Section 2: Interpretation

2. Interpretation In this Act— “animal” includes an animal from any species, animal parts or derivatives, fauna, fish, aquatic animal, shellfish and egg; “artificially propagated”, in relation to live plants, means grown in a controlled environment from seeds, cuttings, divisions, callus or other plant tissues, spores or other propagules; “biodiversity”— (a) means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; and (b) includes diversity within species, between species and of ecosystems; “bred in captivity” means an offspring born or otherwise produced or bred in a controlled environment, including an egg of living organisms that mated or otherwise transmitted their gametes in a controlled environment; “buffer zone” means any land declared as such under section 15; “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed in Washington on 3 March 1973, as amended in Bonn on 22 June 1979, and acceded to by Mauritius on 27 July 1975; “CITES Secretariat” means the Secretariat of CITES located in Geneva; “Closed Reserve” means a protected area specified in Part I of the First Schedule; “closed season”, in relation to any game, means a period during which hunting of that game is prohibited; [Issue 8] N30A – 2 Revised Laws of Mauritius “conservation”— (a) means the use of any method or process necessary to maintain the natural functions, biodiversity, habitat and amenity of wildlife and reserved lands; and (b) includes any activity associated with scientific resources management, such as research, census, law enforcement, habitat restoration, acquisition and maintenance, propagation, live trapping, translocation and transplantation; “controlled environment” means an environment that is manipulated for the purpose of producing animals of a particular species and has boundaries designed to prevent animals, eggs or gametes of that species from entering or leaving the environment; “Council” means the Native Terrestrial Biodiversity and National Parks Advisory Council referred to in section 4; “country of origin” means the country in which a species has been taken in the wild or was born or bred in captivity or artificially propagated, or introduced from the sea; “derivative”, in relation to an animal, plant or other organism— (a) means any part, tissue or extract of that animal, plant or other organism, whether fresh, preserved or processed; and (b) includes any chemical compound derived from the part, tissue or extract; “Director” means the Director of the Service; “exotic wildlife” means any wildlife introduced in Mauritius; “export” has the same meaning as in the Customs Act; “fish” has the same meaning as in the Fisheries and Marines Resources Act; “flora”— (a) means all plants; and (b) includes fungi and bacteria; “freshwater” means naturally occurring water on the earth’s surface in bogs, ponds, lakes, reservoirs or canals; “Fund” means the National Parks and Conservation Fund set up under section 46; “game” means any wildlife specified in the Second Schedule; “game licence” means a licence referred to in section 27; “hunt”— (a) means capture, chase, drive, follow, search for, trap or attempt to trap, shoot at or lie in wait for, wildlife; but N30A – 3 [Issue 8] Native Terrestrial Biodiversity and National Parks Act (b) does not include stalk, attract, search for or lie in wa gs, ponds, lakes, reservoirs or canals; “Fund” means the National Parks and Conservation Fund set up under section 46; “game” means any wildlife specified in the Second Schedule; “game licence” means a licence referred to in section 27; “hunt”— (a) means capture, chase, drive, follow, search for, trap or attempt to trap, shoot at or lie in wait for, wildlife; but N30A – 3 [Issue 8] Native Terrestrial Biodiversity and National Parks Act (b) does not include stalk, attract, search for or lie in wait for wildlife by an unarmed person solely for the purpose of watching or taking pictures of it; “hunting equipment” means any gun, weapon, implement, apparatus or material which may be used to hunt wildlife or capture any product thereof; “import” has the same meaning as in the Customs Act; “international trade”, in relation to any species referred to in this Act— (a) means import, export or re-export; and (b) includes introduction from the sea; “introduction from the sea” means the transportation or importation into Mauritius of any specimen taken, removed or harvested from a marine environment not under the jurisdiction of any other State, including the air space above the sea and the seabed and the subsoil beneath the sea; “invasive alien species” means animals, microorganisms and plants which may threaten ecosystems, habitats, species and human beings; “land” includes— (a) land covered by the sea or other waters; (b) the part of the sea or of those waters covering the land; and (c) the atmosphere above the surface of the land and the soil which extends downwards to the centre of the earth; “Management Authority” means the Management Authority referred to in section 18; “management plan” means a plan referred to in section 16; “member” means a member of the Council; “Minister” means the Minister to whom responsibility for the subject of agriculture is assigned; “National Park” means any land declared as such under section 11; “native”, in relation to wildlife— (a) means living or naturally occurring in Mauritius; but (b) does not include exotic wildlife; “naturally occurring” means any species that occurs in the wild and has grown without any human intervention; “occupier”— (a) means a person who has possession of a property; and (b) includes a lessee; [Issue 8] N30A – 4 Revised Laws of Mauritius “officer”— (a) means an officer of the Service; and (b) includes a police officer, forest officer, fisheries officer or customs officer or any other person designated by the supervising officer of the Ministry to enforce this Act; “Open Reserve” means a protected area specified in Part II of the First Schedule; “owner” means a person who has a legal interest in a property; “permit”— (a) means a permit issued under Part VI, VII or VIII; and (b) includes a similar authorisation or permit issued by a foreign State in relation to any species referred to in this Act; “personal effects” and “household effects” include any dead specimen, or part and derivative, which belong to a private individual and form part, or are intended to form part, of that individual’s possessions; “plant” includes any species of plant, bark, charcoal, creeper, fibre, firewood, fruit, grass, seed, spice or algae or anything that may be obtained or derived from a plant; “Pre-Convention certificate” means a certificate issued by the relevant authority of a foreign State, stating that a species has been acquired before 27 July 1975; “prescribed wildlife” means such species of wildli h belong to a private individual and form part, or are intended to form part, of that individual’s possessions; “plant” includes any species of plant, bark, charcoal, creeper, fibre, firewood, fruit, grass, seed, spice or algae or anything that may be obtained or derived from a plant; “Pre-Convention certificate” means a certificate issued by the relevant authority of a foreign State, stating that a species has been acquired before 27 July 1975; “prescribed wildlife” means such species of wildlife listed in Appendices I, II and III of CITES as may be prescribed; “private reserve” means any private land designated as such under section 12; “protected wildlife” means such species of wildlife as may be prescribed; “re-export” means the export of any species that has previously been imported; “reserved land”— (a) means any land declared to be a National Park or Special Reserve under section 11; and (b) includes an Open Reserve or a Closed Reserve; “rescue centre” means any premises, facility or place designated by the Management Authority for the purpose of looking after the welfare of living specimens; “Scientific Authority” means the Scientific Authority referred to in section 20; N30A – 5 [Issue 8] Native Terrestrial Biodiversity and National Parks Act “Service” means the National Parks and Conservation Service referred to in section 8; “social security officer” means an officer of the Ministry responsible for the subject of social security; “Special Reserve” means any land declared as such under section 11; “species” includes any species, subspecies or geographically separate population thereof; “specimen” means any animal or plant, whether alive or dead; “structure” includes any fence, road, building, bench, table, fireplace, path marker, boundary marker, sign or any other structure built or placed on reserved land; “terrestrial biodiversity”— (a) means biodiversity occurring on any land surface; and (b) includes freshwater biodiversity; “transhipment” has the same meaning as in the Customs Act; “vehicle” includes any means of transportation by air, on land or in or on water; “wildlife” includes— (a) any living creature other than— (i) a human being; (ii) a dog or cat; (iii) domestic livestock; or (iv) fish and other marine organisms; and (b) such naturally occurring plant species as may be prescribed.