s 5

Terms used

In force

(1)

In this Act, unless the contrary intention appears —

abandoned fauna means fauna that —

(a)

belongs to a species the juveniles of which are normally cared for by a parent; and

(b)

is of an age at which it would normally be cared for by a parent; and

(c)

has been abandoned by its parents;

animal means any member, alive or dead, of the animal kingdom (other than a human being) and includes the following —

(a)

any viable or non‑viable progeny, larva, embryo, egg, ovum or sperm of an animal;

(b)

any part, product or genetic material of an animal from which another animal could be produced;

(c)

any other part of an animal;

(d)

the carcass of an animal;

annual report, in relation to the Department, means the annual report submitted by the accountable authority of the Department under the Financial Management Act 2006 Part 5;

apply, in relation to an identifier, includes to affix, to attach, to implant and to insert;

biodiversity means the variability among living organisms and the ecosystems of which those organisms are a part and includes the following —

(a)

diversity within native species and between native species;

(b)

diversity of ecosystems;

(c)

diversity of other biodiversity components;

biodiversity components includes native species, habitats, ecological communities, genes, ecosystems and ecological processes;

biodiversity conservation means the conservation and protection of biodiversity and biodiversity components;

biodiversity conservation agreement has the meaning given in section 114(1);

biodiversity conservation covenant has the meaning given in section 122(1);

biodiversity conservation measures includes the following —

(a)

penalties for offences under this Act;

(b)

biodiversity management programmes;

(c)

recovery plans and interim recovery plans;

(d)

biodiversity conservation agreements;

(e)

biodiversity conservation covenants;

(f)

measures in place under Part 9 for the control of environmental pests;

(g)

measures in place under any other written law that have the effect, whether directly or indirectly, of conserving or protecting biodiversity or biodiversity components, including the following —

(i)

biosecurity measures;

(ii)

regulations under the CALM Act or the Environmental Protection Act 1986;

(iii)

environmental protection policies;

(iv)

conditions agreed or decided under the Environmental Protection Act 1986 Part IV Division 3;

(v)

management plans under the Fish Resources Management Act 1994 and measures under that Act relating to the control or management of exotic fish, noxious fish or biological threats;

(vi)

State planning policies under the Planning and Development Act 2005;

biodiversity management programme means a biodiversity management programme approved under section 73(1);

biological resources includes biochemical substances, genetic resources, organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity;

bioprospecting activity means an activity involving or related to the taking of fauna or flora for the purposes of identifying, extracting or recovering biological resources;

biosecurity measures means measures under the Biosecurity and Agriculture Management Act 2007 for the control of declared pests including the following —

(a)

requirements or restrictions imposed by Part 2 of that Act;

(b)

pest control notices, pest exclusion notices and pest keeping notices under Part 2 of that Act;

(c)

management plans under Part 2 of that Act;

(d)

regulations under that Act relating to the keeping, breeding, cultivation or supply of declared pests;

(e)

the terms and conditions of authorisations under that Act relating to the keeping, breeding, cultivation or supply of declared pests;

business day means a day that is not a Saturday, Sunday or public holiday;

CALM Act means the Conservation and Land Management Act 1984;

CALM Act land means each of the following categories of land —

(a)

land, or land and waters, to which the CALM Act applies under the CALM Act section 5;

(b)

section 8A land as defined in the CALM Act section 3;

(c)

section 8C land as defined in the CALM Act section 3;

(d)

land owned by, vested in, or under the care, control and management of, the Executive Body as defined in the CALM Act section 3, whether solely or jointly with another body;

(e)

land to which the CALM Act section 131 applies;

CALM Act officer means —

(a)

a wildlife officer; or

(b)

a forest officer as defined in the CALM Act section 3; or

(c)

a ranger as defined in the CALM Act section 3; or

(d)

a conservation and land management officer as defined in the CALM Act section 3;

capture, in relation to fauna, includes to catch, to gather, to trap, to restrain and to remove;

carcass includes part of a carcass;

CEO has the meaning given in the CALM Act section 3;

cetacean means a member of the sub‑order Mysticeti or Odontoceti of the Order Cetacea;

