Terms used
3 Terms used
In these regulations —
aerial device means a remotely piloted aerial vehicle or a drone;
agricultural activity has the meaning given in the Biosecurity and Agriculture Management Act 2007 section 6;
aircraft does not include an aerial device;
approved form means a form approved by the CEO;
biosecurity has the meaning given in the Biosecurity and Agriculture Management Act 2007 section 6;
Category A, in relation to fauna, means the category of fauna described in regulation 11(2)(a);
category A firearm means a firearm of category A under the regulations referred to in the Firearms Act 2024 section 8(1);
Category B, in relation to fauna, means the category of fauna described in regulation 11(2)(b);
category B firearm means a firearm of category B under the regulations referred to in the Firearms Act 2024 section 8(1);
Category C, in relation to fauna, means the category of fauna described in regulation 11(2)(c);
CEO guidelines means guidelines issued under regulation 10(1);
class of licence — see regulation 13 (in relation to fauna) and regulation 54 (in relation to flora);
commercial licence means —
a fauna taking (commercial products) licence; or
a fauna taking (commercial purposes) licence; or
a fauna taking (biological assessment) licence; or
a fauna disturbing (commercial interaction) licence; or
a fauna possessing (breeding) licence; or
a fauna processing licence; or
a fauna dealing (general dealer’s) licence; or
a fauna dealing (pet dealer’s) licence; or
a flora taking (commercial purposes) Crown land licence; or
a flora taking (biological assessment) licence; or
a private land supplier’s licence; or
a Crown land supplier’s licence; or
a flora dealing licence; or
a flora processing licence; or
a flora taking (sandalwood) licence; or
a flora supplying (sandalwood) licence; or
a flora dealing (sandalwood) licence; or
a flora processing (sandalwood) licence; or
a bioprospecting licence;
dangerous fauna means fauna that is, or is reasonably perceived to be, a threat (including on account of having a detrimental effect, or being venomous) to —
public health or safety; or
stock or domesticated animals; or
animals on display or held in captivity or confinement;
deal in means —
in relation to fauna — to conduct a business that involves the purchase or supply of fauna; or
in relation to flora — to conduct a business that involves the purchase or supply of flora;
designated Act means any of the following Acts —
the Act;
the Animal Welfare Act 2002;
the Biosecurity and Agriculture Management Act 2007;
the CALM Act;
the Environmental Protection Act 1986;
the Forest Products Act 2000;
a repealed Act;
dolphin means fauna of the family —
Phocoenidae (porpoises); or
Delphinidae (dolphins and related toothed whales), other than killer whales;
dugong means fauna of the species Dugong dugon;
economic damage means damage to property, agricultural activity or infrastructure resulting in a financial loss;
fauna product means —
any viable or non‑viable progeny, larva, embryo, egg, ovum or sperm of fauna; or
any part, product or genetic material of fauna from which other fauna could be produced; or
any other part of fauna; or
the carcass of any fauna;
feed, in relation to fauna, means to supply matter intending it to be eaten by fauna and includes to offer any such matter to fauna;
invertebrate fauna means any fauna of the animal kingdom, other than fauna in the subphylum Vertebrata of the phylum Chordata;
kangaroo means a kangaroo of 1 of the following species —
Western grey kangaroo (Macropus fuliginosus);
Red kangaroo (Osphranter rufus);
Euro (Osphranter robustus);
killer whale means fauna of the species Orcinus orca;
manta ray means fauna of the family Moulidae and includes fauna in the genus Manta;
marine fauna means any of the following fauna when not kept in captivity —
a whale, dolphin or killer whale;
a dugong;
a seal;
a sea turtle;
a whale shark;
a manta ray;
officer, in relation to a body corporate, has the same meaning given in the Corporations Act 2001 (Commonwealth) section 9;
personal watercraft means —
a jet ski; or
an underwater scooter; or
a parasail; or
a remotely operated craft designed to move through the water; or
a wing‑in‑ground effect craft; or
a hydrofoil or hovercraft designed to carry no more than 2 persons; or
a mermaid line; or
a motorised diving aid; or
any other vessel, craft or thing propelled by any form of motor or engine that is designed to be used on or in water and to carry no more than 2 persons;
possess, in relation to fauna, includes —
to keep the fauna for any period of time (including in any form of captivity or confinement); and
to possess the fauna while transporting or moving the fauna, whether the fauna is alive or dead;
repealed Act means —
the Sandalwood Act 1929; or
the Wildlife Conservation Act 1950;
sandalwood tracking form means a sandalwood tracking form created under Part 6;
seal means fauna of the family —
Phocidae (true seals); or
Otariidae (eared seals);
sea turtle means fauna of the family —
Cheloniidae; or
Dermochelyidae;
sign, in relation to a sandalwood tracking form in electronic form, means to create a digital signature (as defined in the Electronic Conveyancing Act 2014 section 3(1)) for the sandalwood tracking form;
specifically controlled sandalwood means —
wood of sandalwood if it has a diameter of greater than 25 mm at the smallest end when stripped of bark; or
roots of sandalwood;
translocate, in relation to flora, means to deliberately transfer a plant, or regenerative plant material, from one place to another (including back to the place where the plant was originally growing) with a view to maintaining or growing a living plant;
vessel means any kind of watercraft —
whether propelled by a motor or engine, sails, paddles or any other means; and
whether underway, drifting or anchored;
veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3;
watercraft includes a boat, ship, hovercraft, personal watercraft, kayak, surf ski, surfboard, sailboard and unmanned watercraft;
whale means any fauna that is a cetacean, other than a dolphin or a killer whale;
whale shark means fauna of the species Rhincodon typus.
[Regulation 3 amended: SL 2022/95 r. 4; SL 2024/298 r. 4.]
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