(ii) if the Territory is the Australian Capital Territory—the Governor‑General acting in relation to the Australian Capital Territory; or
(iii) if the Territory is the Northern Territory—the Administrator of the Territory; or
(iv) a Minister of the State or Territory;
otherwise than by or under a law of the State or Territory.
aggravated offence:
(a) in Subdivision B of Division 1 of Part 13—has the meaning given by section 196F; and
(b) in Subdivision B of Division 2 of Part 13—has the meaning given by section 211F; and
(c) in Subdivision B of Division 4 of Part 13—has the meaning given by section 254F.
aircraft means an apparatus that can derive support in the atmosphere from the reactions of the air.
animal means any member, alive or dead, of the animal kingdom (other than a human being).
animal reproductive material means:
(a) an embryo, an egg or sperm of an animal; or
(b) any other part, or product, of an animal from which another animal could be produced.
Antarctic has the same meaning as in the Antarctic Treaty (Environment Protection) Act 1980.
Apia Convention means the Convention on Conservation of Nature in the South Pacific, done at Apia, Western Samoa, on 12 June 1976, as amended and in force for Australia from time to time.
Note: The English text of the Convention is set out in Australian Treaty Series 1990 No. 41.
approval means:
(a) in relation to an action:
(i) an approval of the taking of the action under subsection 133(1); or
(ii) an approval of the taking of the action under subsection 146B(1) in accordance with an endorsed policy, plan or program; or
(b) in relation to a class of actions—an approval of the taking of the class of actions under subsection 146B(1) in accordance with an endorsed policy, plan or program.
approved conservation advice has the meaning given by subsection 266B(2).
article includes a substance or a mixture of substances.
artificially propagated, in relation to a plant or plant reproductive material, has the meaning given by section 527C.
assess an action includes assess the impacts that the action:
(a) has or will have; or
(b) is likely to have.
assessment report has the meaning given by subsection 130(2).
Australian aircraft has the meaning given by subsection 5(5).
Australian Biosphere reserve management principles has the meaning given by section 340.
Australian Heritage Council means the body established by the Australian Heritage Council Act 2003.
Australian IUCN reserve management principles has the meaning given by subsection 348(1).
Australian jurisdiction has the meaning given by subsection 5(5).
Australian national has the meaning given by subsection 5(5).
Australian permanent resident has the meaning given by subsection 5(5).
Australian Ramsar management principles has the meaning given by section 335.
Australian vessel has the meaning given by subsection 5(5).
Australian Whale Sanctuary has the meaning given by subsection 225(2).
Australian World Heritage management principles has the meaning given by section 323.
authorisation process means a process set out in a law of the Commonwealth or a State or Territory under which actions are authorised.
authorised officer means:
(a) a warden; or
(b) an inspector.
baggage has the meaning given by section 443.
bilateral agreement has the meaning given by subsection 45(2).
bilaterally accredited authorisation process has the meaning given by subsection 46(2A).
bilaterally accredited management arrangement has the meaning given by subsection 46(2).
biodiversity means the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part) and includes:
(a) diversity within species and between species; and
(b) diversity of ecosystems.
Biodiversity Convention means the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992, as amended and in force for Australia from time to time.
Note: The English text of this Convention is set out in Australian Treaty Series 1993 No. 32.
biological resources includes genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity.
bioregional assessment, in relation to an area, means the scientific analysis of the ecology, hydrology and geology of the area for the purpose of assessing the potential direct and indirect impacts of unconventional gas development or large coal mining development on water resources in the area, including any impacts of associated salt production and/or salinity.
bioregional plan means a bioregional plan for a bioregion as mentioned in section 176.
Biosphere reserve has the meaning given by section 337.
Board means a Board established under section 377.
Bonn Convention means the Convention on the Conservation of Migratory Species of Wild Animals done at Bonn on 23 June 1979, as amended and in force for Australia from time to time.
Note: The English text of the Convention is set out in Australian Treaty Series 1991 No. 32.
bred in captivity, in relation to an animal or animal reproductive material, has the meaning given by section 527B.
