New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 1.6

1.6 Definitions

(1) In this Act--

"accredited person" , in relation to the preparation of biodiversity assessment reports, means a person accredited under section 6.10 to prepare those reports in accordance with the biodiversity assessment method.

"animal" means any animal, whether vertebrate or invertebrate and in any stage of biological development, but does not include--

(a) humans, or

(b) fish within the meaning of the Fisheries Management Act 1994 .

Note : Some types of fish may be included in the definition of
"animal" and some types of animals may be included in the definition of
"fish" . See section 14.7.

"avoid, minimise and offset hierarchy" --see section 6.3A.

"biodiversity" and
"biodiversity values" --see section 1.5.

"biodiversity assessment method" means the biodiversity assessment method established under Part 6.

"biodiversity assessment report" means a biodiversity stewardship site assessment report, a biodiversity development assessment report or a biodiversity certification assessment report prepared by an accredited person.

"biodiversity certification" means biodiversity certification conferred on land under Part 8 and
"biodiversity certified land" means land on which biodiversity certification has been conferred and is in force under Part 8.

"biodiversity conservation licence" means a biodiversity conservation licence issued under Division 3 of Part 2 and in force.

"Biodiversity Conservation Trust" or
"Trust" means the Biodiversity Conservation Trust of New South Wales established by Part 10.

"biodiversity credit" means a biodiversity credit created by (and in accordance with) a biodiversity stewardship agreement.

"biodiversity offsets scheme" --see section 6.2.

"biodiversity stewardship agreement" means a biodiversity stewardship agreement made under Division 2 of Part 5.

"Biodiversity Stewardship Payments Fund" means the Biodiversity Stewardship Payments Fund established by Division 7 of Part 6.

"biodiversity stewardship site" means the land that is designated by a biodiversity stewardship agreement to be a biodiversity stewardship site for the purposes of this Act.

"Crown land" means Crown land within the meaning of the Crown Land Management Act 2016 .

"damage" habitat includes damage caused by--

(a) removing or relocating any part of the habitat, and

(b) activities that prevent the continued use of the habitat by animals.

"declared area of outstanding biodiversity value" means an area declared under Part 3.

"Department" means the Department in which this Act is administered.

"development" has the same meaning as in the Environmental Planning and Assessment Act 1979 .

"ecological community" means an assemblage of species occupying a particular area.

"Environment Agency Head" means the Secretary of the Department.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"habitat" includes--

(a) an area periodically or occasionally occupied by a species or ecological community, and

(b) the biotic and abiotic components of an area.

"harm" an animal includes kill, injure or capture the animal, but does not include harm by changing the habitat of the animal, and
"attempt to harm" an animal includes hunting or pursuing, or using anything, for the purpose of harming the animal.

"key threatening process" means a threatening process listed in Schedule 4.

"landholder" means a person who is the owner of land or who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of land.

"management action" for a biodiversity stewardship site, means an action (or refraining from an action) on the site in respect of which a biodiversity credit may be created.

"marine vegetation" means mangroves, seagrasses or any other species of plant that at any time in its life cycle must inhabit water (other than fresh water).

"mining or petroleum authority" means an authority, claim, licence or title (however described) under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 .

"native vegetation" and
"clearing" native vegetation have the same meanings as in Part 5A of the Local Land Services Act 2013 .

Note : Under that Part of that Act, the clearing of dead or non-native plants on certain vulnerable land is taken to be the clearing of native vegetation.

"native vegetation legislation" means any of the following provisions and any regulations or other instruments or requirements issued or made under those provisions--

(a) Part 5A (Land management (native vegetation)) of, and Schedule 5A to, the Local Land Services Act 2013 ,

(b) Part 5B (Private native forestry) of the Local Land Services Act 2013 ,

(c) Part 5A (Forest agreements) and Part 5B (Integrated forestry operations approvals) of the Forestry Act 2012 .

"native vegetation offence" means any offence under the native vegetation legislation.

