Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 3

Definitions

3. Definitions



(1) In this Act-



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amendment includes addition, deletion or substitution;

authorised officer means an officer appointed under Part 9 of the
Conservation, Forests and Lands Act 1987 to be an authorised officer for the
purposes of this Act;

Catchment Management Authority means a Catchment Management Authority
established under Part 2 of the Catchment and Land Protection Act 1994;

Committee means the Scientific Advisory Committee established under section 8;

community means a type of assemblage which is or which is wholly or
substantially made up of taxa of flora or fauna existing together in the wild;

Conservation Advisory Committee means the committee established under the
Conservation, Forests and Lands Act 1987 and known as the Conservation
Advisory Committee; Department means the Department of Sustainability and
Environment;





development includes-

   (a)  the construction or exterior alteration of a building or other
        structure; and

   (b)  the demolition or removal of a building or other structure or works;
        and

   (c)  the construction or carrying out of works; and

   (d)  the subdivision or consolidation of land; and

   (e)  the placing or relocation of a building or other structure or works on
        land;

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Excluded List means the list made under section 5(1);



fauna means any animal-life which is indigenous to Victoria whether vertebrate
or invertebrate and in any stage of biological development and includes fish
and any other living thing generally classified as fauna but does not include
humans;

fish has the same meaning as in the Fisheries Act 1995;



flora means any plant-life which is indigenous to Victoria whether vascular or
non-vascular and in any stage of biological development and includes any other
living thing generally classified as flora;

keep in relation to flora or fauna, means to have charge or possession of in
captivity or in a domesticated state;

land includes-

   (a)  buildings and other structures permanently fixed to land; and

   (b)  land covered with water; and

   (c)  any estate, interest, easement, servitude, privilege or right in or
        over land;

landholder-

   (a)  in relation to land which has been alienated from the Crown and is
        under the operation of the Transfer of Land Act 1958 (other than land
        in an identified folio under that Act), means the person who is
        registered as a proprietor, or the persons who are registered as the
        proprietors, of an estate in fee simple in the land; and

   (b)  in relation to land which has been alienated from the Crown and is
        land in an identified folio under the Transfer of Land Act 1958 or
        land not under the operation of the Transfer of Land Act 1958, means
        the person who is the owner or the persons who are the owners of the
        fee or equity of redemption; and

   (c)  in relation to Crown land which is occupied under a lease, licence or
        other right, means the occupier under that lease, licence or right;
        and

   (d)  in relation to Crown land which is managed or controlled by a public
        authority (other than the Minister administering this Act) means the
        public authority or Minister that manages or controls the land; and

   (e)  in relation to land, whether or not alienated by the Crown, means a
        person who, whether alone or with others, is in occupation or
        possession, or has the management or control, of land, and includes
        the agent of such a person;

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planning scheme means a planning scheme made or having effect under the
Planning and Environment Act 1987;

potentially threatening process means a process which may have the capability
to threaten the survival, abundance or evolutionary development of any taxon
or community of flora or fauna;

Processes List means the list made under section 10(2);



protected flora means-

   (a)  any flora which is declared to be protected by Order of the Governor
        in Council published in the Government Gazette; and

   (b)  any flora which is a part or member of a listed taxon or community;

public authority means a body established for a public purpose by or under any
Act;

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Secretary means the body corporate established by Part 2 of the
Conservation, Forests and Lands Act 1987;

take in relation to flora or fauna, means to kill, injure, disturb or collect
flora;

taxon means a taxonomic group of any rank into which organisms are
categorised;

Threatened List means the list made under section 10(1);



trade includes-

   (a)  to buy, to agree to receive or accept under an agreement to buy, to
        acquire by barter, or to cause or suffer any of those things; and

   (b)  to sell, to agree to offer or expose for sale or to keep and have in
        one's possession for sale, to deliver or receive for sale, to dispose
        of by barter for the purposes of gain or advancement or to cause or
        suffer any of those things;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

use in relation to land includes use or proposed use for the purpose for which
the land has been or is being or may be developed;

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Victorian Catchment Management Council means the Victorian Catchment
Management Council established under Part 2 of the
Catchment and Land Protection Act 1994;

water manager means a person who manages or controls water;

wild means in an independent unpossessed or natural state and not in an
intentionally cultivated or domesticated or captive state, regardless of the
location or land tenure;

works in relation to land includes any change to the natural or existing
condition or topography of the land including the removal, destruction or
lopping of trees and the removal of vegetation or topsoil.

(2) In this Act a reference to a landholder's land includes a reference to
land occupied, managed or controlled by the landholder.

(3) If under the Public Administration Act 2004 the name of the Department of
Sustainability and Environment is changed, a reference in the definition of
Department in subsection (1) to that Department must, from the date when the
name is changed, be treated as a reference to the Department by its new name.