in fee simple that has revested in the Crown by way of purchase or otherwise;
fauna includes any taxon of fauna, whether vertebrate or invertebrate, in any stage of biological development and includes eggs and any part of any such taxon;
flora includes any taxon of plant, whether vascular or non-vascular, in any stage of biological development and any part of any such taxon;
function includes duty;
habitat means the area, locality, site or particular type of environment occupied by any taxon of flora or fauna or any part of any such area, locality, site or type of environment;
interim protection order means an interim protection order made under section 32 ;
keep means to have charge or possession of any flora or fauna;
land includes land covered by the sea or other waters and any part of the sea or waters covering that land;
land management agreement means an agreement made and in force under section 30 for any purpose arising from a land management plan;
land management plan means a land management plan made and in force under section 29 ;
landholder means –
(a) the person who is registered as proprietor of an estate in fee simple in land under the Land Titles Act 1980 ; or
(b) the owner of the fee or equity of redemption in land that has been alienated from the Crown and is not subject to the Land Titles Act 1980 ; or
(c) the occupier of Crown land which he or she occupies under a lease, licence or other right; or
(d) in the case of Crown land that is managed or controlled by a public authority, the public authority or the Minister who manages or controls the land –
and includes a person who, whether alone or with others, is in occupation or possession, or has the management or control, of any land and also includes the agent of any such person;
listed taxon means a taxon of flora or fauna that is listed in Schedule 3 , 4 or 5 ;
native flora and fauna means flora and fauna naturally occurring in Tasmania and includes –
(a) migrants; and
(b) any vagrant, or hybrid, that the SAC determines to be suitable for inclusion as native flora or fauna;
permit means a permit in force under this Act;
private land means any land that is not Crown land;
public authority means –
(a) any council; or
(b) any other body corporate established by an enactment having jurisdiction limited to a district, locality or part of Tasmania; or
(c) any body corporate established under an enactment or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of Tasmania;
public authority management agreement means an agreement made under section 31 ;
public notification means publication in the Gazette and in each newspaper circulating generally in Tasmania;
recovery plan means a recovery plan made under section 25 for any species of flora or fauna which is under threat of extinction;
SAC means the Scientific Advisory Committee established under section 8 ;
Secretary means the Secretary of the Department;
species means a population or group of individual flora or fauna which interbreed to produce fertile offspring or which possess common characteristics derived from a common gene pool;
survival means the continued existence of viable populations of a taxon in the wild;
take includes kill, injure, catch, damage, destroy and collect;
taxon means a taxonomic group of any rank into which organisms are categorised;
threat abatement plan means a threat abatement plan made and in force under section 27 ;
threatened species means a taxon of flora or fauna that is listed in Schedule 3 , 4 or 5 ;
threatening process means any action which poses a threat to the natural survival of any native taxon of flora or fauna;
wild means in an independent, unpossessed or natural state and not in an intentionally cultivated, domesticated or captive state, regardless of the location or land tenure.
(2)  In this Act, a reference to a landholder's land includes a reference to land occupied, managed or controlled by the landholder.