3Interpretation

#### 3 Interpretation (1) In this Act, unless the contrary intention appears: > aggravated contravention has the meaning given by section 38GB. > aggravated offence has the meaning given by section 38GA. > agreement includes a treaty or convention. > aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft. > amendment, in relation to a plan of management, means an amendment of such a plan that is prepared under section 39ZG. > animal means any member, alive or dead, of the animal kingdom (other than man), and includes: (a) eggs or parts of eggs; and (b) the skin, feathers, shell or any other part of an animal. > ART means the Administrative Review Tribunal. > Australian jurisdiction has the meaning given by subsection 5(4). > Australian resident means: (a) a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or (b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or (c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law. > Authority means the Great Barrier Reef Marine Park Authority established by this Act. > CEO means the Chief Executive Officer of the Authority. > Chairperson means the Chairperson of the Authority. > charge means charge imposed by: (a) the Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993; or (b) the Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993. > chargeable permission means a permission granted under the regulations, where the permission is of a kind declared by the regulations to be a chargeable permission for the purposes of this Act. > civil penalty provision has the meaning given by section 61AID. > class vessel monitoring direction has the meaning given by subsection 61AAA(7). > community group having a special interest has a meaning affected by section 39V. > compulsory pilotage area means any part of the Great Barrier Reef Region that is prescribed by the regulations. > conduct has the same meaning as in the Criminal Code. > corporate Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013. > declaration of contravention means a declaration made under section 61AIA. > discharge, in relation to waste, means release the waste, however the release is caused, and includes any escape, disposal, depositing, spilling, leaking, pumping, emitting or emptying of the waste. > 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. > ecologically sustainable use has the meaning given by section 3AA. > ecosystem‑based management means an integrated approach to managing an ecosystem and matters affecting that ecosystem, with the main object being to maintain ecological processes, biodiversity and functioning biological communities. > emergency direction has the meaning given by subsection 61ACA(2). > enforceable direction has the meaning given by subsection 61ADA(2). > enforcement provision, in relation to a plan of management or an amendment of a plan of management, has the meaning given by subsection 39ZD(5) or by that subsection as it has effect because of subsection 39ZG(2), as the case may be. > engage in conduct has the same meaning as in the Criminal Code. > environmental management means: (a) environmental management; (b) natural resource management; (c) park management (including aquarium management and zoo management); or (d) any similar matter. > executive officer, of a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body. > farming facility means a facility for the farming of marine resources. > Federal Court means the Federal Court of Australia. > fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles. > fishing means any of the following: (a) taking fish; (b) attempting to take fish; (c) engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with taking, or attempting to take, fish. > geological storage operations means: (a) operations to inject and store a gas substance in part of a geological formation; or (b) operations preparing for or incidental to operations mentioned in paragraph (a). > Great Barrier Reef Region means: (a) the area described in Schedule 1; and (b) such area (if any) contiguous with the northern boundary of that area as is prescribed; other than any part of such an area that is referred to in section 14 of the Seas and Submerged Lands Act 1973 or is an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth. > Great Barrier Reef World Heritage Area means the area described in Schedule 1. > hovercraft means a vehicle designed to be supported on a cushion of air. > Indigenous person means a person who is: (a) a member of the Aboriginal race of Australia; or (b) a descendant of an Indigenous inhabitant of the Torres Strait Islands. > individual vessel monitoring direction has the meaning given by subsection 61AAA(2). > inspector means: (a) a person appointed as an inspector under subsection 43(1); or (b) a person referred to in section 44. > landing area means an area for the landing of aircraft. > late payment penalty means an amount payable under subsection 39G(1), (1A) or (1B). > Marine Park means the Great Barrier Reef Marine Park established by this Act. > master means a person having command or charge of a vessel. > member means a member of the Authority. > member of the governing body of a relevant interest group has the meaning given by subsection 10(10). > minerals means minerals in any form, whether solid, liquid or gaseous and whether organic or inorganic. > mining operations: (a) means operations or activities connected with, or incidental to, the mining or recovery of minerals; and (b) includes prospecting for or exploring for minerals. > mitigate, in relation to damage, includes prevent further damage. > navigate without a pilot has the meaning given by subsections (5) and (6). > offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act. > official has the meaning given by the Public Governance, Performance and Accountability Act 2013. > oil has the same meaning as in Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. > oil tanker means a vessel fitted with cargo spaces that are constructed and used to carry oil in bulk of a total capacity of at least 200 cubic metres. > overall length has the meaning given by subsection (7) or (8). > owner, in relation to a vessel, has the meaning given by subsection (9) or (10). > paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). > part‑time member means a member appointed under subsections 10(2) and (2A). > pecuniary penalty order means an order referred to in subsection 61AIC(2). > pilot means a person: (a) who does not belong to, but has the conduct of, a vessel; and (b) who is