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s 181

Terms used

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Part 10Fauna and flora
Division 3Taking or disturbance by Aboriginal people

181 Terms used

In this Division —

Aboriginal customary purpose means —

(a)

preparing or consuming food customarily eaten by Aboriginal persons; or

(b)

preparing or using medicine customarily used by Aboriginal persons; or

(c)

engaging in artistic, ceremonial or other cultural activities customarily engaged in by Aboriginal persons; or

(d)

engaging in activities incidental to a purpose stated in paragraph (a), (b) or (c);

Aboriginal person means a person wholly or partly descended from the original inhabitants of Australia;

CALM Act land means —

(a)

land, or land and waters, listed in the CALM Act section 5; and

(b)

land that, under the CALM Act section 8C, is under the management of the CEO; and

(c)

land to which the CALM Act section 131 applies;

exclusive native title, in relation to an area of land or waters, means native title rights and interests (as defined in the NT Act section 223) —

(a)

that exist in relation to the area, whether or not they have been determined under the NT Act to exist; and

(b)

that confer possession, occupation, use and enjoyment of the area on the holders of the native title rights and interests to the exclusion of all others;

exclusive native title holder, for an area in relation to which exclusive native title exists, means —

(a)

the registered native title body corporate (as defined in the NT Act section 253) in respect of the native title rights and interests concerned; or

(b)

if there is no such body corporate, each person who holds the native title rights and interests concerned or a person acting with the authority of each such person;

NT Act means the Native Title Act 1993 (Commonwealth).

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Section 181 — Terms used — Biodiversity Conservation Act 2016 (Western Australia) — Barrister AI