frisk search has the meaning given by subsection 413(3).
genetic resources means any material of plant, animal, microbial or other origin that contains functional units of heredity and that has actual or potential value for humanity.
goods has the meaning given by section 443.
Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975.
Great Barrier Reef Marine Park Authority means the Great Barrier Reef Marine Park Authority established by the Great Barrier Reef Marine Park Act 1975.
Greater Sunrise special regime area has the meaning given by subsection 5(5).
habitat means the biophysical medium or media:
(a) occupied (continuously, periodically or occasionally) by an organism or group of organisms; or
(b) once occupied (continuously, periodically or occasionally) by an organism, or group of organisms, and into which organisms of that kind have the potential to be reintroduced.
heritage value of a place includes the place’s natural and cultural environment having aesthetic, historic, scientific or social significance, or other significance, for current and future generations of Australians.
holder means:
(a) in the case of a permit issued under Chapter 5—the person to whom the permit was issued or transferred, as the case may be; or
(b) in the case of an approval under Part 9:
(i) the person named in the approval under paragraph 133(2)(c); or
(ii) if the approval is transferred under section 145B—the person to whom the approval is transferred; or
(c) in the case of an approval under section 146B:
(i) the person named in the approval under paragraph 146B(2)(ba); or
(ii) if the approval is transferred under section 145B (as applied by section 146DD)—the person to whom the approval is transferred; or
(d) in the case of a marine park permission—the person who is the holder of the permission under regulations made under the Great Barrier Reef Marine Park Act 1975.
impact has the meaning given by section 527E.
important cetacean habitat area means an area declared, by a declaration in force under subsection 228A(1), to be an important cetacean habitat area.
Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development means the Committee established by section 505C.
Indigenous Advisory Committee means the Committee established by section 505A.
indigenous heritage value of a place means a heritage value of the place that is of significance to indigenous persons in accordance with their practices, observances, customs, traditions, beliefs or history.
indigenous people’s land has the meaning given by subsection 363(3).
indigenous person has the meaning given by subsection 363(4).
indigenous tradition has the meaning given by section 201.
inspector means:
(a) a person appointed as an inspector under section 396;
(b) a person who is an inspector because of section 397; or
(c) a person who is an inspector because of an arrangement entered into under section 398.
interested person has the meaning given by section 475.
interfere with a cetacean has the meaning given by subsection 229B(4).
IUCN category has the meaning given by subsection 346(1).
JAMBA means the Agreement between the Government of Japan and the Government of Australia for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment done at Tokyo on 6 February 1974, 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 1981 No. 6.
jointly managed reserve has the meaning given by subsection 363(5).
Kakadu National Park has the meaning given by subsection 387(3).
Kakadu region has the meaning given by subsection 386(1).
keep a cetacean or member of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community means:
(a) in the case of a cetacean, or a species of animal or community of animals—have charge or possession of the cetacean or member, either in captivity or in a domesticated state; and
(b) in the case of a species of plant or community of plants—have possession of the member.
key threatening process means a threatening process included in the list referred to in section 183.
land has the meaning given by subsection 345(2).
land council for indigenous people’s land has the meaning given by subsection 363(2).
large coal mining development means any coal mining activity that has, or is likely to have, a significant impact on water resources (including any impacts of associated salt production and/or salinity):
(a) in its own right; or
(b) when considered with other developments, whether past, present or reasonably foreseeable developments.
large‑scale disposal facility for radioactive waste has a meaning affected by subsection 22(2).
list includes a list containing no items.
listed marine species means a marine species included in the list referred to in section 248.
listed migratory species means a migratory species included in the list referred to in section 209.
listed threatened ecological community means an ecological community included in the list referred to in section 181.
listed threatened species means a native species included in the list referred to in section 178.
