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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 528

Definitions
In this Act, unless the contrary intention appears:

"accredited management plan" has the meaning given by subsection 33(2).

"acquisition of property" has the meaning given by subsection 519(2).

"action" has the meaning given by Subdivision A of Division 1 of Part 23.

"agency" of a State or self-governing Territory means:

(a)
a Minister of the State or Territory; or

(b)
a body corporate established for a public purpose by a law of the State or Territory; or

(c)
a body corporate established by:

(i)
the Governor of the State; or
(ii)
if the Territory is the Australian Capital Territory—the Governor-General acting in relation to the Australian Capital Territory; or
(iii)
if the Territory is the Northern Territory or Norfolk Island—the Administrator of the Territory; or
(iv)
a Minister of the State or Territory;
otherwise than by or under a law of the Territory; or

(d)
a company in which the whole of the shares or stock, or shares or stock carrying more than one-half of the voting power, is or are owned by or on behalf of the State or Territory; or

(e)
a body corporate that is a subsidiary of:

(i)
a body or company referred to in paragraph (b), (c) or (d); or
(ii)
a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be an agency of the State or Territory for the purposes of this definition; or
(f)
a person holding, or performing the duties of:

(i)
an office established by or under a law of the State or Territory (except a judicial office or an office of member of a tribunal); or
(ii)
an appointment made under a law of the State or Territory (except appointment to a judicial office or an office of member of a tribunal); or
(g)
a person holding, or performing the duties of, an appointment made by:

(i)
the Governor of the State; or
(ii)
if the Territory is the Australian Capital Territory—the Governor-General acting in relation to the Australian Capital Territory; or
(iii)
if the Territory is the Northern Territory or Norfolk Island—the Administrator of the Territory; or
(iv)
a Minister of the State or Territory;
otherwise than by or under a law of the State or Territory.

"aircraft" means an apparatus that can derive support in the atmosphere from the reactions of the air.

"animal" means any member, alive or dead, of the animal kingdom (other than a human being).

"Apia Convention" means the Convention on Conservation of Nature in the South Pacific, done at Apia, Western Samoa, on 12 June 1976, as in force for Australia immediately before the commencement of this Act.

Note: The English text of the Convention is set out in Australian Treaty Series 1990 No. 41.

"article" includes a substance or a mixture of substances.

"assess" an action includes assess the impacts that the action:

(a)
has or will have; or

(b)
is likely to have.

"assessment report" has the meaning given by subsection 130(2).

"Australian aircraft" has the meaning given by subsection 5(5).

Australian Biosphere reserve management principles has the meaning given by section 340.

"Australian IUCN reserve management principles" has the meaning given by subsection 348(1).

"Australian jurisdiction" has the meaning given by subsection 5(5).

"Australian platform" has the meaning given by section 403.

"Australian Ramsar management principles" has the meaning given by section 335.

"Australian vessel" has the meaning given by subsection 5(5).

"Australian World Heritage management principles" has the meaning given by section 323.

"authorised officer" means:

(a)
a warden; or

(b)
an inspector.

"baggage" has the meaning given by section 443.

"bilateral agreement" has the meaning given by subsection 45(2).

"bilaterally accredited management plan" has the meaning given by subsection 46(2).

"biodiversity" means the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part) and includes:

(a)
diversity within species and between species; and

(b)
diversity of ecosystems.

"Biodiversity Convention" means the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992, as in force for Australia immediately before the commencement of this Act.

Note: The English text of this Convention is set out in Australian Treaty Series 1993 No. 32.

"biological resources" includes genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity.

"Biosphere reserve "has the meaning given by section 337.

"Board" means a Board established under section 377.

"Bonn Convention" means the Convention on the Conservation of Migratory Species of Wild Animals done at Bonn on 23 June 1979, as in force for Australia immediately before the commencement of this Act.

Note: The English text of the Convention is set out in Australian Treaty Series 1991 No. 32.

"business day" means a day that is not:

(a)
a Saturday or a Sunday; or

(b)
a public holiday or bank holiday in the place concerned.

"CAMBA" means the Agreement between the Government of Australia and the Government of the People's Republic of China for the protection of Migratory Birds and their Environment done at Canberra on 20 October 1986, as in force for Australia immediately before the commencement of this Act.

Note: The English text of the Agreement is set out in Australian Treaty Series 1988 No. 22.

"cetacean" means a member of the sub-order Mysticeti or Odontoceti of the Order Cetacea, and includes a part of such a member and any product derived from a such a member.

"CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on 3 March 1973, as in force for Australia immediately before the commencement of this Act.

Note: The English text of the Convention is set out in Australian Treaty Series 1976 No. 29.

