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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 5
Definitions
5 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise
indicates or requires--
"Aboriginal area" means lands dedicated as an Aboriginal area under this Act.
"Aboriginal heritage impact permit" means a permit issued under Division 2 of
Part 6.
"Aboriginal object" means any deposit, object or material evidence (not being
a handicraft made for sale) relating to the Aboriginal habitation of the area
that comprises New South Wales, being habitation before or concurrent with (or
both) the occupation of that area by persons of non-Aboriginal extraction, and
includes Aboriginal remains.
"Aboriginal owner board members" , in relation to lands reserved or dedicated
under Part 4A, means the Aboriginal owners who are members of the
board of management for the lands.
"Aboriginal owners" has the same meaning as in the Aboriginal Land Rights Act
1983 . Note--: The term
"Aboriginal owners" of land is defined in the Aboriginal Land Rights Act 1983
to mean the Aboriginal persons named as having a cultural association with the
land in the Register of Aboriginal Owners kept under Division 3 of Part 9 of
that Act.
"Aboriginal person" has the same meaning as in the Aboriginal Land Rights Act
1983 and
"Aboriginal people" has a corresponding meaning.
"Aboriginal place" means any place declared to be an Aboriginal place under
section 84.
"Aboriginal remains" means the body or the remains of the body of a deceased
Aboriginal person, but does not include-- (a) a body or the remains of a body
buried in a cemetery in which non-Aboriginal persons are also buried, or
(b)
a body or the remains of a body dealt with or to be dealt with in accordance
with a law of the State relating to medical treatment or the examination, for
forensic or other purposes, of the bodies of deceased persons.
"Act of 1967" means the National Parks and Wildlife Act 1967 .
"adaptive reuse" of a building or structure on land means the modification of
the building or structure and its curtilage to suit an existing or proposed
use, and that use of the building or structure, but only if-- (a) the
modification and use is carried out in a sustainable manner, and
(b) the
modification and use are not inconsistent with the conservation of the natural
and cultural values of the land, and
(c) in the case of a building or
structure of cultural significance, the modification is compatible with the
retention of the cultural significance of the building or structure.
"advisory committee" means an advisory committee constituted under this Act.
"amphibian" means any frog or other member of the class amphibia that is
native to Australia and includes the eggs and the young thereof and the skin
or any other part thereof.
"animal" means any animal, whether vertebrate or invertebrate, and at whatever
stage of development, but does not include fish within the meaning of the
Fisheries Management Act 1994 other than amphibians or aquatic or amphibious
mammals or aquatic or amphibious reptiles.
"approval" includes a consent, licence or permission and any form of
authorisation.
"authorised officer" means the Secretary or a person appointed as an
authorised officer for the time being under section 156B.
"bird" means any bird that is native to, or is of a species that periodically
or occasionally migrates to, Australia, and includes the eggs and the young
thereof and the skin, feathers or any other part thereof.
"board of management" means a board of management established under Division 6
of Part 4A.
"carbon sequestration right" --see section 82A(2).
"commencement day" means the day appointed and notified under section 2 (2).
"community service" includes the supply, provision or maintenance of access
roads, parking areas or mooring areas, an electricity, gas or water service
and a sewerage or garbage disposal service.
"conservation agreement" means an agreement entered into under Division 12 of
Part 4.
"conservation area" means land subject to a conservation agreement.
"Council" means the National Parks and Wildlife Advisory Council constituted
under this Act.
"Crown lands" means-- (a) Crown land within the meaning of the
Crown Land Management Act 2016 , and
(b) those parts of the seabed and of the
waters beneath which it is submerged that are within the territorial
jurisdiction of New South Wales and not within the Eastern Division described
in the Second Schedule to the Crown Lands Consolidation Act 1913 (as in force
immediately before its repeal).
"damage" in relation to habitat (including critical habitat) includes damage
by the removal or relocation of the habitat or a part of the habitat.
"deal" , in carbon sequestration rights, includes acquire, hold, sell or trade
in the rights.