"owner" of land includes--

(a) every person who, either at law or in equity--

(i) is entitled to the land for any estate of freehold in possession, or

(ii) is a person to whom the Crown has lawfully contracted to sell the land under the Crown Land Management Act 2016 or any other Act relating to the alienation of lands of the Crown, or

(iii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits in respect of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise, and

(b) a person who leases land under the Crown Land Management Act 2016 , and

(c) any other person who, under the regulations, is taken to be the owner of the land,

but (unless the regulations otherwise provide) does not include a beneficiary of a trust relating to the land.

"pick" a plant includes gather, take, cut, remove from the ground, destroy, poison, crush or injure the plant or any part of the plant.

"Planning Agency Head" means the Secretary of the Department of Planning, Housing and Infrastructure.

"Planning Minister" means the Minister administering the Environmental Planning and Assessment Act 1979 , Parts 4 and 5.

"plant" means any plant, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, but does not include marine vegetation.

Note : Some types of marine vegetation may be included in the definition of
"plant" and some types of plants may be included in the definition of
"marine vegetation" . See section 14.7.

"prescribed biodiversity conservation measure" means an action prescribed under section 6.4(2)(b) as an action that qualifies as a biodiversity conservation measure for the offset rules.

"private land conservation agreement" means a biodiversity stewardship agreement, a conservation agreement or a wildlife refuge agreement under Part 5.

"protected animal" means an animal of a species listed or referred to in Schedule 5.

Note : Some protected animals may also be threatened species of animals, but not all threatened species of animals are protected animals.

"protected plant" means a plant of a species listed or referred to in Schedule 6.

Note : Some protected plants may also be threatened species of plants, but not all threatened species of plants are protected plants.

"public authority" means any public or local authority constituted by or under an Act, a Public Service agency, a NSW Government agency or a State owned corporation, and includes a person exercising any function on behalf of the authority, agency or corporation and any person or body declared by the regulations to be a public authority.

"relevant authority" means--

(a) for an application for development consent under the Environmental Planning and Assessment Act 1979 , Part 4 for State significant development--the consent authority within the meaning of that Act, section 4.5 or

(b) for an application for approval under the Environmental Planning and Assessment Act 1979 , Division 5.2 to carry out State significant infrastructure--the Planning Minister.

"residual impact" , on biodiversity values, means the impact on biodiversity values of proposed development, activity or clearing after taking the following measures to avoid and minimise the impact--

(a) the measures on which a biodiversity development assessment report relating to the proposed development, activity or clearing was based,

(b) the measures required to be carried out under a consent or approval for the proposed development, activity or clearing.

"species" includes--

(a) a defined subspecies, and

(b) a taxon below a subspecies, and

(c) a recognisable variant of a subspecies or taxon, and

(d) a population of a particular species (being a group of organisms, all of the same species, occupying a particular area).

"threatened ecological community" means a critically endangered ecological community, an endangered ecological community or a vulnerable ecological community listed in Schedule 2.

"threatened species" means a critically endangered species, an endangered species or a vulnerable species listed in Schedule 1.

"Threatened Species Scientific Committee" or
"Scientific Committee" means the Threatened Species Scientific Committee established by Division 7 of Part 4.

"threatening process" means a process that threatens, or that may threaten, the survival or evolutionary development of species or ecological communities.

"Tier 1" ,
"Tier 2" ,
"Tier 3" ,
"Tier 4" or
"Tier 5 monetary penalty" , in relation to an offence, indicates the maximum monetary penalty that a court may impose for the offence--see section 13.1 for the relevant maximum amounts.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act, a reference to a person entitled to the benefit of a covenant includes, in the case of a covenant imposed under section 88D or 88E of the Conveyancing Act 1919 , a reference to a prescribed authority (within the meaning of those sections) or a person entitled to exercise, on behalf of the Crown, the functions of a prescribed authority under those sections.

(3) Notes included in this Act do not form part of this Act.