"civil penalty provision" has the meaning given by section 482.

coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901 .

coastal waters of a State or the Northern Territory has the meaning given by section 227.

"commissioner" means a person holding an appointment under paragraph 107(1)(a).

"Commonwealth agency" means:

(a)
a Minister; or

(b)
a body corporate established for a public purpose by a law of the Commonwealth; or

(c)
a body corporate established by a Minister otherwise than under a law of the Commonwealth; or

(d)
a company in which the whole of the shares or stock, or shares or stock carrying more than one-half of the voting power, is or are owned by or on behalf of the Commonwealth; or

(e)
a body corporate that is a subsidiary of:

(i)
a body or company referred to in paragraph (b), (c) or (d); or
(ii)
a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a Commonwealth agency for the purposes of this definition; or
(f)
a person holding, or performing the duties of:

(i)
an office established by or under a law of the Commonwealth (except a judicial office or office of member of a tribunal); or
(ii)
an appointment made under a law of the Commonwealth (except an appointment to a judicial office or office of member of a tribunal); or
(g)
a person holding, or performing the duties of, an appointment made by the Governor-General, or by a Minister, otherwise than under a law of the Commonwealth;

but does not include:

(h)
a person holding an office established by or under any of the following Acts, or holding an appointment made under any of them:

(i)
the Northern Territory (Self-Government) Act 1978 ;
(ii)
the Norfolk Island Act 1979 ;
(iii)
the Australian Capital Territory (Self-Government) Act 1988 ; or
(i)
any of the following:

(i)
an Aboriginal Land Trust, or an Aboriginal Land Council, established under the Aboriginal Land Rights (Northern Territory) Act 1976 ;
(ii)
an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976 ;
(iii)
the Wreck Bay Aboriginal Community Council established by the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 ; or
(j)
a company prescribed by the regulations for the purposes of this paragraph.

"Commonwealth aircraft" has the meaning given by section 403.

"Commonwealth area" has the meaning given by section 525.

"Commonwealth land" has the meaning given by section 27.

"Commonwealth marine area" has the meaning given by section 24.

"Commonwealth reserve" means a reserve declared under Division 4 of Part 15.

"Commonwealth ship" has the meaning given by section 403.

"components of biodiversity" has the meaning given by subsection 171(3).

"conservation agreement" means an agreement made under section 305.

"conservation dependent": a native species may be included in the conservation dependent category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.

"conservation dependent species" means a listed threatened species that is included in the conservation dependent category of the list referred to in section 178.

"conservation order" means an order made under section 464 (with variations (if any) under section 466 or 469).

"conservation zone" means a Commonwealth area that is declared to be a conservation zone under Division 5 of Part 15.

"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.

"continental shelf" means the continental shelf (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories).

"continuation" of a use of land, sea or seabed has the meaning given by subsection 523(2).

"controlled action" has the meaning given by section 67.

"controlling provision" has the meaning given by section 67.

"convict" a person of an offence has a meaning affected by section 527.

"critical habitat" for a listed threatened species or a listed threatened ecological community has the meaning given by subsection 207A(4).

"critically endangered":

(a)
a native species may be included in the critically endangered category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13; and

(b)
an ecological community may be included in the critically endangered category of the list of threatened ecological communities in accordance with Subdivision A of Division 1 of Part 13.

"cultural heritage" has the meaning given by subsection 12(4).

"daily newspaper" means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published, whether or not the newspaper is ordinarily published on other days.

"declared Ramsar wetland" has the meaning given by section 17.

"declared World Heritage property" has the meaning given by section 13.

"designated proponent" of an action means the person designated under Division 2 of Part 7 as the proponent of the action.

"directed environmental audit" has the meaning given by subsection 460(4).

"Director" means the Director of National Parks referred to in section 514A.

"ecological character" has the meaning given by subsection 16(3).

"ecological community" means an assemblage of native species that:

(a)
inhabits a particular area in nature; and

(b)
meets the additional criteria specified in the regulations (if any) made for the purposes of this definition.

"ecologically sustainable use" of natural resources means use of the natural resources within their capacity to sustain natural processes while maintaining the life-support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.

"ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit.

"eligible seizable item" means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.

"endangered":

(a)
a native species may be included in the endangered category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13; and

(b)
an ecological community may be included in the endangered category of the list of threatened ecological communities in accordance with Subdivision A of Division 1 of Part 13.

"environment" includes:

(a)
ecosystems and their constituent parts, including people and communities; and

(b)
natural and physical resources; and

(c)
the qualities and characteristics of locations, places and areas; and

(d)
the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b) or (c).

"environmental authority" has the meaning given by subsection 458(4).

"evidential material" has the meaning given by subsection 406(2).

"exclusive economic zone" means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories).