"Department" means the Department of Planning and Environment.
"ecological community" has the same meaning as in the
Threatened Species Conservation Act 1995 .
"egg" includes any part of an egg or eggshell.
"endangered ecological community" means an endangered or critically
endangered ecological community within the meaning of the Threatened Species
Conservation Act 1995 .
"endangered population" means an endangered population within the meaning of
the Threatened Species Conservation Act 1995 .
"endangered species" means an endangered or critically endangered species
within the meaning of the Threatened Species Conservation Act 1995 .
"exercise" a function includes perform a duty.
"ex-officio ranger" means a person who, by the operation of section 16, is a
ranger by virtue of the person's office.
"explosive" means an explosive within the meaning of the Explosives Act 2003
.
"fauna" means any mammal, bird, reptile or amphibian.
"flora reserve" means a flora reserve within the meaning of the Forestry Act
2012 .
"function" includes a power, authority or duty.
"Fund" means the National Parks and Wildlife Fund referred to in section 137.
"habitat" includes habitat periodically or occasionally occupied by a species,
population or ecological community.
"harm" an animal (including an animal of a threatened species, population or
ecological community) includes hunt, shoot, poison, net, snare, spear, pursue,
capture, trap, injure or kill, but does not include harm by changing the
habitat of an animal.
"harm" an object or place includes any act or omission that-- (a) destroys,
defaces or damages the object or place, or
(b) in relation to an
object--moves the object from the land on which it had been situated, or
(c)
is specified by the regulations, or
(d) causes or permits the object or place
to be harmed in a manner referred to in paragraph (a), (b) or (c),
but does
not include any act or omission that-- (e) desecrates the object or place, or
(f) is trivial or negligible, or
(g) is excluded from this definition by the
regulations.
"historic site" means lands reserved as a historic site under this Act.
"honorary ranger" means a person appointed as an honorary ranger under this
Act.
"interim protection order" means an order made under Part 6A.
"intertidal zone" means the area between mean high water mark and mean low
water mark.
"karst conservation reserve" means lands dedicated as a
karst conservation reserve under this Act.
"karst environment" means an area of land, including subterranean land, that
has developed in soluble rock through the processes of solution, abrasion or
collapse, together with its associated bedrock, soil, water, gases and
biodiversity.
"lands of the Crown" means lands vested in a Minister of the Crown or in a
public authority.
"local council" means the council of a local government area.
"mammal" means any mammal, whether native, introduced or imported, and
includes an aquatic or amphibious mammal, the eggs and the young of a mammal,
and the skin or any other part of a mammal, but does not include any
introduced or imported domestic mammal or any rat or mouse not native to
Australia.
"management principles" , in relation to land reserved under this Act, means
the management principles set out in Division 2 of Part 4 for the land.
"minerals" includes coal, shale and petroleum.
"modified natural area" means an area of land where the native vegetation
cover has been substantially modified or removed by human activity (other than
activity relating to bush fire management or wild fire) and that is identified
in a plan of management as not being appropriate for or capable of
restoration.
"motor vehicle" means a motor car, motor carriage, motor cycle or other
apparatus propelled on land, snow or ice wholly or partly by volatile spirit,
steam, gas, oil or electricity.
"national park" means lands reserved as a national park under this Act.
"National Parks and Wildlife Conservation Trust" means the
National Parks and Wildlife Conservation Trust established under section 93.
"National Parks and Wildlife Reserve Trust" means the
National Parks and Wildlife Reserve Trust as reconstituted by section 9 of the
National Park Estate (Land Transfers) Act 1998 .
"national parks legislation" means each of the following Acts and the
regulations under those Acts-- (a) this Act,
(c) Wilderness Act 1987 ,
(d)
Marine Estate Management Act 2014 .
"native plant" means any tree, shrub, fern, creeper, vine, palm or plant that
is native to Australia, and includes the flower and any other part thereof.
"nature reserve" means lands dedicated as a nature reserve under this Act.
"officer of the Service" means a person referred to in section 6.
