9Interpretation

9 Interpretation (1) In this Act: Aboriginal means a member of the Aboriginal race of Australia. Aboriginal corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). Aboriginal land has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976. Aboriginal Land Council means the Aboriginal Land Council established under section 21 of the Aboriginal Land Rights (Northern Territory) Act 1976 for the area that contains the particular area of Aboriginal land. Aboriginal ranger means a person employed within an Aboriginal ranger group by an Aboriginal corporation or a Land Council. Aboriginal tradition has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth. aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, and includes a glider or hang-glider but does not include a hovercraft. ALRA, for Part 3, see section 22(1). animal means a member of the animal kingdom other than man, whether dead or alive, and includes: (a) vertebrates; Territory Parks and Wildlife Conservation Act 1976 4 (b) invertebrates; (c) protistans; (d) the progeny of an animal, including larvae, pupae, an animal in an egg or any other embryonic form; (e) a part of an animal, including an exudate, a secretion or reproductive material; and (f) a chemical or other extract derived from an animal. area of essential habitat means an area of land declared to be an area of essential habitat under section 37. article includes a substance or a mixture of substances. authorising body means a Land Council, Land Trust, Aboriginal corporation, traditional Aboriginal owner, or other entity or person that has the legal authority to determine where an Aboriginal ranger can exercise their powers. classification means a classification of the conservation status of wildlife prescribed under section 28(1). commercial purpose, in relation to an animal or plant, means the keeping, breeding, displaying, moving or other dealing with or use of the animal or plant for the purposes of selling, trading or bartering with the animal or plant or of otherwise earning a livelihood or making a profit, and includes the use of the animal or plant for scientific purposes. Commission means the Commission within the meaning of the Parks and Wildlife Commission Act 1980. community living area, for Part 3, see section 22(1). conservation officer means a person appointed to be a conservation officer under section 92. co-operative management agreement means an agreement entered into by the Commission under section 35. Corporation means the Conservation Land Corporation within the meaning of the Parks and Wildlife Commission Act 1980. Crown land means land: (a) held by the Territory for an estate in fee simple; or Territory Parks and Wildlife Conservation Act 1976 5 (b) in respect of which neither a lease granted by the Territory is in force nor an estate in fee simple has been granted by the Director means the Director within the meaning of the Parks and Wildlife Commission Act 1980. feral animal means a species of animal or an animal of a species of animal that is declared to be a feral animal under section 47. Framework Act means the Parks and Reserves (Framework for the Future) Act 2003. honorary conservation officer means: (a) a person appointed to be an honorary conservation officer under section 92; or (b) a person who is an honorary conservation officer by virtue of section 93. hovercraft means a vehicle designed to be supported on a cushion of air. indigenous land use agreement, for Part 3, see section 22(1). indigenous to Australia, in relation to animals or plants, includes: (a) migratory animals that periodically or occasionally migrate to or visit Australia or the coastal waters of Australia; and (b) animals or plants introduced into Australia (including the coastal waters of Australia), directly or indirectly, by Aboriginals before the year 1788. indigenous to the Territory, in relation to animals or plants, includes: (a) migratory animals that periodically or occasionally visit the Territory or the coastal waters within the jurisdictional limits of the Territory; and (b) animals or plants introduced into the Territory (including the coastal waters of the Territory), directly or indirectly, by Aboriginals before the year 1788. Territory Parks and Wildlife Conservation Act 1976 6 interfere with, in relation to an animal or a plant, means to: (a) harm, disturb, alter the behaviour of or otherwise affect the capacity of the animal or plant to perform its natural processes; or (b) damage or destroy the habitat of the animal or plant. joint management, for Part 3, see section 22(1). joint management agreement, for a park or reserve, means an agreement between the Territory and the traditional Aboriginal owners of the park or reserve about the management of the park or joint management park or reserve means: (a) a scheduled park or reserve; or (b) a park or reserve for which a joint management agreement has been executed under section 23A(1). joint management partners, for Part 3, see section 22(1). joint management plan, for Part 3, see section 22(1). land includes the sea above any part of the sea bed of the Land Council, for a park or reserve, means the Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976) for the part of the Territory in which the park or reserve is located. land owner includes a person who is a lessee of, or holds any other interest in, land. Land Trust means an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976 or a Park Land Trust established under the Framework Act. management program means a wildlife management program, or a management program in respect of feral animals or prohibited entrants, formulated and implemented under section 32. member means a member of the Commission. minerals means: (a) any of the minerals mentioned in section 9 of the Mineral Titles Act 2010; or Territory Parks and