MARINE AND COASTAL ACT 2018 (NO. 26 OF 2018) - SECT 3 Definitions

MARINE AND COASTAL ACT 2018 (NO. 26 OF 2018) - SECT 3

In this Act—

"applicable Act" means—

        (a)     the Catchment and Land Protection Act 1994 ; or

        (b)     the Crown Land (Reserves) Act 1978 ; or

        (c)     the Environment Protection Act 1970 ; or

        (d)     the Fisheries Act 1995 ; or

        (e)     the Flora and Fauna Guarantee Act 1988 ; or

        (f)     the Forests Act 1958 ; or

        (g)     the Geothermal Energy Resources Act 2005 ; or

        (h)     the Greenhouse Gas Geological Sequestration Act 2008 ; or

              (i)     the Heritage Act 2017 ; or

        (j)     the Land Act 1958 ; or

        (k)     the Marine (Drug, Alcohol and Pollution Control) Act 1988 ; or

        (l)     the Marine Safety Act 2010 ; or

        (m)     the Mineral Resources (Sustainable Development) Act 1990 ; or

        (n)     the National Parks Act 1975 ; or

        (o)     the Offshore Petroleum and Greenhouse Gas Storage Act 2010 ; or

        (p)     the Petroleum Act 1998 ; or

        (q)     the Pipelines Act 2005 ; or

        (r)     the Planning and Environment Act 1987 ; or

        (s)     the Pollution of Waters by Oil and Noxious Substances Act 1986 ; or

        (t)     the Port Management Act 1995 ; or

        (u)     the Transport Integration Act 2010 ; or

              (v)     the Underseas Mineral Resources Act 1963 ; or

        (w)     the Water Act 1989 ; or

              (x)     the Wildlife Act 1975 ;

"authorised officer" has the same meaning as in the  Conservation, Forests and Lands Act 1987 ;

"Catchment Management Authority" has the same meaning as Authority has in the Catchment and Land Protection Act 1994 ;

"coastal and marine management plan" means a plan made under Division 1 of Part 7;

"coastal Catchment Management Authority" means a Catchment Management Authority whose waterway management district, in whole or in part, overlaps with or abuts the marine and coastal environment;

Commissioner for Environmental Sustainability has the same meaning as Commissioner has in section 8 of the Commissioner for Environmental Sustainability Act 2003 ;

"consent" means—

        (a)     a consent given in a coastal and marine management plan under section 62 ; or

        (b)     a consent given under section 70; or

        (c)     a prescribed consent;

Council means the Marine and Coastal Council established under Part 3;

"Crown land" means land which is, or is taken to be, unalienated land of the Crown and includes—

        (a)     land of the Crown reserved permanently or temporarily or set aside by or under an Act; and

        (b)     land of the Crown occupied by a person under a lease, licence or other right; and

        (c)     land of the Crown managed by a public authority or committee of management; and

        (d)     land of the Crown which is, or is part of, a park within the meaning of the National Parks Act 1975 ;

"Crown land manager "means a person or body responsible for the management of Crown land;

"Department" means the Department of Environment, Land, Water and Planning;

"development" has the same meaning as in the Planning and Environment Act 1987 ;

"environmental management plan" means a plan made under Division 2 of Part 6;

marine and coastal Crown land has the meaning given by section 4 ;

marine and coastal environment has the meaning given by section 5;

"Marine and Coastal Policy" means a Marine and Coastal Policy made under Division 1 of Part 4;

"Marine and Coastal Strategy" means a Marine and Coastal Strategy made under Division 2 of Part 4;

"marine environment" means the following between the outer limit of Victorian coastal waters and the high-water mark of the sea—

        (a)     the land (whether or not covered by water) to a depth of 200 metres below the surface of that land;

        (b)     any water covering the land referred to in paragraph (a) from time to time;

        (c)     the biodiversity associated with the land and water referred to in paragraphs (a) and (b);

"Melbourne Water Corporation" has the same meaning as in the Water Act 1989 ;

"municipal council" has the same meaning as Council has in the Local Government Act 1989 ;

"native title holder" has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;

"partner agency" means a government or non-government body that has an interest in or connection with the marine and coastal environment;

public authority means any body corporate or unincorporate established by or under an Act for a public purpose, but does not include a municipal council or a committee of management of reserved Crown land;

"regional and strategic partnership" means a regional and strategic partnership established under Division 1 of Part 6;

"regional catchment strategy" has the same meaning as in the Catchment and Land Protection Act 1994 ;

"registered Aboriginal party" has the same meaning as in the Aboriginal Heritage Act 2006 ;

"relevant coastal recommendation" means—

        (a)     a recommendation of the Victorian Environmental Assessment Council relating to or affecting marine and coastal Crown land that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001 ; or

        (b)     a recommendation of the Land Conservation Council relating to or affecting marine and coastal Crown land under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force), where the recommendation does not relate to land that is the subject of a recommendation to which paragraph (a) applies;

"sea" means the sea within the limits of Victoria and includes—

        (a)     a bay; and

        (b)     an inlet; and

        (c)     an estuary; and

        (d)     the Gippsland Lakes; and

        (e)     any waters within the ebb and flow of the tide, from time to time;

"Secretary" means the body corporate established by Division 1 of Part 2 of the Conservation, Forests and Lands Act 1987 ;

"specified Aboriginal party", in relation to an area, means any of the following—

        (a)     if there are native title holders for the whole or part of the area—the native title holders;

        (b)     if there is a traditional owner group entity appointed for the whole or part of the area and that traditional owner group entity is a party to a recognition and settlement agreement—the traditional owner group entity;

        (c)     if there is a registered Aboriginal party for the whole or part of the area—the registered Aboriginal party;

"State environment protection policy" has the same meaning as in the Environment Protection Act 1970 ;

"State of the Marine and Coastal Environment Report" means a State of the Marine and Coastal Environment Report made under Division 3 of Part 4;

"traditional owner group" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

"traditional owner group entity" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

use has the same meaning as in the Planning and Environment Act 1987 ;

Victorian coastal waters has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

"waterway management district" has the same meaning as in the Water Act 1989 ;

works has the same meaning as in the Planning and Environment Act 1987 .