"owner" , in relation to lands, includes every person who jointly or
severally, whether at law or in equity-- (a) is entitled to the lands for any
estate of freehold in possession,
(b) is a person to whom the Crown has
lawfully contracted to sell the lands under the Crown Land Management Act
2016 or any other Act relating to the alienation of lands of the Crown, or
(c) is entitled to receive, or is in receipt of, or if the lands were let to a
tenant would be entitled to receive, the rents and profits thereof, whether as
beneficial owner, trustee, mortgagee in possession or otherwise.
"pick" a plant (including a native plant, a protected native plant and a plant
that is of, or is part of, a threatened species, population or
ecological community) includes gather, pluck, cut, pull up, destroy, poison,
take, dig up, crush, trample, remove or injure the plant or any part of the
plant.
"plan of management" means a plan of management under Part 5.
"plant" includes fungi and lichen.
"population" has the same meaning as in the
Threatened Species Conservation Act 1995 .
"premises" includes building, store, shop, tent, hut or other structure, or
place, whether built upon or not, or any part thereof.
"prescribed" means prescribed by this Act or the regulations.
"principles of ecologically sustainable development" means the
principles of ecologically sustainable development described in section 6 (2)
of the Protection of the Environment Administration Act 1991 .
"prohibited weapon" means-- (a) a gun, rifle, weapon or other article-- (i)
from which a bullet, shot or other hurtful thing or material may be
discharged, whether by an explosive or by any other means whatever, or
(ii)
that is designed to be used to discharge, whether by an explosive or by any
other means whatever, a dart or other thing or material containing, coated or
impregnated with a drug or other substance, for the purpose of tranquillising
or immobilising an animal by means of the administration to the animal of the
drug or other substance,
and any telescopic sight, silencer or other accessory
attached to the gun, rifle, weapon or article,
(b) any other weapon
prescribed for the purposes of this paragraph, and
(c) an article or device
that, but for the absence of, or a defect in, some part thereof, or some
obstruction therein, would be a gun, rifle, weapon or article referred to in
paragraph (a) or a weapon prescribed for the purposes of paragraph (b).
"prospect" means search for any mineral by any means and carry out such works
and remove such samples as may be necessary to test the mineral bearing
qualities of land.
"protected fauna" means a protected animal within the meaning of the
Biodiversity Conservation Act 2016 .
"protected native plant" means a native plant of a species named or referred
to in Schedule 13.
"public authority" means a public or local authority constituted by or under
an Act, a Public Service agency or a statutory body representing the Crown.
"public register" means the public register kept under section 188F.
"regional advisory committee" means an advisory committee constituted under
section 24 (2).
"regional park" means land reserved as a regional park under this Act.
"regional park trust" means a regional park trust established under
section 47S.
"registered native title claimant" has the same meaning as it has in the
Native Title Act 1993 of the Commonwealth.
"regulations" means regulations under this Act.
"reptile" means a snake, lizard, crocodile, tortoise, turtle or other member
of the class reptilia (whether native, introduced or imported), and includes
the eggs and the young thereof and the skin or any other part thereof.
"Secretary" means the Secretary of the Department.
"sell" includes-- (a) auction, barter, exchange or supply,
(b) offer, expose,
supply or receive for sale,
(c) send, forward or deliver for sale or on sale,
(d) dispose of under a hire-purchase agreement,
(e) cause, permit or suffer
the doing of an act referred to in paragraph (a), (b), (c) or (d),
(f) offer
or attempt to do an act so referred to,
(g) cause, permit or suffer to be
sold,
(h) attempt to sell or offer to sell, or
(i) have in possession for
sale.
"Service" means the National Parks and Wildlife Service as referred to in
section 6.
"skin" , in relation to fauna, means the whole or part of the integument of
any fauna, whether dressed or tanned or otherwise processed, but does not
include any manufactured article.
"species" has the same meaning as in the Threatened Species Conservation Act
1995 .
"specified" , in relation to a licence or other instrument under this Act,
means specified in the licence or other instrument.
