3Interpretation

### 3 Interpretation > > (1)  In this Act, unless the contrary intention appears –[*\[Section 3 Subsection (1) amended by No. 18 of 2021, s. 292, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS292@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 18 of 2021, s. 292, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS292@EN) ***Appeal Tribunal*** means the Tasmanian Civil and Administrative Tribunal; > > > > > ***authorised officer*** means – > > > > > > > > (a) [*\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja49@GC1@EN) a police officer; and > > > > > > > > > (b) a ranger; > > > > > ***biological diversity*** means the variety of – > > > > > > > > (a) plants, animals and micro-organisms; and > > > > > > > > > (b) the genes contained in plants, animals and micro-organisms; and > > > > > > > > > (c) the ecosystems of which plants, animals and micro-organisms form part; > > > > > ***building*** means anything built or constructed; > > > > > ***business licence*** means a licence issued under [section 41](#GS41@EN) that is in force; > > > > > [*\[Section 3 Subsection (1) amended by No. 28 of 2009, s. 42, Applied:01 Sep 2009\]*](/view/html/inforce/2009-09-01/act-2009-028#GS42@Hpb@EN) [*\[Section 3 Subsection (1) amended by No. 28 of 2009, s. 42, Applied:01 Sep 2009\]*](/view/html/inforce/2009-09-01/act-2009-028#GS42@Hpa@EN) ***Commission*** means the Tasmanian Planning Commission established under [section 4](/view/html/inforce/2026-04-12/act-1997-085#GS4@EN) of the [Tasmanian Planning Commission Act 1997](/view/html/inforce/2026-04-12/act-1997-085) ; > > > > > ***conservation area*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***Conservation Management Trust*** means a Conservation Management Trust established under [section 31](#GS31@EN) ; > > > > > ***conservation purpose*** means – > > > > > > > > (a) any purpose specified in Column 3 of Schedule 1 to the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; and > > > > > > > > > (b) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of any reserved land; > > > > > ***conservation society*** means a society or other body having as its objects, or one of its objects, the promotion or encouragement of the carrying out of any conservation purpose in relation to land generally or to any particular land or particular kind of land; > > > > > ***container*** includes wrapping; > > > > > ***conveyance*** means any vehicle, vessel or aircraft, or any other contrivance intended for the carriage of persons or goods over land or water or in the air; > > > > > ***Council*** means the National Parks and Wildlife Advisory Council continued by [section 12](#GS12@EN) ; > > > > > ***Crown land*** means any land vested in the Crown (whether or not subject to any private right) other than land vested in the Crown that is contracted to be granted in fee simple; > > > > > ***department*** has the same meaning as in the [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) ; > > > > > ***Director*** means the Director of National Parks and Wildlife appointed under [section 6](#GS6@EN) ; > > > > [*\[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja21@GC1@EN) > > > > > ***functions*** includes duties; > > > > > ***game*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***game reserve*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***geological diversity*** means the natural range of geological, geomorphological and soil features, assemblages, systems and processes; > > > > > ***historic site*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***hunting equipment*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***improvements*** means all work done and materials used on or for the benefit of any land which visibly and effectively improve or increase the value of the land; > > > > > ***land*** includes – > > > > > > > > (a) land covered by the sea or other waters; and > > > > > > > > > (b) the part of the sea or those waters covering that land; > > > > > ***leased reserve*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***management objectives***, in relation to any class of reserved land, means the management objectives specified in [Schedule 1](#JS1@EN) for that class of reserved land; > > > > > ***management plan***, in respect of reserved land, means the plan approved under [section 19](#GS19@EN) ; > > > > > ***managing authority*** means the managing authority for reserved land, as specified in [section 29](#GS29@EN) ; > > > > > ***Minister for Crown Lands*** means the Minister for the time being administering the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) ; > > > > > ***national park*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***nature recreation area*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***nature reserve*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***owner*** means – > > > > > > > > (a) in the case of land vested in the Crown which is contracted to be granted in fee simple, the person to whom it is so contracted; and > > > > > > > > > (b) in any other case, the person who, under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) or otherwise, is entitled to sell, convey or surrender a freehold estate in that land to the Crown; > > > > > ***plant*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***prescribed body***, in relation to the management of reserved land, means – > > > > > > > > (a) the public authority in which that land is vested; and > > > > > > > > > (b) a public authority having jurisdiction over the locality in which that land is located; and > > > > > > > > > (c) a body corporate – > > > > > > > > > > > > (i) whose objectives or purposes in the opinion of the Minister are primarily conservation purposes; and > > > > > > > > > > > > > (ii) that in the opinion of the Minister has a structure and