220BDefinitions

#### 220B Definitions 220B Definitions > > (1) In this Part— > > > > critical habitat means habitat declared to be critical habitat under Division 3. > > > > critically endangered ecological community means an ecological community specified in Part 2 of Schedule 4A. > > > > critically endangered species means a species specified in Part 1 of Schedule 4A. > > > > critically endangered species and ecological communities means species and ecological communities specified in Schedule 4A and critically endangered species or ecological community means a species or ecological community respectively specified in that Schedule. > > > > ecological community means an assemblage of species of fish or marine vegetation (or both) occupying a particular area. > > > > endangered ecological community means an ecological community specified in Part 3 of Schedule 4. > > > > endangered population means a population specified in Part 2 of Schedule 4. > > > > endangered species means a species specified in Part 1 of Schedule 4. > > > > endangered species, populations and ecological communities means species, populations and ecological communities specified in Schedule 4 and endangered species, population or ecological community means a species, population or ecological community respectively specified in that Schedule. > > > > environmental planning instrument or EPI means an environmental planning instrument under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > > fish means any fish indigenous to New South Wales. > > > > Fisheries Scientific Committee means the Fisheries Scientific Committee constituted under Division 9. > > > > harm means— > > > > > (a) in the case of fish—take, injure or otherwise harm the fish, or > > > > > (b) in the case of marine vegetation—gather, cut, pull up, destroy, poison, dig up, remove, injure or otherwise harm the marine vegetation, or any part of it, > > > > but in any such case does not include harm by changing the habitat of the fish or marine vegetation. > > > > joint management agreement means an agreement entered into under Division 8. > > > > key threatening process means a threatening process specified in Schedule 6. > > > > land includes— > > > > > (a) land covered with water, whether regularly or intermittently, and > > > > > (b) the sea or an arm of the sea, and > > > > > (c) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or not, and > > > > > (d) a river, stream or watercourse, whether tidal or not. > > > > landholder of land means a person who owns land or who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of land. > > > > list means a list set out in Schedules 4–6, and includes a list in one or more of those Schedules that does not contain any entries. > > > > local strategic plan means a local strategic plan approved under Part 4 of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051). > > > > marine vegetation means any marine vegetation indigenous to New South Wales. > > > > NPW Act means the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080). > > > > NRC means the Natural Resources Commission established under the [Natural Resources Commission Act 2003](/view/html/inforce/current/act-2003-102). > > > > population means a group of organisms, all of the same species of fish or marine vegetation, occupying a particular area. > > > > Priorities Action Statement means a Threatened Species Priorities Action Statement under Division 5A. > > > > public authority means a public authority (as defined in section 4), and includes a person exercising any function on behalf of the authority and any person prescribed by the regulations to be a public authority. > > > > recovery plan means a recovery plan prepared and approved under Division 5. > > > > species means a species of fish or marine vegetation, and includes any defined sub-species and taxon below a sub-species and any recognisable variant of a sub-species or taxon. > > > > species impact statement means a statement referred to in Subdivision 2 of Division 6 and includes an environmental impact statement, prepared under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), that contains a species impact statement. > > > > species presumed extinct means a species specified in Part 4 of Schedule 4. > > > > threat abatement plan means a threat abatement plan prepared and approved under Division 5. > > > > threatened ecological community means an ecological community specified in Part 3 of Schedule 4, Part 2 of Schedule 4A or Part 2 of Schedule 5. > > > > threatened species means a species specified in Part 1 (Endangered species) or 4 (Species presumed extinct) of Schedule 4, Part 1 (Critically endangered species) of Schedule 4A or Part 1 (Vulnerable species) of Schedule 5. > > > > threatened species, populations and ecological communities means species, populations and ecological communities specified in Schedules 4, 4A and 5 and threatened species, population or ecological community means a species, population or ecological community respectively specified in any of those Schedules. > > > > Threatened Species Scientific Committee means the Scientific Committee constituted under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063). > > > > threatening process means a process that threatens, or that may threaten, the survival or evolutionary development of species, populations or ecological communities of fish or marine vegetation. > > > > vulnerable ecological community means an ecological community specified in Part 2 of Schedule 5. > > > > vulnerable species means a species specified in Part 1 of Schedule 5. > > > (2) A reference in this Part to fish or marine vegetation indigenous to New South Wales is a reference to fish or marine vegetation of a species that was established in New South Wales before European settlement. > > > (3) A reference in this Part to New South Wales includes a reference to the coastal waters of the State. > > Note. > > Coastal waters of the State is defined in section 58 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). Generally speaking, coastal waters extend to the waters of the sea within 3 nautical miles of the coast. > > **s 220B:** Ins 1997 No 153, Sch 1 \[9\]. Am 2002 No 78, Sch 2.2 \[1\]; 2004 No 88, Sch 2 \[1\]–\[5\]; 2010 No 59, Sch 2.33 \[3\]; 2013 No 51, Sch 7.17 \[1\]; 2016 No 63, Sch 11.2 \[3\]–\[5\].