"executing officer", for a warrant, means the person named in the warrant as being responsible for executing the warrant.

"executive officer" of a body corporate has the meaning given by section 493.

"extinct": a native species may be included in the extinct category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.

"extinct in the wild": a native species may be included in the extinct in the wild category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.

"Federal Court" means the Federal Court of Australia.

"foreign whaling vessel "has the meaning given by subsection 236(5).

"forestry operations" has the meaning given by subsection 40(2).

"frisk search" has the meaning given by subsection 413(3).

"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 for humanity.

"goods" has the meaning given by section 443.

"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.

"holder" means:

(a)
in the case of a permit issued under Chapter 5—the person to whom the permit was issued or transferred, as the case may be; or

(b)
in the case of an approval under Part 9—the person to whom the approval applies.

"imported" in relation to a cetacean or foreign whaling vessel means brought into the Australian jurisdiction.

"indigenous people's land" has the meaning given by subsection 363(3).

"indigenous person" has the meaning given by subsection 363(4).

"indigenous tradition" has the meaning given by section 201.

"inspector" means:

(a)
a person appointed as an inspector under section 396;

(b)
a person who is an inspector because of section 397; or

(c)
a person who is an inspector because of an arrangement entered into under section 398.

"interested person" has the meaning given by section 475.

"interfere "with a cetacean has the meaning given by subsection 229B(4).

"IUCN category" has the meaning given by subsection 346(1).

"JAMBA" means the Agreement between the Government of Japan and the Government of Australia for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment done at Tokyo on 6 February 1974, as in force for Australia immediately before the commencement of this Act.

Note: The English text of the Agreement is set out in Australian Treaty Series 1981 No. 6.

"jointly managed reserve" has the meaning given by subsection 363(5).

"Kakadu National Park" has the meaning given by subsection 387(3).

"Kakadu region" has the meaning given by subsection 386(1).

keep a cetacean or member of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community means:

(a)
in the case of a cetacean, or a species of animal or community of animals—have charge or possession of the cetacean or member, either in captivity or in a domesticated state; and

(b)
in the case of a species of plant or community of plants—have possession of the member.

"key threatening process" means a threatening process included in the list referred to in section 183.

"land" has the meaning given by subsection 345(2).

"land council" for indigenous people's land has the meaning given by subsection 363(2).

"large-scale disposal facility" for radioactive waste has a meaning affected by subsection 22(2).

"list" includes a list containing no items.

"listed marine species "means a marine species included in the list referred to in section 248.

"listed migratory species" means a migratory species included in the list referred to in section 209.

"listed threatened ecological community" means an ecological community included in the list referred to in section 181.

"listed threatened species" means a native species included in the list referred to in section 178.

"magistrate" means a magistrate who is remunerated by salary or otherwise.

"master" of a foreign whaling vessel has the meaning given by subsection 236(5).

"matter protected" by a provision of Part 3 has the meaning given by section 34.

"member "of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community, includes, in the case of a species of animal or community of animals, the whole or part of the dead body of the member.

"mineral" has the meaning given by subsection 355(3).

"mining operations" has the meaning given by subsection 355(2).

"monitoring power" relating to premises has the meaning given by section 407.

"monitoring warrant" has the meaning given by section 409.

"native species" means a species:

(a)
that is indigenous to Australia or an external Territory; or

(b)
that is indigenous to the seabed of the coastal sea of Australia or an external Territory; or

(c)
that is indigenous to the continental shelf; or

(d)
that is indigenous to the exclusive economic zone; or

(e)
members of which periodically or occasionally visit:

(i)
Australia or an external Territory; or
(ii)
the exclusive economic zone; or
(f)
that was present in Australia or an external Territory before 1400.

Note: A reference to Australia or an external Territory includes a reference to the coastal sea of Australia or the Territory. See section 15B of the Acts Interpretation Act 1901 .

"natural heritage" has the meaning given by subsection 12(4).

"nuclear action" has the meaning given by subsection 22(1).

"nuclear installation" has the meaning given by subsection 22(1).

"occupier" of premises means the person apparently in charge of the premises.

"officer assisting", in relation to a warrant, means:

(a)
an authorised officer who is assisting in executing the warrant; or

(b)
a person who is not an authorised officer, but who has been authorised by the relevant executing officer to assist in executing the warrant.

"officer of Customs" has the same meaning as it has in the Customs Act 1901 .

"ordinary search" has the meaning given in subsection 414(3).

"organism" includes:

(a)
a virus; and

(b)
the reproductive material of an organism; and

(c)
an organism that has died.

"plant" means a member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes a part of a plant and plant reproductive material.

"plant reproductive material" means:

(a)
a seed or spore of a plant; or

(b)
a cutting from a plant; or

(c)
any other part, or product, of a plant from which another plant can be produced.