"state conservation area" means land reserved as a state conservation area
under this Act.
"state conservation area trust" means a state conservation area trust
established under section 47GA in respect of Cape Byron
State Conservation Area.
"State forest" means a State forest within the meaning of the Forestry Act
2012 .
"sustainable" , in relation to visitor or tourist use and enjoyment of land,
means sustainable within the meaning of the
principles of ecologically sustainable development.
"threatened species" has the same meaning as in the Threatened Species
Conservation Act 1995 .
"threatened species, populations and ecological communities" and
"threatened species, population or ecological community" have the same
meanings as in the Threatened Species Conservation Act 1995 .
"threatening process" has the same meaning as in the Threatened Species
Conservation Act 1995 .
"timber reserve" means a timber reserve within the meaning of the
Forestry Act 2012 .
"trust board" means a trust board established under-- (a) section 47GB in
respect of a state conservation area trust, or
(b) section 47T in respect of
a regional park trust.
"Valuer-General" means the valuer-general appointed under the
Valuation of Land Act 1916 .
"vehicle" includes-- (a) a boat or other object that, while floating on water
or submerged, whether wholly or partly, under water, is wholly or partly used
for the conveyance of persons or things,
(b) an apparatus that, while
propelled, or directed or controlled, in the air by human or mechanical power
or by the wind, is wholly or partly used for the conveyance of persons or
things,
(c) a motor vehicle,
(d) an apparatus propelled, or directed or
controlled, upon land, snow or ice by human or animal power or by the wind,
and
(e) a trailer or caravan, whether or not it is in the course of being
towed.
"wild" , in relation to any species of fauna, means not domesticated.
"wild river" means a river declared to be a wild river under this Act.
"wilderness area" means land (including subterranean land) that is reserved
under this Act and is declared to be a wilderness area under the
Wilderness Act 1987 .
"wilderness protection agreement" has the same meaning as it has in the
Wilderness Act 1987 .
"wildlife" means fauna and native plants.
"wildlife refuge" means lands declared to be a wildlife refuge under this Act.
"world heritage property" means property of outstanding universal value that
is inscribed on the World Heritage List under Article 11 of the Convention for
the Protection of the World Cultural and Natural Heritage done at Paris on 23
November 1972, as in force in Australia.
"world heritage values" means natural, heritage and cultural values contained
in a world heritage property that are of outstanding universal value as
described by the Convention for the Protection of the World Cultural and
Natural Heritage done at Paris on 23 November 1972, as in force in Australia.
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 the Minister administering the Crown Land Management Act 2016
is-- (a) in relation to lands that are not within an area that was an
irrigation area within the meaning of the Crown Lands Act 1989 immediately
before its repeal--a reference to the Minister administering the
Crown Land Management Act 2016 , or
(b) in relation to lands that are within
such an irrigation area--a reference to the Minister administering the
Water Management Act 2000 .
(2A) In this Act, a reference to a person
convicted of an offence includes a reference to a person in respect of whom an
order under section 10 of the Crimes (Sentencing Procedure) Act 1999 is made
after the commencement of this subsection.
(5) In this Act, a reference to
sustainable visitor or tourist use and enjoyment includes a reference to
appropriate public recreation.
(6) Nothing in this Act shall be construed as
operating to affect the law from time to time in force with respect to the
navigation of the waters referred to in paragraph (b) of the definition of
"Crown lands" in subsection (1).
(7) Before a regulation is made under
paragraph (c) or (g) of the definition of
"harm" in subsection (1), the Minister is required to ensure, as far as is
reasonably practicable, that-- (a) a notice is to be published in a daily
newspaper circulating throughout New South Wales-- (i) stating the objects of
the proposed regulation, and
(ii) advising where a copy of the regulation may
be obtained or inspected, and
(iii) inviting comments and submissions within
a specified time, but not less than 28 days from publication of the notice,
and
(b) consultation is to take place with the Aboriginal Cultural Heritage
Advisory Committee, and
(c) all the comments and submissions received are to
be appropriately considered.
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