capacity to effectively exercise the functions of a managing authority; > > > > > ***private land*** means land other than Crown land or land vested in a public authority; > > > > > ***private nature reserve*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***private right***, in relation to Crown land, means any estate, interest or right (not being an interest arising under a contract for the grant of an estate in fee simple) pursuant to which its holder has one or more of the following rights: > > > > > > > > (a) the right to occupy or use that land; > > > > > > > > > (b) the right to carry out any operations on that land; > > > > > > > > > (c) the right to take any products of, or materials in or on, that land, including materials beneath the surface of that land; > > > > > ***private sanctuary*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***products***, in relation to wildlife, has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***public authority*** means – > > > > > > > > (a) a council within the meaning of the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ; and > > > > > > > > > (b) any other body corporate established by an enactment having jurisdiction limited to a district, locality or part of the State; and > > > > > > > > > (c) a statutory authority; > > > > > ***public reserve*** has the same meaning as in the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) ; > > > > > ***purposes of reservation***, in relation – > > > > > > > > (a) to any reserved land, means the purposes for which that land was reserved; and > > > > > > > > > (b) to any class of reserved land, the purposes of reservation specified in Column 3 of Schedule 1 to the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) in relation to that class; > > > > > ***ranger*** means a person appointed as a ranger, or authorised to perform the functions and exercise the powers of a ranger, under [section 10](#GS10@EN) ; > > > > > ***regional reserve*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***regulations*** means regulations made and in force under [section 91](#GS91@EN) ; > > > > > ***reserved land*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***resource management and planning system objectives*** means the objectives of the resource management and planning system of Tasmania as set out in [Schedule 2](#JS2@EN) ; > > > > > ***restricted area*** means reserved land, or a part of reserved land, declared in a management plan, under [section 37](#GS37@EN) , to be a restricted area; > > > > > ***Secretary*** means the Secretary of the Department; > > > > > ***special advisory committee*** means a special advisory committee established under [section 17](#GS17@EN) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 12 of 2014, s. 28, Applied:22 Oct 2014\]*](/view/html/inforce/2014-10-22/act-2014-012#GS28@EN) ***special species timber harvesting*** has the same meaning as in the *Forestry (Rebuilding the Forest Industry) Act 2014*; > > > > > ***State reserve*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***statutory authority*** means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; > > > > > ***statutory power*** means – > > > > > > > > (a) a power under an enactment, other than this Act, for one or more of the following purposes: > > > > > > > > > > > > (i) the reservation or dedication of Crown land for any purpose; > > > > > > > > > > > > > (ii) the alienation of, or the grant of private rights in or over, any such land; > > > > > > > > > > > > > (iii) the carrying out of any works or other operations on any such land; and > > > > > > > > > (b) a power that, under an enactment other than this Act, may be exercised by a public authority in relation to land vested in it; > > > > > ***wildlife*** has the same meaning as in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ; > > > > > ***World Heritage Area*** has the same meaning as in [Part 6 of the](/view/html/inforce/2026-04-12/act-1991-042#HP6@EN) [Public Land (Administration and Forests) Act 1991](/view/html/inforce/2026-04-12/act-1991-042) . > > > (2)  A reference in this Act to the taking of any wildlife or the taking of a form of wildlife that is game includes a reference to the killing, destroying, hunting, pursuing, catching, shooting, netting, snaring or injuring that wildlife or that form of wildlife. > > > (3)  A reference in this Act to the taking of a product of any wildlife includes a reference to the carrying out of any operation – > > > > > > (a) for the purpose of obtaining that product; or > > > > > > > (b) that has the effect of destroying or damaging that product. > > > (4)  A reference in this Act to the taking of any plant includes a reference – > > > > > > (a) to the destroying or damaging of that plant; and > > > > > > > (b) to the taking, destroying or damaging of any fruit or seeds of that plant or any product or part of that plant. > > > (5)  A reference in this Act to the taking of any thing includes a reference to attempting to take, or assisting in the taking of, that thing. > > > (6)  For the purposes of this Act, a person is taken to have a thing in his or her possession – > > > > > > (a) if it is in the person's possession, or under the person's control, in any place or conveyance, whether for the use or benefit of the person or another person; or > > > > > > > (b) if it is – > > > > > > > > > > (i) in or on any place or conveyance occupied, controlled or used by the person; or > > > > > > > > > > > (ii) used or controlled by the person in or on any place or conveyance – > > > > > > > > even though another person has the actual possession or custody of the thing, unless the person proves that he or she had no knowledge of that thing. > > > (7)  Unless the contrary intention appears, a reference in this Act to a thing includes a reference to a living thing.