CAMBA means the Agreement between the Government of Australia and the Government of the People’s Republic of China for the protection of Migratory Birds and their Environment done at Canberra on 20 October 1986, as amended and in force for Australia from time to time.
Note: The English text of the Agreement is set out in Australian Treaty Series 1988 No. 22.
cetacean means a member of the sub‑order Mysticeti or Odontoceti of the Order Cetacea, and includes:
(a) a part of such a member; and
(b) any animal reproductive material of such a member, or any part of such reproductive material; and
(c) any product derived from such a member; and
(d) the whole or part of the dead body of such a member; and
(e) any product derived from the dead body, or part of the dead body, of such a member.
CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on 3 March 1973, as amended and in force for Australia from time to time.
Note: The English text of the Convention is set out in Australian Treaty Series 1976 No. 29.
CITES I specimen has the meaning given by subsection 303CA(2).
CITES II specimen has the meaning given by subsection 303CA(3).
CITES III specimen has the meaning given by subsection 303CA(4).
CITES specimen has the meaning given by subsection 303CA(1).
civil penalty provision has the meaning given by section 482.
coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.
coastal waters of a State or the Northern Territory has the meaning given by section 227.
commercial fishing activity has the meaning given by subsection 390SC(1A).
commissioner means a person holding an appointment under paragraph 107(1)(a).
Commonwealth agency means:
(a) a Minister; or
(b) a body corporate established for a public purpose by a law of the Commonwealth; or
(c) a body corporate established by a Minister otherwise than under a law of the Commonwealth; or
(d) a company in which the whole of the shares or stock, or shares or stock carrying more than one‑half of the voting power, is or are owned by or on behalf of the Commonwealth; or
(e) a body corporate that is a subsidiary of:
(i) a body or company referred to in paragraph (b), (c) or (d); or
(ii) a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a Commonwealth agency for the purposes of this definition; or
(f) a person holding, or performing the duties of:
(i) an office established by or under a law of the Commonwealth (except a judicial office or office of member of a tribunal); or
(ii) an appointment made under a law of the Commonwealth (except an appointment to a judicial office or office of member of a tribunal); or
(g) a person holding, or performing the duties of, an appointment made by the Governor‑General, or by a Minister, otherwise than under a law of the Commonwealth;
but does not include:
(h) a person holding an office established by or under any of the following Acts, or holding an appointment made under any of them:
(i) the Northern Territory (Self‑Government) Act 1978;
(ii) the Norfolk Island Act 1979;
(iii) the Australian Capital Territory (Self‑Government) Act 1988; or
(i) any of the following:
(i) an Aboriginal Land Trust, or an Aboriginal Land Council, established under the Aboriginal Land Rights (Northern Territory) Act 1976;
(ii) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006;
(iii) the Wreck Bay Aboriginal Community Council established by the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986; or
(j) a company prescribed by the regulations for the purposes of this paragraph.
Commonwealth aircraft has the meaning given by section 403.
Commonwealth area has the meaning given by section 525.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth Heritage criteria has the meaning given by subsection 341D(1).
Commonwealth Heritage List means the list referred to in section 341C.
Commonwealth Heritage management principles has the meaning given by section 341Y.
Commonwealth Heritage place has the meaning given by subsection 341C(3).
Commonwealth Heritage value has the meaning given by section 341D.
Commonwealth land has the meaning given by section 27.
Commonwealth marine area has the meaning given by section 24.
Commonwealth reserve means a reserve declared under Division 4 of Part 15.
Commonwealth ship has the meaning given by section 403.
components of biodiversity has the meaning given by subsection 171(3).
conservation agreement means an agreement made under section 305.
conservation dependent: a native species may be included in the conservation dependent category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.
conservation dependent species means a listed threatened species that is included in the conservation dependent category of the list referred to in section 178.
conservation order means an order made under section 464 (with variations (if any) under section 466 or 469).
conservation zone means a Commonwealth area that is declared to be a conservation zone under Division 5 of Part 15.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
continental shelf means:
(a) the continental shelf (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories); or
(b) the Greater Sunrise special regime area.
continuation of a use of land, sea or seabed has the meaning given by section 43B.