CI Act means the Criminal Investigation Act 2006;

class —

(a)

in relation to animals, means any grouping of animals; and

(b)

in relation to plants, means any grouping of plants;

collapsed ecological community means an ecological community that is listed as a collapsed ecological community under section 31(1);

commercial purpose means the purpose of sale or any other purpose that is directed to financial gain or reward;

Commission has the meaning given in the CALM Act section 3;

condition includes a limitation or restriction;

conserve includes to maintain and to restore;

container includes the following —

(a)

a case, box, bag, wrapper or material of any kind used or intended to be used to cover, contain or package something;

(b)

a bulk container, or any means of bulk transport, used or intended to be used to cover, contain or package something;

contravene includes to fail to comply with;

control, in relation to an environmental pest or other organism, includes the following —

(a)

to eradicate;

(b)

to destroy;

(c)

to prevent the presence or spread of;

(d)

to manage;

(e)

to examine or test for;

(f)

to survey for or monitor the presence or spread of;

(g)

to treat;

critical habitat means habitat that is listed as critical habitat under section 54(1);

critically endangered ecological community means a threatened ecological community that is listed in the category of critically endangered ecological community under section 27(1)(a);

critically endangered species means a threatened species that is listed in the category of critically endangered species under section 19(1)(a);

Crown land has the meaning given in the Land Administration Act 1997 section 3(1);

cultivated flora means flora that has been intentionally sown, planted or propagated unless —

(a)

it has been sown, planted or propagated as required under this Act or another written law; or

(b)

it is of a class declared by the regulations to be excluded from this definition;

declared pest has the meaning given in the Biosecurity and Agriculture Management Act 2007 section 6;

Department has the meaning given in the CALM Act section 3;

disturb —

(a)

in relation to fauna, includes the following —

(i)

to chase, drive, follow, harass, herd or hunt fauna by any means;

(ii)

to apply an identifier to fauna by any means;

(iii)

to engage in an activity that has the effect, whether directly or indirectly, of altering the natural behaviour of fauna to its detriment;

(iv)

to cause or permit anything referred to in subparagraph (i), (ii) or (iii) to be done;

(b)

in relation to flora, includes the following —

(i)

to engage in an activity that has the effect, whether directly or indirectly, of altering the long term persistence of the flora in its habitat;

(ii)

to cause or permit an activity referred to in subparagraph (i) to be engaged in;

ecological community means a naturally occurring assemblage of organisms that occurs in a particular habitat;

ecologically sustainable use, in relation to biodiversity components, means use of the biodiversity components in a way and at a rate that does not lead to the long‑term decline of biodiversity, thereby maintaining the potential of the biodiversity components to meet the needs of present and future generations;

ecosystem means a dynamic complex of ecological communities and the non‑living chemical and physical parts of their environment interacting as a functional unit;

endangered ecological community means a threatened ecological community that is listed in the category of endangered ecological community under section 27(1)(b);

endangered species means a threatened species that is listed in the category of endangered species under section 19(1)(b);

environmental pest means a species in respect of which an order under section 132(1) is in force;

environmental pest notice has the meaning given in section 135(2);

environmental protection policy means an approved policy as defined in the Environmental Protection Act 1986 section 3(1);

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth);

exclusive economic zone has the meaning given in the Seas and Submerged Lands Act 1973 (Commonwealth) section 3;

export means to take out of the State and includes the following —

(a)

to offer to export;

(b)

to send or deliver for export;

(c)

to receive, or have in possession, for export;

external Territory has the meaning given in the Acts Interpretation Act 1901 (Commonwealth) section 17;

extinct species means a native species that is listed as an extinct species under section 23(1);

fauna means —

(a)

an animal that —

(i)

belongs to a native species unless the animal is determined by order under section 9(2) not to be fauna for the purposes of this Act; or

(ii)

is determined by order under section 9(1) to be fauna for the purposes of this Act;

(b)

a native species or taxonomic grouping of native species that is determined by order under section 10(1) or (2) to be fauna for the purposes of this Act;

fauna processing establishment means a place used to process fauna, other than fish or pearl oyster, for a commercial purpose;

fish has the meaning given in the Fish Resources Management Act 1994 section 4(1);

flora means —

(a)

a plant that —

(i)

belongs to a native species and is indigenous to the State unless the plant is determined by order under section 9(4) not to be flora for the purposes of this Act; or

