New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 220B

220B Definitions

(1) In this Part--

"critical habitat" means habitat declared to be critical habitat under Division 3.

"critically endangered ecological community" means an ecological community specified in Part 2 of Schedule 4A.

"critically endangered species" means a species specified in Part 1 of Schedule 4A.

"critically endangered species and ecological communities" means species and ecological communities specified in Schedule 4A and
"critically endangered species or ecological community" means a species or ecological community respectively specified in that Schedule.

"ecological community" means an assemblage of species of fish or marine vegetation (or both) occupying a particular area.

"endangered ecological community" means an ecological community specified in Part 3 of Schedule 4.

"endangered population" means a population specified in Part 2 of Schedule 4.

"endangered species" means a species specified in Part 1 of Schedule 4.

"endangered species, populations and ecological communities" means species, populations and ecological communities specified in Schedule 4 and
"endangered species, population or ecological community" means a species, population or ecological community respectively specified in that Schedule.

"environmental planning instrument" or
"EPI" means an environmental planning instrument under the Environmental Planning and Assessment Act 1979 .

"fish" means any fish indigenous to New South Wales.

"Fisheries Scientific Committee" means the Fisheries Scientific Committee constituted under Division 9.

"harm" means--

(a) in the case of fish--take, injure or otherwise harm the fish, or

(b) in the case of marine vegetation--gather, cut, pull up, destroy, poison, dig up, remove, injure or otherwise harm the marine vegetation, or any part of it,

but in any such case does not include harm by changing the habitat of the fish or marine vegetation.

"joint management agreement" means an agreement entered into under Division 8.

"key threatening process" means a threatening process specified in Schedule 6.

"land" includes--

(a) land covered with water, whether regularly or intermittently, and

(b) the sea or an arm of the sea, and

(c) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or not, and

(d) a river, stream or watercourse, whether tidal or not.

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

"list" means a list set out in Schedules 4-6, and includes a list in one or more of those Schedules that does not contain any entries.

"local strategic plan" means a local strategic plan approved under Part 4 of the Local Land Services Act 2013 .

"marine vegetation" means any marine vegetation indigenous to New South Wales.

"NPW Act" means the National Parks and Wildlife Act 1974 .

"NRC" means the Natural Resources Commission established under the Natural Resources Commission Act 2003 .

"population" means a group of organisms, all of the same species of fish or marine vegetation, occupying a particular area.

"Priorities Action Statement" means a Threatened Species Priorities Action Statement under Division 5A.

"public authority" means a public authority (as defined in section 4), and includes a person exercising any function on behalf of the authority and any person prescribed by the regulations to be a public authority.

"recovery plan" means a recovery plan prepared and approved under Division 5.

"species" means a species of fish or marine vegetation, and includes any defined sub-species and taxon below a sub-species and any recognisable variant of a sub-species or taxon.

"species impact statement" means a statement referred to in Subdivision 2 of Division 6 and includes an environmental impact statement, prepared under the Environmental Planning and Assessment Act 1979 , that contains a species impact statement.

"species presumed extinct" means a species specified in Part 4 of Schedule 4.

"threat abatement plan" means a threat abatement plan prepared and approved under Division 5.

"threatened ecological community" means an ecological community specified in Part 3 of Schedule 4, Part 2 of Schedule 4A or Part 2 of Schedule 5.

"threatened species" means a species specified in Part 1 (Endangered species) or 4 (Species presumed extinct) of Schedule 4, Part 1 (Critically endangered species) of Schedule 4A or Part 1 (Vulnerable species) of Schedule 5.

"threatened species, populations and ecological communities" means species, populations and ecological communities specified in Schedules 4, 4A and 5 and
"threatened species, population or ecological community" means a species, population or ecological community respectively specified in any of those Schedules.

"Threatened Species Scientific Committee" means the Scientific Committee constituted under the Biodiversity Conservation Act 2016 .

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

"vulnerable ecological community" means an ecological community specified in Part 2 of Schedule 5.

"vulnerable species" means a species specified in Part 1 of Schedule 5.

(2) A reference in this Part to fish or marine vegetation indigenous to New South Wales is a reference to fish or marine vegetation of a species that was established in New South Wales before European settlement.

(3) A reference in this Part to New South Wales includes a reference to the coastal waters of the State.

Note--:
"Coastal waters of the State" is defined in section 58 of the Interpretation Act 1987 . Generally speaking, coastal waters extend to the waters of the sea within 3 nautical miles of the coast.