"population" of a species or ecological community means an occurrence of the species or community in a particular area.

"precautionary principle" has the meaning given by subsection 391(2).

"premises" includes a place, vehicle, vessel and aircraft.

"prescribed waters "means waters in respect of which regulations made for the purposes of section 226 are in force.

"principles of ecologically sustainable development" has a meaning affected by section 3A.

"radioactive waste" has the meaning given by subsection 22(1).

"Ramsar Convention" means the Convention on Wetlands of International Importance especially as Waterfowl Habitat done at Ramsar, Iran, on 2 February 1971, as in force for Australia immediately before the commencement of this Act.

Note: The English Text of the Convention is set out in Australian Treaty Series 1975 No. 48.

"range" of a species means the area where members of the species live, feed, breed or visit periodically or regularly.

"ranger" means a person holding an appointment as a ranger under Part 17.

"recovery plan" means a plan made or adopted under section 269A.

"regional forest agreement" has the meaning given by subsection 38(2).

"relevant impacts" of an action has the meaning given by section 82.

"reprocessing" has the meaning given by subsection 22(1).

"RFA forestry operations" has the meaning given by subsection 38(2).

"RFA region" has the meaning given by section 41.

"Scientific Committee" means the Threatened Species Scientific Committee established by section 502.

"seabed" has the meaning given by subsection 345(2).

"Secretary" means the Secretary to the Department that:

(a)
deals with the matter to which the provision containing the reference relates; and

(b)
is administered by the Minister administering the provision.

"self-governing Territory" means:

(a)
the Australian Capital Territory; or

(b)
the Northern Territory; or

(c)
Norfolk Island.

"significant", in relation to the impact of an action, has a meaning affected by section 524B.

"species" means a group of biological entities that:

(a)
interbreed to produce fertile offspring; or

(b)
possess common characteristics derived from a common gene pool;

and includes:

(c)
a sub-species; and

(d)
a distinct population of such biological entities that the Minister has determined, under section 517, to be a species for the purposes of this Act.

Note: Determinations under paragraph (d) are disallowable instruments. See section 517.

"spent nuclear fuel" has the meaning given by subsection 22(1).

"subsidiary" of a body corporate has a meaning affected by section 526.

"sub-species" means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species.

"terms of reference" has the meaning given by paragraph 107(1)(b).

"territorial sea" means the territorial sea (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories).

"threat abatement plan" means a plan made or adopted under section 270B.

"threatening process" has the meaning given by subsection 188(3).

trade a cetacean or member of a listed threatened species, listed migratory species, listed marine species or threatened ecological community includes:

(a)
buy the cetacean or member, agree to receive it under an agreement to buy, agree to accept it under such an agreement or acquire it by barter; or

(b)
sell the cetacean or member, offer it for sale, agree to sell it, have it in possession for the purpose of sale, deliver it for the purpose of sale, receive it for the purpose of sale or dispose of it by barter for the purpose of gain or advancement; or

(c)
export the cetacean or member from Australia or an external Territory or import it into Australia or an external Territory; or

(d)
cause or allow any of the acts referred to in paragraph (a), (b) or (c) to be done.

"traditional owners" of indigenous people's land has the meaning given by subsection 368(4).

"treat" a cetacean has the meaning given by subsection 229D(3).

"Ulu" r u-Kata Tju t a National Park has the meaning given by subsection 344(3).

"Uluru region" has the meaning given by subsection 386(2).

"usage right" has the meaning given by subsection 350(7).

"vehicle" includes a hovercraft.

"vessel" means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water and includes a floating structure and hovercraft.

"vulnerable":

(a)
a native species may be included in the vulnerable category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13; and

(b)
an ecological community may be included in the vulnerable category of the list of threatened ecological communities in accordance with Subdivision A of Division 1 of Part 13.

"warden" means a person holding an appointment as a warden under Part 17.

"warrant premises" means premises in relation to which a warrant is in force.

"wetland" has the same meaning as in the Ramsar Convention.

"whale watching" has the meaning given by section 238.

"wildlife conservation plan" means a plan of a kind referred to in section 285 that has been made or adopted under that section.

"World Heritage Convention" means the Convention for the Protection of the World Cultural and Natural Heritage done at Paris on 23 November 1972, as in force for Australia immediately before the commencement of this Act.

Note: The English text of the Convention is set out in Australian Treaty Series 1975 No. 47.

"World Heritage List" means the list kept under that title under Article 11 of the World Heritage Convention.

"world heritage values" of a property has the meaning given by subsection 12(3).

[ Minister's second reading speech made in— Senate on 12 November 1998 House of Representatives on 29 June 1999 ] (133/98)


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