South Australian Consolidated Acts

WILDERNESS PROTECTION ACT 1992 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"Aboriginal" means of, or pertaining to, the people who inhabited Australia before European colonisation;

"Aboriginal object" has the same meaning as in the Aboriginal Heritage Act 1988 ;

"Aboriginal organisation" means an association, body or group comprised, or substantially comprised, of Aboriginal persons having as its principal objects the furtherance of interests of Aboriginal people;

"Aboriginal site" has the same meaning as in the Aboriginal Heritage Act 1988 ;

"Aboriginal tradition" means Aboriginal traditions, observances, customs or beliefs and includes traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation;

"the Chief Executive Officer" means the person for the time being holding, or acting in, the office of Chief Executive Officer of the Department;

"Crown land" means—

            (a)         unalienated land of the Crown; or

            (b)         land held by a Minister, agent or instrumentality of the Crown on behalf of the Crown;

"Department" means the administrative unit of the Public Service charged with the administration of this Act;

"the Director" means the person for the time being holding, or acting in, the office of Director of National Parks and Wildlife;

"the Environment, Resources and Development Committee" means the committee of that name established by the Parliamentary Committees Act 1991 ;

"land" includes submerged land and includes an estate or interest in land;

"land acquired by the Minister" means land that the Minister has acquired for the purposes of this Act and includes land that the Minister proposes to acquire for those purposes and in relation to which he or she has served a notice of intention to acquire the land under the Land Acquisition Act 1969 ;

"management" in relation to land includes the restoration of the land and its ecosystems to their condition before European colonisation;

"mining Act" means the Mining Act 1971, the Petroleum Act 2000 , the Petroleum (Submerged Lands) Act 1982 or the Offshore Minerals Act 2000 ;

"mining tenement" means a mineral claim, lease, licence, permit or other authority granted under a mining Act and includes rights of entry, prospecting, exploration or mining in relation to an area of land declared to be a private mine under the Mining Act 1971 ;

"the Minister" means the Minister in whom the administration of the National Parks Act is vested for the time being;

"modern technology" includes all forms of human technology except Aboriginal technology;

"the National Parks Act" means the National Parks and Wildlife Act 1972 ;

"native plant" has the same meaning as in the National Parks Act;

"owner" of land means—

            (a)         in relation to land alienated from the Crown by grant in fee simple—the holder of the fee simple;

            (b)         in relation to land held under Crown lease or licence—the lessee or licensee;

            (c)         in relation to land held under an agreement to purchase from the Crown—the person entitled to the benefit of the agreement;

"public notice" means notice published in the Gazette;

"reserve" means a reserve constituted under the National Parks Act;

"vehicle" includes—

            (a)         a caravan or trailer;

            (b)         an aircraft;

            (c)         a ship, boat or vessel;

"warden" means a person for the time being holding the office of warden under this Act;

"wilderness" means land that meets the wilderness criteria;

"the Wilderness Advisory Committee" or "the Committee means the Wilderness Advisory Committee established by this Act;

"the wilderness code of management" or "the code of management means the wilderness code of management adopted by the Minister under Part 2 Division 3;

"the wilderness criteria"—see subsection (2);

"wilderness protection area" or "area" means land constituted as a wilderness protection area under this Act;

"wilderness protection zone" or "zone" means land constituted as a wilderness protection zone under this Act;

"wildlife" means all native plants and animals indigenous to Australia existing apart from cultivation or domestication;

"Wildlife Conservation Fund" means the Wildlife Conservation Fund established by section 11 of the National Parks Act.

        (2)         The following are the criteria for determining whether or not land should be regarded as wilderness:

            (a)         the land and its ecosystems must not have been affected, or must have been affected to only a minor extent, by modern technology;

            (b)         the land and its ecosystems must not have been seriously affected by exotic animals or plants or other exotic organisms.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.