Northern Territory Consolidated Acts

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TERRITORY PARKS AND WILDLIFE CONSERVATION ACT - SECT 9

Interpretation

    (1)     In this Act:

"Aboriginal" means a member of the Aboriginal race of Australia.

"Aboriginal land" has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976 .

"Aboriginal Land Council" means the Aboriginal Land Council established under section 21 of the Aboriginal Land Rights (Northern Territory) Act 1976 for the area that contains the particular area of Aboriginal land.

Aboriginal tradition has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth.

"aircraft" means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, and includes a glider or hang-glider but does not include a hovercraft.

"animal" means a member of the animal kingdom other than man, whether dead or alive, and includes:

        (a)     vertebrates;

        (b)     invertebrates;

        (c)     protistans;

        (d)     the progeny of an animal, including larvae, pupae, an animal in an egg or any other embryonic form;

        (e)     a part of an animal, including an exudate, a secretion or reproductive material; and

        (f)     a chemical or other extract derived from an animal.

"area of essential habitat" means an area of land declared to be an area of essential habitat under section 37.

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

"classification" means a classification of the conservation status of wildlife prescribed under section 28(1).

"commercial purpose", in relation to an animal or plant, means the keeping, breeding, displaying, moving or other dealing with or use of the animal or plant for the purposes of selling, trading or bartering with the animal or plant or of otherwise earning a livelihood or making a profit, and includes the use of the animal or plant for scientific purposes.

"Commission" means the Commission within the meaning of the Parks and Wildlife Commission Act .

"conservation officer" means a person appointed to be a conservation officer under section 92.

"co-operative management agreement" means an agreement entered into by the Commission under section 35.

"Corporation" means the Conservation Land Corporation within the meaning of the Parks and Wildlife Commission Act .

"Crown land" means land:

        (a)     held by the Territory for an estate in fee simple; or

        (b)     in respect of which neither a lease granted by the Territory is in force nor an estate in fee simple has been granted by the Territory.

"Director" means the Director within the meaning of the Parks and Wildlife Commission Act .

"feral animal" means a species of animal or an animal of a species of animal that is declared to be a feral animal under section 47.

"honorary conservation officer" means:

        (a)     a person appointed to be an honorary conservation officer under section 92; or

        (b)     a person who is an honorary conservation officer by virtue of section 93.

"hovercraft" means a vehicle designed to be supported on a cushion of air.

"indigenous to Australia", in relation to animals or plants, includes:

        (a)     migratory animals that periodically or occasionally migrate to or visit Australia or the coastal waters of Australia; and

        (b)     animals or plants introduced into Australia (including the coastal waters of Australia), directly or indirectly, by Aboriginals before the year 1788.

"indigenous to the Territory", in relation to animals or plants, includes:

        (a)     migratory animals that periodically or occasionally visit the Territory or the coastal waters within the jurisdictional limits of the Territory; and

        (b)     animals or plants introduced into the Territory (including the coastal waters of the Territory), directly or indirectly, by Aboriginals before the year 1788.

"interfere with", in relation to an animal or a plant, means to:

        (a)     harm, disturb, alter the behaviour of or otherwise affect the capacity of the animal or plant to perform its natural processes; or

        (b)     damage or destroy the habitat of the animal or plant.

"land" includes the sea above any part of the sea bed of the Territory.

"management program" means a wildlife management program, or a management program in respect of feral animals or prohibited entrants, formulated and implemented under section 32.

"member" means a member of the Commission.

"minerals" means:

        (a)     any of the minerals mentioned in section 9 of the Mineral Titles Act ; or

        (ab)     any of the extractive minerals mentioned in section 10 of the Mineral Titles Act ; or

        (b)     petroleum, within the meaning of the Petroleum Act ; or

        (c)     petroleum, within the meaning of the Petroleum (Submerged Lands) Act .