control: a Commonwealth agency controls a place only if the agency has rights (whether arising under a law, lease, licence or otherwise) to:
(a) occupy or use the place; and
(b) take actions in relation to the place that could potentially have an impact on heritage values that the place may have.
controlled action has the meaning given by section 67.
controlling provision has the meaning given by section 67.
convict a person of an offence has a meaning affected by section 527.
copy, when used in relation to a warrant issued under section 409 or 416 (or a form of warrant completed under subsection 409A(6) or 416(6)), includes:
(a) a copy sent by fax or other electronic means; or
(b) a copy of a copy so sent.
country includes a place that is a territory, dependency or colony (however described) of a foreign country.
critical habitat for a listed threatened species or a listed threatened ecological community has the meaning given by subsection 207A(4).
critically endangered:
(a) a native species may be included in the critically endangered category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13; and
(b) an ecological community may be included in the critically endangered category of the list of threatened ecological communities in accordance with Subdivision A of Division 1 of Part 13.
daily newspaper means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published, whether or not the newspaper is ordinarily published on other days.
declaration affected person has the meaning given by subsection 390SE(3).
declared commercial fishing activity has the meaning given by subsection 390SC(1).
declared Ramsar wetland has the meaning given by section 17.
declared State or Territory means a State or self‑governing Territory that is declared by the Minister under section 505E.
declared World Heritage property has the meaning given by section 13.
designated proponent of an action means the person designated under Division 2 of Part 7 as the proponent of the action.
directed environmental audit has the meaning given by subsection 460(4).
Director means the Director of National Parks referred to in section 514A.
Director of Biosecurity has the same meaning as in the Biosecurity Act 2015.
dory means:
(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used in association with a primary commercial fishing vessel; or
(b) a vessel that is used in association with a primary commercial fishing vessel.
Note: A dory might also be known as a tender commercial fishing vessel.
ecological character has the meaning given by subsection 16(3).
ecological community means the extent in nature in the Australian jurisdiction of an assemblage of native species that:
(a) inhabits a particular area in nature; and
(b) meets the additional criteria specified in the regulations (if any) made for the purposes of this definition.
ecologically sustainable use of natural resources means use of the natural resources within their capacity to sustain natural processes while maintaining the life‑support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.
ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.
eligible seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
endangered:
(a) a native species may be included in the endangered category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13; and
(b) an ecological community may be included in the endangered category of the list of threatened ecological communities in accordance with Subdivision A of Division 1 of Part 13.
environment includes:
(a) ecosystems and their constituent parts, including people and communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas; and
(d) heritage values of places; and
(e) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b), (c) or (d).
environmental authorisation has the meaning given by section 43A.
environmental authority has the meaning given by subsection 458(4).
environmental law means:
(a) this Act; or
(b) the regulations; or
(c) the Great Barrier Reef Marine Park Act 1975; or
(d) regulations made under the Great Barrier Reef Marine Park Act 1975.
environmental penalty provision means:
(a) a civil penalty provision under this Act; or
(b) a civil penalty provision under the Great Barrier Reef Marine Park Act 1975.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
evidential material has the meaning given by subsection 406(2).
exclusive economic zone means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).
executing officer, in relation to a warrant, means:
(a) the authorised officer named in the warrant as being responsible for executing the warrant; or
(b) if that authorised officer does not intend to be present at the execution of the warrant—another authorised officer whose name has been written in the warrant by the authorised officer so named; or
(c) another authorised officer whose name has been written in the warrant by the authorised officer last named in the warrant.
executive officer of a body corporate has the meaning given by section 493.
extinct: a native species may be included in the extinct category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.
extinct in the wild: a native species may be included in the extinct in the wild category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.
Federal Court means the Federal Court of Australia.
Federal Register of Legislation means the Federal Register of Legislation established under the Legislation Act 2003.
fish has the same meaning as in the Fisheries Management Act 1991.
Fisheries Minister means the Minister administering the Fisheries Management Act 1991.
fishing has the same meaning as in the Fisheries Management Act 1991.
fishing activity has the meaning given by subsection 390SC(2).
fishing concession has the same meaning as in the Fisheries Management Act 1991.
foreign whaling vessel has the meaning given by subsection 236(5).