South Australian Current Acts

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 5

5—Interpretation

In this Act, unless the contrary intention appears—

"Aboriginal" means of, or pertaining to, the people who inhabited Australia before European colonisation or their descendants;

"Aboriginal-owned land" means land the fee simple in which is vested in—

            (a)         the Aboriginal Lands Trust; or

            (b)         a body that represents the interests of the relevant Aboriginal group;

"Aboriginal person" means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent;

"Adelaide Dolphin Sanctuary" has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005 ;

"aircraft" includes a glider or balloon capable of carrying a person;

"appointed member" in relation to the Council means a member of the Council appointed by the Governor under Part 2 Division 2;

"animal" includes any species of animal;

"carcass" of an animal means the whole or any part of—

            (a)         the flesh or internal organs of the animal; or

            (b)         the feathers, wool, hair, skin or hide of the animal; or

            (c)         the bones, horns or hooves of the animal;

"the Chief Executive" means the person appointed to, or assigned to act in, the position of Chief Executive of the Department;

"co-managed park" means a national park or conservation park in relation to which a co-management agreement is in force under Part 3;

"co-management advisory committee" means a co-management advisory committee under section 43F(2a)(b)(ii);

"co-management agreement" means a co-management agreement under Division 6A of Part 3;

"co-management board" for a co-managed park means a board established under Division 6A of Part 3, or under any other Act, to manage the co-managed park;

"conservation park" means land constituted, and for the time being continuing, as a conservation park under Part 3;

"controlled species" means a species of animal declared to be a controlled species pursuant to this Act;

"Council" means the Parks and Wilderness Council established under section 15;

"Crown land" means—

            (a)         unalienated land of the Crown; or

            (b)         land held by a Minister, agent or instrumentality of the Crown on behalf of the Crown;

"day" means any period of 24 hours, commencing at midnight;

"the Department" means the administrative unit that is responsible for the administration of this Act;

"device" means any trap, net, snare or other device for taking or facilitating the taking of animals and includes any substance that can be used for that purpose;

"Director" means the person for the time being holding, or acting in, the office of Director of National Parks and Wildlife (see section 11A) ;

"egg" includes any part of an egg or egg shell;

"endangered species" means a species of animal or plant referred to in Schedule 7;

"firearm" includes any device from which any kind of shot, bullet, or other missile can be discharged;

"forest reserve" means a forest reserve within the meaning of the Forestry Act 1950 ;

"game reserve" means land constituted, and for the time being continuing, as a game reserve under Part 3;

"land" includes waters;

"marine mammal" means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea);

"mining Act" means the Mining Act 1971, the Offshore Minerals Act 2000 , the Opal Mining Act 1995 , the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982 ;

"mining production tenement" means—

            (a)         a mining lease, or a miscellaneous purposes licence, granted under the Mining Act 1971 ;

            (ab)         a registered precious stones claim or a registered opal development lease registered under the Opal Mining Act 1995 ;

            (b)         a production licence or a pipeline licence granted under the Petroleum Act 2000 ;

            (c)         a production licence, or pipeline licence, granted under the Petroleum (Submerged Lands) Act 1982 ;

            (d)         a mining licence (or a works licence for activities that are directly connected with activities that are carried out, or are to be carried out under a mining licence) under the Offshore Minerals Act 2000 ;

"mining tenement" means a claim, lease, licence, permit or other authority granted under a mining Act;

"minor alterations or additions to a public road" means alterations or additions by way of realignment or reforming of a public road that are desirable in the interests of safety;

"Murray-Darling Basin" has the same meaning as in the Murray-Darling Basin Act 1993 ;

"national park" means land constituted, and for the time being continuing, as a national park under Part 3;

"native plant" means any plant that is indigenous to Australia and includes any plant of a species declared by regulation to be a native plant;

"owner" in relation to land, means the holder of any estate or interest in the land, and includes—

            (a)         the occupier of the land; or

            (b)         a person to whom the care, control and management of the land has been committed;

"plant" means vegetation of any species including—

            (a)         its flowers; or

            (b)         its seeds; or

            (c)         any other part of the vegetation;

"premises" includes vacant land;

"private land" means any land except Crown land;

"prohibited species" means a species of animal declared to be a prohibited species pursuant to this Act;

"protected animal" means—

            (a)         any mammal, bird or reptile indigenous to Australia; or

            (b)         any migratory mammal, bird or reptile that periodically or occasionally migrates to, and lives in, Australia; or

            (c)         any animal of a species referred to in Schedule 7, 8 or 9; or

            (d)         any animal of a species declared by regulation to be a species of protected animals,

but does not include animals of the species referred to in Schedule 10 or any animals declared by regulation to be unprotected;

"public notice" means notice published on a website determined by the Minister;

"public road" means a road—

            (a)         to which the public has access; and

            (b)         which is under the control of the Commissioner of Highways or a council constituted under the Local Government Act 1999 ;

"rare species" means a species of animal or plant referred to in Schedule 9;

"recreation park" means land constituted, and for the time being continuing, as a recreation park under Part 3;

"relevant Aboriginal group", in relation to particular land, means an Aboriginal group or community with a traditional association with that land;

"relevant mining Minister" in relation to a mining tenement means the Minister administering the Act under which the tenement is granted;

"reserve" means any national park, conservation park, game reserve, recreation park or regional reserve constituted under this Act;

"River Murray Protection Area" means a River Murray Protection Area under the River Murray Act 2003 ;

"sell" means—

            (a)         sell, barter or exchange;

            (b)         agree or offer to sell, barter or exchange;

            (c)         receive, expose, store, have in possession, send, consign or deliver for or in pursuance of sale, barter or exchange,

and "sale" has a corresponding meaning;

"take"—

            (a)         with reference to an animal, includes any act of hunting, catching, restraining, killing or injuring, and any act of attempting or assisting to hunt, catch, restrain, kill or injure; and

            (b)         with reference to a plant means—

                  (i)         to remove the plant or part of the plant, from the place in which it is growing; or

                  (ii)         to damage the plant;

"to hunt" means to take any mammal or bird that has not been domesticated or brought into captivity;

"traditional association", in relation to particular land, means an association with that land consisting of social, economic or spiritual affiliations with, and responsibilities for, the land in accordance with Aboriginal tradition;

"vehicle" includes—

            (a)         a caravan or trailer;

            (b)         an aircraft;

            (c)         a ship, boat or vessel;

"vulnerable species" means a species of animal or plant referred to in Schedule 8;

"warden" means a person for the time being holding the office of warden under this Act;

"wilderness protection area" means land constituted as a wilderness protection area under the Wilderness Protection Act 1992 ;

"wilderness protection zone" means land constituted as a wilderness protection zone under the Wilderness Protection Act 1992 ;

"wildlife" means all native plants and animals indigenous to Australia existing apart from cultivation or domestication.