List of Overseas Places of Historic Significance to Australia means the record referred to in section 390K.
live animal includes animal reproductive material.
live plant includes plant reproductive material.
longfin mako shark means the listed migratory species with the common name longfin mako shark and the scientific name Isurus paucus.
magistrate means a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of New South Wales or of the Local Court of the Northern Territory.
management arrangement includes:
(a) a management plan; and
(b) a regime; and
(c) a policy.
master of a foreign whaling vessel has the meaning given by subsection 236(5).
matter protected by a provision of Part 3 has the meaning given by section 34.
member includes:
(a) in relation to a species of animal (other than a species of cetacean):
(i) any part of an animal of the species; and
(ii) any animal reproductive material of an animal of the species, or any part of such reproductive material; and
(iii) the whole or any part of the dead body of an animal of the species; and
(b) in relation to a species of plant:
(i) any part of a plant of the species; and
(ii) any plant reproductive material of a plant of the species, or any part of such reproductive material; and
(iii) the whole or any part of a plant of the species that has died; and
(c) in relation to an ecological community:
(i) any part of an animal or plant of the community; and
(ii) any animal reproductive material of an animal, or plant reproductive material of a plant, of the community, or any part of such animal reproductive material or plant reproductive material; and
(iii) the whole or any part of an animal or plant of the community that has died.
migration zone has the same meaning as in the Migration Act 1958.
migratory species has the meaning given by subsection 209(8).
mineral has the meaning given by subsection 355(3).
mining operations has the meaning given by subsection 355(2).
monitoring power relating to premises has the meaning given by section 407.
monitoring warrant has the meaning given by section 409.
national of a foreign country has the meaning given by subsection 5(5).
national environmental standard means a national environmental standard made under subsection 514YD(1).
National Heritage criteria has the meaning given by subsection 324D(1).
National Heritage List means the list referred to in section 324C.
National Heritage management principles has the meaning given by section 324Y.
National Heritage place has the meaning given by subsection 324C(3).
National Heritage value has the meaning given by section 324D.
national interest exemption has the meaning given by subsection 157H(1).
native amphibian means an amphibian of a native species.
native animal means an animal of a native species.
native bird means a bird of a native species.
native mammal means a mammal of a native species.
native plant means a plant of a native species.
native reptile means a reptile of a native species.
native species means a species:
(a) that is indigenous to Australia or an external Territory; or
(b) that is indigenous to the seabed of the coastal sea of Australia or an external Territory; or
(c) that is indigenous to the continental shelf; or
(d) that is indigenous to the exclusive economic zone; or
(e) members of which periodically or occasionally visit:
(i) Australia or an external Territory; or
(ii) the exclusive economic zone; or
(f) that was present in Australia or an external Territory before 1400.
Note: A reference to Australia or an external Territory includes a reference to the coastal sea of Australia or the Territory. See section 15B of the Acts Interpretation Act 1901.
nuclear action has the meaning given by subsection 22(1).
nuclear installation has the meaning given by subsection 22(1).
occupier of premises means the person apparently in charge of the premises.
officer assisting, in relation to a warrant, means:
(a) an authorised officer who is assisting in executing the warrant; or
(b) a person who is not an authorised officer, but who has been authorised by the relevant executing officer to assist in executing the warrant.
officer of Customs has the same meaning as it has in the Customs Act 1901.
ordinary search has the meaning given in subsection 414(3).
organism includes:
(a) a virus; and
(b) the reproductive material of an organism; and
(c) an organism that has died.
Part 13 exemption has the meaning given by subsection 302A(1).
place includes:
(a) a location, area or region or a number of locations, areas or regions; and
(b) a building or other structure, or group of buildings or other structures (which may include equipment, furniture, fittings and articles associated or connected with the building or structure, or group of buildings or structures); and
(c) in relation to the protection, maintenance, preservation or improvement of a place—the immediate surroundings of a thing in paragraph (a) or (b).
plant means a member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes a part of a plant and plant reproductive material.
plant reproductive material means:
(a) a seed or spore of a plant; or
(b) a cutting from a plant; or
(c) any other part, or product, of a plant from which another plant can be produced.
population of a species or ecological community means an occurrence of the species or community in a particular area.
porbeagle shark means the listed migratory species with the common name porbeagle shark and the scientific name Lamna nasus.
precautionary principle has the meaning given by subsection 391(2).
premises includes a place, vehicle, vessel and aircraft.
prescribed waters means waters in respect of which regulations made for the purposes of section 226 are in force.
primary commercial fishing vessel 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 to take fish for commercial purposes; or
(b) a vessel that is used to take fish for commercial purposes.
principles of ecologically sustainable development has a meaning affected by section 3A.
progeny includes:
(a) in relation to an animal—any animal reproductive material of that animal or of any progeny of that animal; and
(b) in relation to a plant—any plant reproductive material of that plant or of any progeny of that plant; and
(c) in relation to a live animal that is animal reproductive material—any animal resulting from that material or any progeny of such animal; and
(d) in relation to a live plant that is plant reproductive material—any plant resulting from that material or any progeny of such plant.
