Interpretation

In force

(1)

In this Act—

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

associate—see subsection (2);

authorised officer means a person appointed under Part

4Division 3;

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

Chief Executive means the Chief Executive of the

Department and includes a person for the time being acting in that position;

coastal waters of the State means any part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State

Powers) Act 1980 of the Commonwealth;

condition includes a limitation;

contravene includes fail to comply with;

Council means the Parks and Wilderness Council established under the National Parks and

Wildlife Act 1972;

council means a council within the meaning of the Local Government

Act 1999;

Department means the administrative unit of the

Public Service that is, under the Minister, responsible for the administration of this Act;

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

Part

harm—see subsection (4);

indigenous land use agreement means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act

1993 of the Commonwealth;

land includes air above land;

management plan means a management plan under

Part

3Division 2;

marine park means an area established as a marine park under Part

3Division 1;

permit means a permit under

Part

3Division 4;

place includes any land, water, premises or structure;

prohibiting or restricting an activity—see subsection (5);

protection order means a protection order under

Part

6Division 1;

public authority includes a Minister, statutory authority or council;

related operational Act means an Act declared by the regulations to be a related operational Act;

reparation order means a reparation order under

Part

6Division 1;

restrict includes regulate;

sea includes land beneath sea and air above sea;

special purpose area—see section 5;

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

statutory authorisation means an approval, consent, licence, permit or other authorisation or entitlement granted, arising or required under an Act;

statutory instrument means—

(a)

a plan, program or policy; or

(b)

any other instrument of a prescribed kind, made under an Act;

taking action to make good harm—see subsection (6);

vehicle includes aircraft;

vessel means—

(a)

a ship, boat or vessel; or

(b)

an air-cushion vehicle, or other similar craft, used on water;

(c)

a surf board, wind surf board, motorised jet ski, water skis or other similar device on which a person rides through water; or

(d)

a structure that is designed to float in water;

waters includes land beneath waters and air above waters;

zone—see section 4.

(2)

For the purposes of this Act, a person is an

associate of another if—

(a)

they are partners; or

(b)

1 is a spouse, domestic partner, parent or child of another;

(c)

they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or

(d)

1 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)

1 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 1 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)

For the purposes of this Act—

(a)

harm includes—

(i)

a risk of harm, and future harm; and

(ii)

anything declared by regulation to be harm to a marine park;

and

(b)

harm need not be permanent but must be more than transient or tenuous in nature.

(5)

For the purposes of this Act, a reference to prohibiting or restricting an activity within a marine park, or a zone or other area of a marine park, includes a reference to prohibiting or restricting access (including access by aircraft) to the marine park or zone or area.

(6)

For the purposes of this Act, taking action to make good harm to a marine park includes taking the following action:

(a)

minimising, managing or containing the harm;

(b)

remedying the harm;

(c)

addressing the consequences resulting from the harm;

(d)

compensating for any loss or adverse impacts arising from the harm.

(7)

For the purposes of this Act, the Minister may, in assessing the costs of taking action to make good harm to a marine park, apply any assumptions determined by the Minister to be reasonable in the circumstances.

Regulations

This provision refers to the regulations (declared by the regulations). Made under this Act:

Marine Parks Proclamation 2009 · Regulation
Marine Parks Regulations 2023

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3 Interpretation