(ii)

is determined by order under section 9(3) to be flora for the purposes of this Act;

(b)

a native species or taxonomic grouping of native species that is determined by order under section 10(1) or (2) to be flora for the purposes of this Act;

flora processing establishment means a place used to process flora for a commercial purpose but does not include a place used solely to process forest products taken under a contract to which the Forest Products Act 2000 Part 8 applies unless those forest products are sandalwood;

genetic resources means any material of plant, animal, microbial or other origin that contains functional units of heredity and that has actual or potential value to humanity;

habitat means the biophysical medium or media —

(a)

occupied (continuously, periodically or occasionally) by an organism or group of organisms; or

(b)

once occupied (continuously, periodically or occasionally) by an organism, or group of organisms, and into which organisms of that kind have the potential to be reintroduced;

habitat conservation notice has the meaning given in section 59(1);

identifier means a tag, mark, brand, electronic device, or other thing of a prescribed kind, designed or used to identify, track or trace an organism;

import means to bring into the State;

injured fauna means fauna that is injured, sick or diseased;

interim recovery plan means an interim recovery plan made under section 105;

key threatening process means a threatening process that is listed as a key threatening process under section 34(1);

label means to mark a package, container or other thing to identify it or its contents by attaching to it or inserting in it a tag, mark, stamp or written statement;

land has the meaning given in the Land Administration Act 1997 section 3(1);

lawful activity has the meaning given in section 6;

lawful authority has the meaning given in section 7(2);

licence means a licence granted under the regulations;

managed fauna means fauna prescribed or of a class prescribed by regulations referred to in section 163(1) as managed fauna for the purposes of the section in which the term is used;

ministerial guidelines means guidelines issued under section 260;

mobile home means a vehicle that —

(a)

is ordinarily used for human habitation; and

(b)

is permanently or semi‑permanently stationary in a single location;

native species has the meaning given in section 8(2);

obstruct includes to delay, to hinder and to resist;

occupier, in relation to land, means a person who is in occupation or control of the land, or is entitled to be in occupation or control of the land, whether or not the person owns the land;

organism means a life form, other than a human being, whether alive or not and includes part of such a life form and the genetic material of such a life form;

owner —

(a)

in relation to private land, means —

(i)

a person who is for the time being registered under the Transfer of Land Act 1893 as proprietor of an estate in fee simple in the land; or

(ii)

a person who is for the time being the holder of the freehold in the land as evidenced by a memorial that is registered under the Registration of Deeds Act 1856; or

(iii)

an executor or administrator of, or a person appointed under a written law to act on behalf of, a person referred to in subparagraph (i) or (ii); or

(iv)

an agent or attorney of a person referred to in subparagraph (i) or (ii); or

(v)

a mortgagee in possession of the land;

(b)

in relation to Crown land, means the public authority that has the care, control or management of the land or, if there is no such public authority, the State;

part, in relation to an animal or carcass, includes the bodily fluid, bone, chitin, exoskeleton, feathers, flesh, fur, hide, organs, pelage, scale, shell, skin, teeth, tissue and viscera of the animal or carcass;

pearl oyster has the meaning given in the Pearling Act 1990 section 3(1);

place means any land, building, structure, tent or mobile home or a part of any land, building, structure, tent or mobile home;

plant means any member, alive or dead, of the plant kingdom or the fungus kingdom and includes the following —

(a)

any viable or non‑viable ovule, seed, pollen or spore of a plant;

(b)

any part, product or genetic material of a plant from which another plant could be produced;

(c)

any other part of a plant;

potential carrier means —

(a)

any thing that is capable of carrying an environmental pest; or

(b)

any thing that is capable of carrying anything else that is capable of carrying an environmental pest;

prescribed means prescribed by regulations made under this Act;

private land means alienated land as defined in the Land Administration Act 1997 section 3(1);

process —

(a)

in relation to fauna, means to cut, skin, treat, freeze, chill, can, cure, pack or preserve;