To avoid doubt, a reference in this Act to progeny of an animal or a plant includes a reference to any descendant of that animal or plant.
protected information has the meaning given by subsection 515B(2).
radioactive waste has the meaning given by subsection 22(1).
Ramsar Convention means the Convention on Wetlands of International Importance especially as Waterfowl Habitat done at Ramsar, Iran, on 2 February 1971, 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 1975 No. 48.
range of a species means the area where members of the species live, feed, breed or visit periodically or regularly.
ranger means a person holding an appointment as a ranger under Part 17.
recovery plan means a plan made or adopted under section 269A.
regulated live specimen has the meaning given by section 303EA.
regulated native specimen has the meaning given by section 303DA.
relevant impacts of an action has the meaning given by section 82.
relevant information has the meaning given by subsection 515B(1).
remediation determination means a determination, as in force from time to time, made under section 480D.
remediation order means an order, as in force from time to time, made under section 480A.
reprocessing has the meaning given by subsection 22(1).
responsible person for a policy, plan or program means the person responsible from time to time for the adoption or implementation of the policy, plan or program.
Scientific Committee means the Threatened Species Scientific Committee established by section 502.
seabed has the meaning given by subsection 345(2).
Secretary means the Secretary of the Department that:
(a) deals with the matter to which the provision containing the reference relates; and
(b) is administered by the Minister administering the provision.
seized has a meaning affected by section 406B.
self‑governing Territory means:
(a) the Australian Capital Territory; or
(b) the Northern Territory.
shortfin mako shark means the listed migratory species with the common name shortfin mako shark and the scientific name Isurus oxyrinchus.
species means a group of biological entities that:
(a) interbreed to produce fertile offspring; or
(b) possess common characteristics derived from a common gene pool;
and includes:
(c) a sub‑species; and
(ca) for the purposes of Part 13A—a distinct population of such biological entities; and
(d) except for the purposes of Part 13A—a distinct population of such biological entities that the Minister has determined, under section 517, to be a species for the purposes of this Act.
In this definition, the purposes of Part 13A:
(a) include the purposes of the definitions of CITES I species, CITES II species and CITES III species; and
(b) do not include determining the meaning of the expression listed threatened species when used in Part 13A.
specific environmental authorisation has the meaning given by section 43A.
specimen has the meaning given by section 527A.
spent nuclear fuel has the meaning given by subsection 22(1).
statement of expectations: see subsection 510B(1).
statement of intent: see subsection 510C(1).
State or Territory government body means:
(a) a Department of State of a State or Territory; or
(b) an agency of a State or Territory; or
(c) an authority of a State or Territory.
subsidiary of a body corporate has a meaning affected by section 526.
sub‑species means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species.
take, except in Part 13A, includes:
(a) in relation to an animal—harvest, catch, capture and trap; and
(b) in relation to a plant—harvest, pick, gather and cut.
Note: For the meaning of take in Part 13A, see section 303BC.
taxon means any taxonomic category (for example, a species or a genus), and includes a particular population.
terms of reference:
(a) in relation to an inquiry under Division 7 of Part 8—has the meaning given by paragraph 107(1)(b); and
(b) in relation to an assessment under Division 3 of Part 15B—has the meaning given by paragraph 390SH(1)(b).
territorial sea means the territorial sea (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).
threat abatement plan means a plan made or adopted under section 270B.
threatening process has the meaning given by subsection 188(3).
trade:
(a) when used in the context of a reference to a member of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community—includes:
(i) buy the member, agree to receive it under an agreement to buy, agree to accept it under such an agreement or acquire it by barter; or
(ii) sell the member, offer it for sale, agree to sell it, have it in possession for the purpose of sale, deliver it for the purpose of sale, receive it for the purpose of sale or dispose of it by barter for the purpose of gain or advancement; or
(iii) export the member from Australia or an external Territory or import it into Australia or an external Territory; or
(iv) cause or allow any of the acts referred to in subparagraph (i), (ii) or (iii) to be done; or
(b) when used in the context of a reference to a cetacean (not being a reference that covers a cetacean because a cetacean is a member referred to in paragraph (a))—has the meaning given by subsection 229B(4).
traditional owners of indigenous people’s land has the meaning given by subsection 368(4).
treat a cetacean has the meaning given by subsection 229D(3).