CATCHMENT AND LAND PROTECTION ACT 1994

Victorian Current Acts

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CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 3

Definitions

(1) In this Act—

S. 3(1) def. of Aboriginal person inserted by No. 23/2019 s. 118(2).

"Aboriginal person" has the same meaning as the Aboriginal Heritage Act 2006 ;

S. 3(1) def. of Adminis-trative Appeals Tribunal repealed by No. 52/1998
s. 311(Sch. 1 item 12.1).

* * * * *

S. 3(1) def. of animal inserted by No. 48/2010 s. 3.

"animal "means any animal (other than a human being), whether vertebrate or not, and includes—

(a) mammals, birds, insects, reptiles, amphibians, fish, crustaceans and molluscs; and

(b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being); and

S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 77.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of approved roadside weed and pest animal management plan inserted by No. 51/2013 s. 4(2).

"approved roadside weed and pest animal management plan" means the roadside weed and pest animal management plan approved by the Minister under section 22G;

S. 3(1) def. of authorised officer substituted by No. 68/2016 s. 159.

"authorised officer "means a person appointed to be an authorised officer for the purposes of this Act under—

(a) Part 9 of the Conservation, Forests and Lands Act 1987 ; or

(b) Part 3 of the Victorian Fisheries Authority Act 2016 ;

S. 3(1) def. of Authority inserted by No. 39/1998
s. 3(a), substituted by No. 48/2021 s. 118(2).

"Authority" means the following—

(a) a Catchment Management Authority established under Part 2;

(b) Melbourne Water Corporation;

S. 3(1) def. of Board repealed by No. 39/1998
s. 3(c).

* * * * *

"catchment" means an area which, through run-off or percolation, contributes to the water in a stream or stream system;

"catchment management" means the co-ordinated management of land and water resources, using catchments as a basis;

"controlled pest animal" means a controlled pest animal under Part 8;

S. 3(1) def. of Council amended by No. 39/1998
s. 3(b), repealed by No. 48/2021 s. 109.

* * * * *

"Crown land" has the same meaning as in the Conservation, Forests and Lands Act 1987 and includes land of the Crown managed by the Minister or the Secretary;

S. 3(1) def. of declared area inserted by No. 17/2018 s. 6.

"declared area" has the same meaning as in the Planning and Environment Act 1987 ;

"Department" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

S. 3(1) def. of determination of native title inserted by No. 23/2019 s. 118(2).

"determination of native title" has the same meaning as in section 225 of the Native Title Act 1993 of the Commonwealth;

S. 3(1) def. of directions notice inserted by No. 67/2006
s. 3.

"directions notice" means a notice under section 70B;

S. 3(1) def. of domestic partner inserted by No. 85/2006 s. 149, substituted by No. 12/2008 s. 73(1)(Sch. 1 item 5.1).

"domestic partner" of a person in sections 18H and 18L means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 3(1) def. of emergency inserted by No. 51/2013 s. 4(2).

"emergency" has the same meaning as in section 4(1) of the Emergency Management Act 1986 ;

"established pest animal" means an established pest animal under Part 8;

"farm animal" means an animal farmed commercially for its meat, its skin or anything else produced by it;

"function" includes duty and power;

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 77.

"Great Ocean Road coast and parks" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 77.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 77.

"Great Ocean Road region" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 77.

"Great Ocean Road scenic landscapes area" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 7.1(a)).

"Head, Transport for Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;

S. 3(1) def. of land amended by No. 63/2006 s. 61(Sch. item 5.1).

"land" includes soil, water, vegetation and fauna on land but excludes a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990 and petroleum;

"land degradation" means—

(a) a decline in the quality or productive capacity of land; or

(b) the infestation of land by noxious weeds or pest animals;

"land management notice", except in Division 1 of Part 5, means a land management notice under Division 1 or an interim land management notice under Division 2 of that Part;

S. 3(1) def. of land owner amended by Nos 35/1998
s. 12(1), 85/1998 s. 24(Sch. item 8), 12/2004 s. 151(1), 51/2013 s. 4(1), 49/2019 s. 186(Sch. 4 item 7.1(b)).