Wildlife Conservation Act 1976 7 (ab) any of the extractive minerals mentioned in section 10 of the Mineral Titles Act 2010; or (b) petroleum, within the meaning of the Petroleum Act 1984; or (c) petroleum, within the meaning of the Petroleum (Submerged Lands) Act 1981. mining interest, except for Part 3, means: (a) a mineral title as defined in section 11(1) of the Mineral Titles Act 2010; or (ab) a non-compliant existing interest as defined in section 204(1) of the Mineral Titles Act 2010; or (b) a licence or permit, within the meaning of the Petroleum Act, or a licence or permit granted under the Petroleum (Prospecting and Mining) Act 1954-1981 and kept in force by virtue of section 119 of the Petroleum Act 1984; or (c) an access authority, special prospecting authority, lease, licence or permit, within the meaning of the Petroleum (Submerged Lands) Act 1981. mining interest, for Part 3, see section 22(1). operations for the recovery of minerals includes prospecting or exploration for minerals. park means a park declared under section 12. permit means a permit granted under section 56. petroleum interest, for Part 3, see section 22(1). Place Names Committee means the Place Names Committee for the Northern Territory established under the Place Names Act 1967. plan of management means a plan of management in force under section 18. plant means a member of the plant kingdom or the fungus kingdom, whether dead or alive, and includes: (a) algae and lichen; (b) procaryotes; (c) a virus and a virus like particle; Territory Parks and Wildlife Conservation Act 1976 8 (d) the seeds, pollen or spores of a plant or a plant at any other stage of its life history; (e) a part of a plant including an exudate or a secretion; and (f) a chemical or other extract derived from a plant. Police Force or Police Force of the Territory means the Police Force of the Northern Territory within the meaning of the Police Administration Act 1978. private land means any land which is not Crown land. progeny means the offspring of an animal and includes live ova and live sperm and an animal in an egg or in an embryonic form. prohibited entrant means a species of animal or plant or an animal of a species of animal or a plant of a species of plant that is a prohibited entrant under section 52 or 53. protected wildlife means a species of wildlife or an animal or plant of a species of wildlife that is protected wildlife under section 43. relevant agreements, for Part 3, see section 22(1). reserve means a reserve declared under section 12. sanctuary means a sanctuary declared by or under section 25A. scheduled park or reserve: (a) means a park or reserve specified in Schedule 1, 2 or 3 to the Framework Act; and (b) if an area of land specified in Schedule 5 to that Act is declared under section 12 to be included in a park or reserve specified in Schedule 1 to that Act – includes that area of land. State means a State of Australia. sustainable use, in relation to wildlife, means the taking or using of wildlife at a level that is capable of being continued without endangering the capacity of the wildlife to maintain itself and sustain its natural processes. take means: (a) in relation to an animal – to hunt, catch, restrain or kill, or attempt or assist to hunt, catch, restrain or kill, the animal; and Territory Parks and Wildlife Conservation Act 1976 9 (b) in relation to a plant – to sever, remove, damage or destroy, or assist to sever, remove, damage or destroy, the plant. this Act includes the Regulations. threatened wildlife means a species of wildlife or an animal or plant of a classification or species of wildlife that the Minister identifies as threatened wildlife under section 30. traditional Aboriginal owners, of a park or reserve, means: (a) the traditional Aboriginal owners, within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976, of the park or reserve; or (b) if there is no person to whom paragraph (a) applies – the person or persons who, by Aboriginal tradition, are responsible for making decisions about the park or reserve. traffic sign means a sign displayed on, above or adjacent to a road or public place, being a sign which gives or a combination of signs which together give a direction to traffic, and includes a mark made upon a road. unprotected wildlife means a species of wildlife or an animal or plant of a species of wildlife that is not protected wildlife. vehicle includes a hovercraft. vertebrate means an animal that is: (a) a mammal; (b) a bird; (c) a reptile; or (d) an amphibian. 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. wilderness zone means a wilderness zone declared under section 12. wildlife means: (a) animals and plants that are indigenous to Australia; Territory Parks and Wildlife Conservation Act 1976 10 (b) animals and plants that are indigenous to the Australian coastal sea or the sea-bed and subsoil beneath that sea; (c) migratory animals that periodically or occasionally visit Australia or the Australian coastal sea; (d) animals and plants of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788; and (e) such other animals and plants as are prescribed. (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 a newspaper circulating throughout the Territory. (3A) In this Act, a reference to a species of wildlife is a reference to a species, subspecies, population or subpopulation of wildlife, and includes a reference to a hybrid or variant race of a species of (4) The Minister may, by notice in the Gazette, declare land to be a park or reserve for the purposes of the Petroleum Act 1984, Petroleum (Submerged Lands) Act 1981 or section 73 of the Mineral Titles Act 2010. (5) The Minister shall not, under subsection (4), declare land to be a park or reserve unless he has the agreement of the minister administering the relevant Act to that land being so declared.