3Interpretation

### 3 Interpretation > > (1)  In this Act, unless the contrary intention appears – > > > > > [*\[Section 3 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja19@GC1@Hpa@EN) ***authorised officer*** means a ranger appointed under the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) or under the [National Parks and Reserves Management Act 2002](/view/html/inforce/2026-04-12/act-2002-062) ; > > > > > ***business day*** means a day that is not – > > > > > > > > (a) a Saturday or a Sunday; or > > > > > > > > > (b) [*\[Section 3 Subsection (1) amended by No. 82 of 2000, Sched. 1, Applied:13 Dec 2000\]*](/view/html/inforce/2000-12-13/act-2000-082#JS1@Ja14@GC1@EN) a public holiday or a statutory holiday as defined in the [Statutory Holidays Act 2000](/view/html/inforce/2026-04-12/act-2000-999) in the place concerned; > > > > > [*\[Section 3 Subsection (1) amended by No. 107 of 2001, s. 4, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-107#GS4@Hpa@EN) ***certified forest practices plan*** means a certified forest practices plan within the meaning of the [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) ; > > > > > ***compensation*** means a payment of compensation made by the Minister to a landholder under [Part 5](#HP5@EN) ; > > > > > ***contravene*** includes fail to comply with; > > > > > ***CRC*** means the Community Review Committee established under [section 9](#GS9@EN) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja19@GC1@Hpb@EN) ***critical habitat*** means an area of land defined on a map under [section 23](#GS23@EN) which the Secretary determines as a critical habitat of a listed taxon of flora or fauna; > > > > > ***Crown land*** means land that is vested in the Crown and is not contracted to be granted in fee simple and includes land granted in fee simple that has revested in the Crown by way of purchase or otherwise; > > > > [*\[Section 3 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja19@GC1@Hpc@EN) > > > > > ***fauna*** includes any taxon of fauna, whether vertebrate or invertebrate, in any stage of biological development and includes eggs and any part of any such taxon; > > > > > ***flora*** includes any taxon of plant, whether vascular or non-vascular, in any stage of biological development and any part of any such taxon; > > > > > ***function*** includes duty; > > > > > ***habitat*** means the area, locality, site or particular type of environment occupied by any taxon of flora or fauna or any part of any such area, locality, site or type of environment; > > > > > ***interim protection order*** means an interim protection order made under [section 32](#GS32@EN) ; > > > > > ***keep*** means to have charge or possession of any flora or fauna; > > > > > ***land*** includes land covered by the sea or other waters and any part of the sea or waters covering that land; > > > > > ***land management agreement*** means an agreement made and in force under [section 30](#GS30@EN) for any purpose arising from a land management plan; > > > > > ***land management plan*** means a land management plan made and in force under [section 29](#GS29@EN) ; > > > > > ***landholder*** means – > > > > > > > > (a) the person who is registered as proprietor of an estate in fee simple in land under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ; or > > > > > > > > > (b) the owner of the fee or equity of redemption in land that has been alienated from the Crown and is not subject to the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ; or > > > > > > > > > (c) the occupier of Crown land which he or she occupies under a lease, licence or other right; or > > > > > > > > > (d) in the case of Crown land that is managed or controlled by a public authority, the public authority or the Minister who manages or controls the land – > > > > > > and includes a person who, whether alone or with others, is in occupation or possession, or has the management or control, of any land and also includes the agent of any such person; > > > > > ***listed taxon*** means a taxon of flora or fauna that is listed in [Schedule 3](#JS3@EN) , [4](#JS4@EN) or [5](#JS5@EN) ; > > > > [*\[Section 3 Subsection (1) amended by No. 107 of 2001, s. 4, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-107#GS4@Hpb@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 107 of 2001, s. 4, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-107#GS4@Hpb@EN) ***native flora and fauna*** means flora and fauna naturally occurring in Tasmania and includes – > > > > > > > > (a) migrants; and > > > > > > > > > (b) any vagrant, or hybrid, that the SAC determines to be suitable for inclusion as native flora or fauna; > > > > > ***permit*** means a permit in force under this Act; > > > > > ***private land*** means any land that is not Crown land; > > > > > ***public authority*** means – > > > > > > > > (a) any council; or > > > > > > > > > (b) any other body corporate established by an enactment having jurisdiction limited to a district, locality or part of Tasmania; or > > > > > > > > > (c) any body corporate established under an enactment or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of Tasmania; > > > > > ***public authority management agreement*** means an agreement made under [section 31](#GS31@EN) ; > > > > > ***public notification*** means publication in the *Gazette* and in each newspaper circulating generally in Tasmania; > > > > > ***recovery plan*** means a recovery plan made under [section 25](#GS25@EN) for any species of flora or fauna which is under threat of extinction; > > > > > ***SAC*** means the Scientific Advisory Committee established under [section 8](#GS8@EN) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja19@GC1@Hpd@EN) ***Secretary*** means the Secretary of the Department; > > > > > ***species*** means a population or group of individual flora or fauna which interbreed to produce fertile offspring or which possess common characteristics derived from a common gene pool; > > > > > ***survival*** means the continued existence of viable populations of a taxon in the wild; > > > > > ***take*** includes kill, injure, catch, damage, destroy and collect; > > > > > ***taxon*** means a taxonomic group of any rank into which organisms are categorised; > > > > > ***threat abatement plan*** means a threat abatement plan made and in force under [section 27](#GS27@EN) ; > > > > > ***threatened species*** means a taxon of flora or fauna that is listed in [Schedule 3](#JS3@EN) , [4](#JS4@EN) or [5](#JS5@EN) ; > > > > > ***threatening process*** means any action which poses a threat to the natural survival of any native taxon of flora or fauna; > > > > > ***wild*** means in an independent, unpossessed or natural state and not in an intentionally cultivated, domesticated or captive state, regardless of the location or land tenure. > > > (2)  In this Act, a reference to a landholder's land includes a reference to land occupied, managed or controlled by the landholder.