New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT ADMINISTRATION REGULATION 2012 - REG 3

3 Definitions

(1) In this Regulation:

"address" means:

(a) in relation to an individual, the last residential or business address of the individual known to the member disclosing the address, and

(b) in relation to a corporation, the address of the registered office of the corporation in New South Wales or, if there is no such office, the address of the principal office of the corporation in the place in which it is incorporated, and

(c) in relation to any real property, the postal address of the property or the particulars of title of the property.

"approved" means approved by the Minister.

"debt" means a debt arising from a loan of money or from the supply of goods or services.

"disposition of property" means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property and includes the following:

(a) the allotment of shares in a company,

(b) the creation of a trust in respect of property,

(c) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in respect of property,

(d) the release, discharge, surrender, forfeiture or abandonment (at law or in equity) of any debt, contract, chose in action or any interest in respect of property,

(e) the exercise by a person of a general power of appointment over property in favour of any other person,

(f) any transaction entered into by any person with the intention of diminishing, directly or indirectly, the value of his or her own property and increasing the value of the property of any other person.

"environmental association" means a body or association, whether or not incorporated, having as one of its objects or activities environment protection within the meaning of the Act.

"gift" means any transfer of property made otherwise than by will without consideration in money or money's worth passing from the receiver to the giver, or with some such not fully adequate consideration so passing, but does not include any financial or other contribution to travel.

"interest" means:

(a) in relation to any property, any estate, interest, right or power, whether at law or in equity, in or over the property, and

(b) in relation to any corporation, a relevant interest in securities that are shares of the corporation within the meaning of the Corporations Act 2001 of the Commonwealth.

"member" means a member of the Board.

"occupation" includes trade, profession and vocation.

"ordinary return" means the return referred to in clause 6.

"ordinary return period" means the period referred to in clause 7.

"outside income" of a member means the member's assessable income within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth excluding remuneration payable to the member under the Statutory and Other Offices Remuneration Act 1975 in his or her capacity as a member.

"primary return" means the return referred to in clause 4.

"primary return date" means the date referred to in clause 5.

"professional or business association" means a body or organisation, whether or not incorporated, having as one of its objects or activities the promotion of the economic interests of its members in any occupation.

"property" includes money.

"public company" means a listed company within the meaning of the Corporations Act 2001 of the Commonwealth.

"re-appointed member" means a member who, immediately on completion of a term of office, is re-appointed for another term.

"register" means the register referred to in clause 19.

"relative" , in relation to a member, means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the member or of the member's spouse,

(b) the spouse (including a de facto partner) of the member or of any other person referred to in paragraph (a).

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

"return" means a primary return or an ordinary return.

"special disclosure" means a disclosure made under clause 7 (1) or (4) of Schedule 1 to the Act.

"the Act" means the Protection of the Environment Administration Act 1991 .

"travel" includes accommodation incidental to a journey.

(2) A reference in this Regulation to a disclosure concerning any real property, outside income, corporation or other thing includes a reference to a disclosure concerning any real property situated, outside income derived, corporation incorporated, or other thing arising or received, outside New South Wales.

(3) For the purposes of this Regulation, gifts or contributions to travel given, loans made, or goods or services supplied, to a member by 2 or more corporations that are related to each other within the meaning of section 50 of the Corporations Act 2001 of the Commonwealth are taken to have been given, made or supplied by a single corporation.

(4) A reference in this Regulation to the lodgment of a return with the Board is a reference to the tabling at a meeting of the Board of a return completed in accordance with directions set out in the form containing disclosures in accordance with this Regulation.

(5) Notes included in this Regulation do not form part of this Regulation.