"land owner" means—

(a) the registered proprietor of an estate in fee simple in land under the Transfer of Land Act 1958 ; or

(b) the owner in fee simple of land alienated by the Crown and—

(i) in an identified folio under the Transfer of Land Act 1958 ; or

(ii) not under the Transfer of Land Act 1958 —

and not mortgaged; or

(i) in an identified folio under the Transfer of Land Act 1958 ; or

(ii) not under the Transfer of Land Act 1958 ; or

* * * * *

(e) the occupier, under a lease, licence or other right, of Crown land; or

(f) the Head, Transport for Victoria, if land is a freeway or an arterial road within the meaning of the Road Management Act 2004 ; or

(g) the Director within the meaning of the National Parks Act 1975 , for Crown land in a national park or park within the meaning of that Act; or

(ga) the municipal council, if the land is a municipal road in the municipal district of that municipal council; or

(h) for Crown land that is not referred to in paragraphs (e) to (ga) and that is managed by a Minister or public authority, that Minister or public authority;

"land protection" means measures intended to maintain or enhance the quality or productive capacity of land or protect it from infestation by pest animals or noxious weeds;

"land use condition" means a condition imposed under Division 3 of Part 4;

S. 3(1) def. of Melbourne Water Corporation inserted by No. 23/2019 s. 118(1).

"Melbourne Water Corporation" has the same meaning as in the Water Act 1989 ;

S. 3(1) def. of municipal council inserted by No. 51/2013 s. 4(2), amended by No. 9/2020 s. 390(Sch. 1 item 11).

"municipal council" has the same meaning as Council in section 3(1) of the Local Government Act 2020 ;

S. 3(1) def. of municipal district inserted by No. 51/2013 s. 4(2), amended by No. 9/2020 s. 390(Sch. 1 item 11).

"municipal district" has the same meaning as in section 3(1) of the Local Government Act 2020 ;

S. 3(1) def. of municipal road inserted by No. 51/2013 s. 4(2).

"municipal road" has the same meaning as in section 3(1) of the Road Management Act 2004 ;

S. 3(1) def. of native title holder inserted by No. 23/2019 s. 118(2).

"native title holder" has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;

S. 3(1) def. of nominated officer inserted by No. 85/2006 s. 149.

"nominated officer" means each senior officer of an Authority who is nominated by the board of an Authority;

"noxious weed" means—

(a) a State prohibited weed; or

(b) a regionally prohibited weed; or

(d) a restricted weed;

"pest animal" means—

(a) a restricted pest animal; or

(b) an established pest animal;

S. 3(1) def. of Pest Animal Advisory Committee repealed by No. 39/1998
s. 3(c).

* * * * *

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 13.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of Port Phillip and Westernport Region inserted by No. 48/2021 s. 118(1).

"Port Phillip and Westernport Region" means the area determined by the Governor in Council under section 10(1)(a) to be the catchment and land protection region known as the Port Phillip and Westernport Region, as varied by variations under section 10(1)(b) (if any);

"primary production" means agriculture, apiculture, aquaculture, forestry or horticulture;

S. 3(1) def. of priority area inserted by No. 67/2006
s. 3.

"priority area" means an area declared to be a priority area under section 47A;

S. 3(1) def. of priority area notice inserted by No. 67/2006
s. 3.

"priority area notice" means a notice under section 47A;

"prohibited pest animal" means a prohibited pest animal under Part 8;

"public authority" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

S. 3(1) def. of recognition and settlement agreement inserted by No. 23/2019 s. 118(2).

"recognition and settlement agreement" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

"region" means a catchment and land protection region under Part 2;

"regional catchment strategy" means a regional catchment strategy under Division 1 of Part 4;

"regionally controlled weed" means a regionally controlled weed under Part 8;

