3Definitions

3 Definitions (1) In this Act— ***application order*** means an order under section 8; ***building*** includes— (a) a structure and part of a building or a structure; and (b) fences, walls, out-buildings, service installations and other appurtenances of a building; and (c) a boat or a pontoon which is permanently moored or fixed to land; S. 3(1) def. of *declared Department* inserted by No. 30/2020 s. 4(a). ***declared Department*** means a Department declared under section 5AA; S. 3(1) def. of *department* substituted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 163.1), 37/2014 s. 10(Sch. item 133), substituted as *Department* by No. 30/2020 s. 4(b). ***Department*** means— (a) a Department within the meaning of section 4(1) of the **Public Administration Act 2004**; or (b) an office or body specified in section 16(1) of that Act; S. 3(1) def. of *Department Head* inserted by No. 30/2020 s. 4(a). ***Department Head*** means a Department Head within the meaning of section 4(1) of the **Public Administration Act 2004**; ***development*** includes— (a) the construction or carrying out, extension, demolition or removal of a building or works; (b) the decoration or alteration of the inside or outside of a building or the alteration of works; (c) the subdivision or consolidation of land, airspace or buildings; (d) the installation or provision or operation of facilities or services; (e) the relocation, deepening or widening of a waterway; ***directions*** mean directions issued under section 30; ***enactment*** means a rule, regulation, by-law, order, Order in Council, proclamation or other instrument of a legislative character; ***facilitating agency*** in relation to a nominated project means the public statutory corporation specified in the nomination order as the facilitating agency for that project; ***function*** includes power, discretion, authority and duty; S. 3(1) def. of *limitations* amended by No. 46/1997 s. 4(2). ***limitations***, in relation to land, means trusts, reservations, restrictions, exceptions, encumbrances, limitations, rights, privileges, estates and interests; ***nominated project*** means a development or proposed development declared by a nomination order to be a project to which this Act applies; ***nomination order*** means an order under section 6; S. 3(1) def. of *public body* substituted by No. 43/1995 s. 23(a). ***public body*** in Part 3 or Part 4 means— (a) a public statutory authority; (b) a State business corporation within the meaning of the **State Owned Enterprises Act 1992**; (c) a body, office or trust body— (i) established by or under an Act or enactment; or (ii) established by the Governor in Council or a Minister— and that is declared by the Minister, by notice published in the Government Gazette, to be a body or office to which that Part applies; S. 3(1) def. of *public construction* amended by No. 30/2020 s. 4(c). ***public construction*** means any matter relating to the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land by, or on behalf of, Departments or public bodies and includes— (a) design and construction practices; (b) tendering processes; (c) project delivery; (d) contract administration; ***public statutory corporation*** means any corporation established by or under an Act for a public purpose other than a municipal council; ***responsible Minister***, in relation to a nominated project, means the Minister specified in the nomination order as the Minister responsible for that project; ***road*** includes bridge, highway, street, lane, footway, square, court, alley or right of way, whether accessible to the public generally or not; S. 3(1) def. of *Secretary* repealed by No. 72/2000 s. 5(1)(a). S. 3(1) def. of *Secretary, Project Development* inserted by No. 3/2020 s. 4(a). ***Secretary, Project Development*** means the body corporate established under section 41A; to the Department of Infrastructure* inserted by No. 72/2000 s. 5(1)(a), repealed by No. 27/2009 s. 19(2). to the Department of Innovation, Industry and Regional Development* inserted by No. 27/2009 s. 19(1), repealed by No. 30/2020 s. 4(d). to the Department of State and Regional Development* inserted by No. 72/2000 s. 5(1)(a), repealed by No. 16/2003 s. 22. ***standards*** means standards set under section 29; S. 3(1) def of *the Department* amended by No. 46/1997 s. 4(1), repealed by No. 72/2000 s. 5(1)(b). ***works*** includes any change to the natural or existing condition or topography of land including the removal, destruction, or lopping of trees and the removal of vegetation or topsoil and land reclamation and land decontamination. S. 3(2) amended by Nos 46/1998 s. 7(Sch. 1), 72/2000 s. 5(2)(a)(b), 108/2004 s. 117(1) (Sch. 3 item 163.2), repealed by No. 27/2009 s. 19(3).