CTHRepealedAct
National Parks and Wildlife Conservation Act 1975
3Interpretation
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##### 3 Interpretation
(1) In this Act, unless the contrary intention appears:
> Aboriginal means a member of the Aboriginal race of Australia and includes a Torres Strait Islander.
> Aboriginal land means:
(a) land situated in the Region, and in which an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976 holds an estate in fee simple; or
(b) if the Jervis Bay National Park has been declared to be Aboriginal Land under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986—the Jervis Bay National Park; or
(c) if the Jervis Bay Botanic Gardens have been declared to be Aboriginal Land under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986—the Jervis Bay Botanic Gardens.
> 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.
> 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, horns, shell or any other part of an animal.
> article includes a substance or a mixture of substances.
> Australia includes the external Territories to which this Act extends.
> Australian aircraft means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft.
> Australian coastal sea means any sea or waters the sovereignty in respect of which is declared by the Seas and Submerged Lands Act 1973 to be vested in the Crown in right of the Commonwealth, but does not include any waters referred to in section 14 of that Act.
> Australian fishing zone has the same meaning as in the Fisheries Management Act 1991.
> Australian national means:
(a) an Australian citizen; or
(b) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory.
> Australian National Botanic Gardens means the areas declared to be a reserve, and to which that name was assigned, by Proclamation under subsection 7(2).
> Australian vessel means a vessel that is in Australian control or is an Australian boat within the meaning of the Fisheries Management Act 1991.
> botanic garden means a scientific and educational institution the purpose of which is the advancement and dissemination of knowledge and appreciation of plants by:
(a) growing them in a horticultural setting; and
(b) establishing herbarium collections; and
(c) conducting research; and
(d) providing displays and interpretative services.
> Conservation Commission means the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory.
> conservation zone means a conservation zone declared under section 8A.
> continental shelf of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.
> Director means the Director of National Parks and Wildlife.
> foreign national means a person other than an Australian national.
> foreign vessel means a vessel other than an Australian vessel.
> Fund means the Fund established by this Act.
> hovercraft means a vehicle designed to be supported on a cushion of air.
> in Australian control means in the control or possession of one or more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(b) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory;
(c) a company or other body corporate incorporated under a law of a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest.
> interest means any legal or equitable interest, including any estate, right, title, claim, charge, encumbrance, power, privilege, authority, licence or permit.
> Jervis Bay Botanic Gardens means the part of the Australian National Botanic Gardens that is in the Jervis Bay Territory.
> Jervis Bay National Park means the part of the Jervis Bay Territory declared to be a park, and to which that name was assigned, by Proclamation under subsection 7(2).
> Kakadu National Park means the area for the time being declared under section 7 to be the park of that name.
> mineral means a naturally occurring substance or mixture of substances.
> park means a park declared under section 7.
> plan of management means a plan of management in force under section 12.
> plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.
> prescribed park or reserve means:
(a) the Uluru - Kata Tjuta National Park; and
(ab) the Jervis Bay National Park; and
(ac) the Jervis Bay Botanic Gardens; and
(b) any other park or reserve declared by the regulations to be a prescribed park or reserve for the purposes of this definition.
> ranger means a person appointed as a ranger under section 37.
> Region means:
(a) so much of the Alligator Rivers Region, within the meaning of the definition of that Region in the Environment Protection (Alligator Rivers Region) Act 1978, as does not include:
(i) the area shown as the Arnhem Land Aboriginal Reserve on the map referred to in that definition; and
(ii) the areas (being pastoral leases) described on that map as Mount Bundey and Eva Valley; and
(b) the area of land described under the heading Uluru in Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976.
> reserve means a reserve declared under section 7.
> right does not include sovereign rights.
> seize includes secure against interference.
> Service means the Australian National Parks and Wildlife Service established by this Act.
> Territory means an internal Territory or an external Territory to which this Act extends.
> Territory Commission means the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory.
> this Act includes the regulations.
> traditional Aboriginal owners:
(a) in relation to Aboriginal land in the Region—has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976; or
(b) in relation to the Jervis Bay National Park or the Jervis Bay Botanic Gardens—means the members of the Wreck Bay Aboriginal Community Council.
> uranium mining operations has the same meaning as in the Environment Protection (Northern Territory Supreme Court) Act 1978.
> vehicle includes a hovercraft.
> vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, but does not include a hovercraft.
> warden means:
(a) a person appointed as a warden under section 37; or
(b) a person referred to in section 38.
> wilderness zone means a wilderness zone declared under section 7.
> wildlife means:
(a) animals and plants that are indigenous to Australia;
(b) animals and plants that are indigenous to the Australian coastal sea or the sea-bed and subsoil beneath that sea;
(c) animals and plants that are indigenous to the continental shelf of Australia or the superjacent waters;
(ca) animals and plants that are indigenous to the Australian fishing zone;
(d) migratory animals that periodically or occasionally visit Australia, the Australian coastal sea, the Australian fishing zone or the sea over the continental shelf of Australia;
(e) animals and plants of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788; and
(f) such other animals and plants, not being domesticated animals or cultivated plants, as are prescribed.
> wildlife inspector means a person appointed as a wildlife inspector under section 38A.
> Wreck Bay Aboriginal Community Council means the council established by section 4 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986.
(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 subsoil includes a reference to the coral beneath the surface of any such formation.
(3) In this Act, a reference to public notice is a reference to notice published:
(a) in the Gazette;
(b) in a local newspaper, if any, circulating in the area concerned; and
(c) in each State and Territory, in a newspaper circulating throughout that State or Territory.
(4) A reference in this Act (other than section 65) to an offence against this Act includes a reference to an offence against section 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 that relates to this Act.