Document ID: chunk:federal_register_of_legislation:C2024C00538:section:5:p1
Version: federal_register_of_legislation:C2024C00538
Segment Type: section
Provision Reference: s 5 (pt 1/4)
Character Range: 7625–10219

5  Definitions
  In this Act, unless the contrary intention appears:
activity means a physical activity that has a direct effect on, or represents a substantial risk of damage to, an aspect of the environment to which a NEPM applies but, to avoid doubt, does not include:
 (a) the formulation of a policy; or
 (b) the making of a decision by a Minister or by a person to whom a Minister has, under an Act or an instrument made or having effect under an Act, delegated the power to make the decision.
applied provision means:
 (a) in relation to an applied State law—a provision of that applied State law that applies as mentioned in section 12; or
 (b) in relation to a law of a State or Territory—a provision of that law that applies as mentioned in section 17.
applied State law means a provision of a law of a State that applies in a Commonwealth place under the Commonwealth Places (Application of Laws) Act 1970.
carrying on of an activity by the Commonwealth or a Commonwealth authority has a meaning affected by section 7.
coastal waters:
 (a) in relation to a State—means that part of the sea that is included in the coastal waters of the State within the meaning of the Coastal Waters (State Powers) Act 1980 and includes the airspace over, and the sea‑bed and subsoil beneath, that part of that sea; and
 (b) in relation to the Northern Territory—means that part of the sea that is included in the coastal waters of the Territory within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 and includes the airspace over, and the sea‑bed and subsoil beneath, that part of that sea; and
 (c) in relation to an external Territory to which this Act extends—means:
 (i) the territorial sea adjacent to the external Territory; and
 (ii) the sea on the landward side of the territorial sea adjacent to the external Territory and not within the limits of the external Territory, including the airspace over, and the sea‑bed and subsoil beneath, that sea.
Commonwealth authority means:
 (a) a body, whether incorporated or not, that is established for a public purpose by or under an Act; or
 (b) a body, whether incorporated or not, that is established by the Governor‑General or by a Minister; or
 (c) a body that is:
 (i) an incorporated company over which the Commonwealth or a body referred to in paragraph (a) or (b) is in a position to exercise control; or
 (ii) a subsidiary (within the meaning of the Corporations Act 2001) of an incorporated company referred to in subparagraph (i).
Commonwealth place means a place (other than the seat of government) with respect