licensed or registered under a prescribed law of the Commonwealth, a State or a Territory. > pilot’s certificate means a certificate issued by a pilot under section 59E. > plan of management means a plan of management for the Marine Park that is prepared in accordance with Part VB. > plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants. > port has the same meaning as in the Navigation Act 2012. > precautionary principle means the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage. > 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 use has the meaning given by section 3AB. > prohibited: conduct in a zone is prohibited if the conduct is neither: (a) for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission; nor (b) for a purpose that, under the zoning plan for the zone, requires permission. > protected species means any of the following: (a) a cetacean; (b) a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species; (c) a species of marine mammal, bird or reptile that is prescribed as endangered wildlife, vulnerable wildlife or rare wildlife under the Nature Conservation Act 1992 of Queensland; (d) a species declared by the regulations to be a protected species for the purposes of this definition; (e) a species declared by the regulations to be a strictly protected species for the purposes of this definition. > public notice means a notice published: (a) in the Gazette; and (b) in a newspaper circulating generally in Queensland; and (c) on the website of the Authority; and (d) in such other manner (if any) as the Authority considers appropriate. > reef includes bommie fields, reef slopes, moats and ramparts. > regulated ship means any kind of vessel: (a) that is 70 metres or longer in overall length; or (b) that is a loaded: (i) oil tanker; or (ii) chemical carrier; or (iii) liquefied gas carrier; other than: (c) a vessel belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia; or (d) a vessel in respect of which an exemption under section 59F is in force. > remediation order has the meaning given by subsection 61AHA(1). > reviewable decision has the meaning given by subsection 64(3). > take, in relation to an animal or plant, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, interfere with and obtain. > this Act includes the regulations. > traditional owner means an Indigenous person: (a) who is recognised in the Indigenous community or by a relevant representative Aboriginal or Torres Strait Islander body: (i) as having spiritual or cultural affiliations with a site or area in the Marine Park; or (ii) as holding native title in relation to that site or area; and (b) who is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area. > unzoned area means that part (if any) of the Marine Park in respect of which no zoning plan is in force. > vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, and includes a hovercraft. > vessel monitoring direction means an individual vessel monitoring direction or a class vessel monitoring direction. > vessel monitoring system means a system in which vessels are fitted with an electronic device that can provide information about the vessels’ course or position, or other such information. > waste means any of the following: (a) oil within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; (b) noxious liquid substances within the meaning of Part III of that Act; (c) packaged harmful substances within the meaning of Part IIIA of that Act; (d) sewage within the meaning of Part IIIB of that Act; (e) garbage within the meaning of Part IIIC of that Act; (f) mixtures where the oil content is greater than 15 parts in 1,000,000 parts; (g) any other matter that is declared by the regulations to be waste for the purposes of this definition. > zone means a zone created by a zoning plan (whether designated in the plan as a zone, area or some other designation). > zoning plan means a zoning plan prepared in accordance with Division 2 of Part V. (1A) In this Act, the following terms have the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999: > approved conservation advice > Australian aircraft > Australian IUCN reserve management principles > Australian vessel > biodiversity > bioregional plan > cetacean > critical habitat > ecological community > ecosystem > environment > heritage value > IUCN category > key threatening process > listed marine species > listed migratory species > listed threatened ecological community > listed threatened species > recovery plan > species > threat abatement plan > wildlife conservation plan > World Heritage Convention > world heritage values (2) In this Act, a reference to the sea‑bed includes a reference to the surface of any coral formation, and a reference to the sub‑soil includes a reference to the coral beneath the surface of any such formation. (4) A reference in this Act (other than in this subsection) to an offence against a provision of this Act includes a reference to an offence against: (a) section 6 of the Crimes Act 1914; or (b) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence against a provision of this Act. (5) Subject to subsection (6), a vessel navigates without a pilot if it does not have a pilot on board navigating it. (6) If: (a) apart from this subsection, a vessel navigates without a pilot; and (b) the vessel is being towed by another vessel that is navigating with a pilot; the vessel under tow is to be treated as if it were navigating with a pilot. (7) Subject to subsection (8), the overall length of a vessel is 110% of the length as shown on the vessel’s load‑line certification. (8) If the overall length of a vessel cannot be worked out under subsection (7), the length is taken to be the distance between: (a) a vertical line passing through a point that is the foremost part of the stem; and (b) a vertical line passing through a point that is the aftermost part of the stern. (9) Subject to subsection (10), owner, in relation to a vessel, means the person or each of the persons who are registered as owner of the vessel on the registration certificate granted: (a) by the Registrar of Ships under section 19 of the Shipping Registration Act 1981; or (aa) under a law of a State or Territory; or (b) by a foreign registrar of ships. (10) If the owner of a vessel does not operate the vessel, a reference in this Act to the owner of the vessel includes a reference to a person who is a party to an agreement with the owner under which the person, or the person and the owner, may determine the activities for which the vessel is used.