"mining interest" means:

        (a)     a mineral title as defined in section 11(1) of the Mineral Titles Act ; or

        (ab)     a non-compliant existing interest as defined in section 204(1) of the Mineral Titles Act ; or

        (b)     a licence or permit, within the meaning of the Petroleum Act , or a licence or permit granted under the Petroleum (Prospecting and Mining) Act 1954-1981 and kept in force by virtue of section 119 of the Petroleum Act ; or

        (c)     an access authority, special prospecting authority, lease, licence or permit, within the meaning of the Petroleum (Submerged Lands) Act .

operations for the recovery of minerals includes prospecting or exploration for minerals.

"park" means a park declared under section 12.

"permit" means a permit granted under section 56.

"Place Names Committee" means the Place Names Committee for the Northern Territory established under the Place Names Act .

"plan of management" means a plan of management in force under section 18.

"plant" means a member of the plant kingdom or the fungus kingdom, whether dead or alive, and includes:

        (a)     algae and lichen;

        (b)     procaryotes;

        (c)     a virus and a virus like particle;

        (d)     the seeds, pollen or spores of a plant or a plant at any other stage of its life history;

        (e)     a part of a plant including an exudate or a secretion; and

        (f)     a chemical or other extract derived from a plant.

"Police Force" or Police Force of the Territory means the Police Force of the Northern Territory within the meaning of the Police Administration Act .

"private land" means any land which is not Crown land.

"progeny" means the offspring of an animal and includes live ova and live sperm and an animal in an egg or in an embryonic form.

"prohibited entrant" means a species of animal or plant or an animal of a species of animal or a plant of a species of plant that is a prohibited entrant under section 52 or 53.

"protected wildlife" means a species of wildlife or an animal or plant of a species of wildlife that is protected wildlife under section 43.

"reserve" means a reserve declared under section 12.

"sanctuary" means a sanctuary declared by or under section 25A.

"State" means a State of Australia.

"sustainable use", in relation to wildlife, means the taking or using of wildlife at a level that is capable of being continued without endangering the capacity of the wildlife to maintain itself and sustain its natural processes.

"take" means:

        (a)     in relation to an animal – to hunt, catch, restrain or kill, or attempt or assist to hunt, catch, restrain or kill, the animal; and

        (b)     in relation to a plant – to sever, remove, damage or destroy, or assist to sever, remove, damage or destroy, the plant.

"this Act" includes the Regulations.

"threatened wildlife" means a species of wildlife or an animal or plant of a classification or species of wildlife that the Minister identifies as threatened wildlife under section 30.

"traffic sign" means a sign displayed on, above or adjacent to a road or public place, being a sign which gives or a combination of signs which together give a direction to traffic, and includes a mark made upon a road.

"unprotected wildlife" means a species of wildlife or an animal or plant of a species of wildlife that is not protected wildlife.

"vehicle" includes a hovercraft.

"vertebrate" means an animal that is:

        (a)     a mammal;

        (b)     a bird;

        (c)     a reptile; or

        (d)     an amphibian.

"vessel" means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, but does not include a hovercraft.

"wilderness zone" means a wilderness zone declared under section 12.

"wildlife" means:

        (a)     animals and plants that are indigenous to Australia;

        (b)     animals and plants that are indigenous to the Australian coastal sea or the sea-bed and subsoil beneath that sea;

        (c)     migratory animals that periodically or occasionally visit Australia or the Australian coastal sea;

        (d)     animals and plants of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788; and

        (e)     such other animals and plants as are prescribed.

    (2)     In this Act, a reference to the sea-bed includes a reference to the surface of any coral formation, and a reference to the subsoil includes a reference to the coral beneath the surface of any such formation.

    (3)     In this Act, a reference to public notice is a reference to notice published:

        (a)     in the Gazette ;

        (b)     in a local newspaper, if any, circulating in the area concerned; and

        (c)     in a newspaper circulating throughout the Territory.

    (3A)     In this Act, a reference to a species of wildlife is a reference to a species, subspecies, population or subpopulation of wildlife, and includes a reference to a hybrid or variant race of a species of wildlife.

    (4)     The Minister may, by notice in the Gazette , declare land to be a park or reserve for the purposes of the Petroleum Act , Petroleum (Submerged Lands) Act or section 73 of the Mineral Titles Act.

    (5)     The Minister shall not, under subsection (4), declare land to be a park or reserve unless he has the agreement of the minister administering the relevant Act to that land being so declared.



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