"regionally prohibited weed" means a regionally prohibited weed under Part 8;

"regulated pest animal" means a regulated pest animal under Part 8;

S. 3(1) def. of relative inserted by No. 85/2006 s. 149.

relative has the same meaning as in the Water Act 1989 ;

"restricted pest animal" means—

(a) a prohibited pest animal; or

(b) a controlled pest animal; or

"restricted weed" means a restricted weed under Part 8;

S. 3(1) def. of return period inserted by No. 85/2006 s. 149.

"return period", in relation to the ordinary return of a member of the Authority or a nominated officer in section 18L, means—

(a) if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or

(b) if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June;

"road" includes—

(a) public highway, street, lane, footway, square, court, alley or right of way, whether a thoroughfare or not and whether accessible to the public generally or not; and

(b) land reserved or proclaimed as a street or road under the Crown Land (Reserves) Act 1978 or the Land Act 1958 ;

"roadside" means—

(a) if a road is sealed, formed or graded, the area between the made surface of the road and the boundary of the land adjoining the road; or

(b) in the case of an unmade road on land alienated in fee simple by the Crown or Crown land occupied under a lease or licence, the land so alienated or occupied; or

S. 3(1) def. of roadside weed and pest animal management plan inserted by No. 51/2013 s. 4(2).

"roadside weed and pest animal management plan" means the plan referred to in section 22A;

"Secretary" means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987 ;

"sell" includes any of the following—

(a) barter or exchange;

(b) agree to sell or offer or expose for sale;

(d) have in possession for sale;

(e) send, forward or deliver for sale;

(f) advertise for sale;

(g) sell for re-sale;

(h) cause, permit or attempt any of the acts or things mentioned in paragraphs (a) to (g);

(i) give away;

"special area plan" means a special area plan under Division 2 of Part 4;

"special water supply catchment area" means land declared to be a special water supply catchment area under Division 2 of Part 4;

S. 3(1) def. of specified Aboriginal party inserted by No. 23/2019 s. 118(2).

"specified Aboriginal party", in relation to an area, means any of the following—

(a) if there are native title holders for the whole or part of the area, the native title holders;

(b) if there is a traditional owner group entity appointed for the whole or part of the area and that traditional owner group entity is a party to a recognition and settlement agreement, the traditional owner group entity;

(c) if there is a registered Aboriginal party within the meaning of the Aboriginal Heritage Act 2006 for the whole or part of the area, the registered Aboriginal party;

"State prohibited weed" means a State prohibited weed under Part 8;

S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 6.

"Statement of Planning Policy" has the same meaning as in the Planning and Environment Act 1987 ;

S. 3(1) def. of subordinate instrument inserted by No. 85/2006 s. 149.

"subordinate instrument" has the same meaning as in the Interpretation of Legislation Act 1984 ;

S. 3(1) def. of traditional owner group entity inserted by No. 23/2019 s. 118(2).

"traditional owner group entity" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

"water resources" means the quality, quantity, or rate of flow, of water;

S. 3(1) def. of waterway amended by No. 49/2017 s. 69(1).

"waterway" has the same meaning as in the Water Act 1989 ;

S. 3(1) def. of waterway management district inserted by No. 23/2019 s. 118(1).

waterway management district has the same meaning as in the Water Act 1989 ;

S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 69(2).

Yarra protection principles has the
same meaning as in the Yarra River Protection (Wilip-gin Birrarung
murron) Act 2017 ;

S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 69(2).

"Yarra River land" has the same meaning
as in the Yarra River Protection
(Wilip-gin Birrarung murron)
Act 2017 ;

S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 69(2).

"Yarra Strategic Plan" has the same meaning as in the Yarra River Protection
(Wilip-gin Birrarung murron)
Act 2017 ;

S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 69(2).

Yarra Strategic Plan area has the same
meaning as in the Yarra River
Protection (Wilip-gin Birrarung
murron) Act 2017 .

S. 3(2) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 5.2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

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