(b)

in relation to flora, means to obtain or produce a thing or substance of a prescribed kind from flora using a prescribed method;

prohibited device means —

(a)

a thing or substance of a kind prescribed as a prohibited device; or

(b)

a thing or substance that is used in a manner other than that prescribed for its use;

prohibited method means —

(a)

a method of a kind prescribed as a prohibited method; or

(b)

a method that is used in a manner other than that prescribed for its use;

public authority means —

(a)

a Minister of the State; or

(b)

an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1); or

(c)

a local government or a regional local government; or

(d)

a body, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State;

record means any record of information, irrespective of how the information is recorded or stored or able to be recovered and includes the following —

(a)

any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else;

(b)

any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means;

recovery plan means —

(a)

a recovery plan approved under section 89(1); or

(b)

a plan adopted as a recovery plan under section 92(1);

Registrar —

(a)

in relation to land that is under the operation of the Transfer of Land Act 1893, means the Registrar of Titles under that Act;

(b)

in relation to land that is alienated from the Crown but is not under the operation of the Transfer of Land Act 1893, means the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856;

remedial action has the meaning given in section 217(1);

sandalwood means a plant that belongs to the species Santalum spicatum or to another species of flora prescribed for the purposes of this definition;

self‑governing Territory has the meaning given in the EPBC Act section 528;

specially protected fauna means fauna that belongs to a specially protected species;

specially protected flora means flora that belongs to a specially protected species;

specially protected species means a native species that is listed as a specially protected species under section 13(1);

species —

(a)

means a group of organisms that —

(i)

interbreed to produce fertile offspring; or

(ii)

possess common characteristics derived from a common gene pool,

and

(b)

includes —

(i)

a taxonomically separate population of a species, being a population that is characterised by morphological or other biological differences from other populations of that species; and

(ii)

a distinct population of organisms that the Minister has determined by order under section 9(5) to be a species for the purposes of this Act;

State agreement means an agreement to which the State is a party and which is authorised, ratified or approved by a written law;

supply includes the following —

(a)

to sell;

(b)

to send or deliver for the purpose of sale or on sale;

(c)

to receive, or have in possession, for the purpose of sale;

(d)

to dispose of under a hire‑purchase agreement;

(e)

to give;

(f)

to send or deliver for the purpose of giving;

(g)

to receive, or have in possession, for the purpose of giving;

(h)

to cause or permit anything referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) to be done;

(i)

to offer to do anything referred to in paragraph (a), (b), (c), (d), (e), (f) or (g);

take —

(a)

in relation to fauna, includes the following —

(i)

to kill, injure, harvest or capture fauna by any means;

(ii)

to cause or permit anything referred to in subparagraph (i) to be done;

(b)

in relation to flora, includes the following —

(i)

to gather, pluck, cut, pull up, destroy, dig up, remove, harvest or damage flora by any means;

(ii)

to cause or permit anything referred to in subparagraph (i) to be done;

threatened ecological community means an ecological community that —

(a)

is listed as a threatened ecological community under section 27(1); or

(b)

is to be regarded as a threatened ecological community under section 33;

threatened fauna means fauna that belongs to a threatened species;

threatened flora means flora that belongs to a threatened species;

threatened species means a native species that —

(a)

is listed as a threatened species under section 19(1); or

(b)

is to be regarded as a threatened species under section 26(2);

threatening process means a process that threatens, or may threaten, the survival, abundance or evolutionary development of a native species or ecological community;

treat includes to disinfect, to disinfest, to clean, to vaccinate or apply other prophylactic measures, and to isolate;

vehicle means any thing capable of transporting people or things by air, road, rail or water, and it does not matter how the thing is moved or propelled;

vulnerable ecological community means a threatened ecological community that is listed in the category of vulnerable ecological community under section 27(1)(c);

vulnerable species means a threatened species that is listed in the category of vulnerable species under section 19(1)(c);

wildlife officer has the meaning given in the CALM Act section 3.

(2)

Despite the definitions of occupier and owner in subsection (1), neither the CEO nor the Executive Body (as defined in the CALM Act section 3) is to be regarded as an occupier or owner of land for the purposes of this Act.

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