s.2Interpretation
2
Section 2Part 1 — PRELIMINARY

Interpretation

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In this Law —
means an effect that may result in the physical destruction or detrimental alteration of a protected area, a conservation area, an area of critical habitat or the environment generally and includes —
alterations that may impair the capacity of the area to function as a habitat beneficial to wildlife;
development that may increase the potential for damage to the area from floods, hurricanes or storms;
alterations of salinity levels, nutrient balance, oxygen concentration or temperature that may be harmful to wildlife or the ecological or aesthetic value of the area;
alterations of hydrology, water flow, circulation patterns, water levels or surface drainage that may be harmful to wildlife or the ecological or aesthetic value of the area or that may exacerbate erosion;
alterations that may interfere with the public use and enjoyment of the area;
the discharge of pathogens, dissolved or suspended minerals or solids, waste materials or other substances at levels that may be harmful to wildlife or the ecological or aesthetic value of the area;
changes in littoral or sediment transport processes that may alter the supply of sediment available for those processes or that may otherwise exacerbate erosion;
alterations that may increase losses of the area from a rise in the sea level with respect to the surface of the land, whether caused by an actual sea level rise or land surface subsidence;
emissions of air pollutants at levels that may impair the air quality of the area;
alterations that may hinder or impede the movement or migration of wildlife;
alterations that may impair the capacity of a beach ridge to function as a protective barrier and as a reserve of sand for beach nourishment during storms; and
alterations that may impair the capacity of the area to act as a sink or reservoir of greenhouse gases or enhance its potential as a source of greenhouse gases.
means a committee established under section 4;
means a species whose natural range does not include the Islands or, with reference to a specific Island, does not include that Island, and "alien" shall be construed accordingly;
means a person appointed under section 84 of the Animals Law (2013 Revision);
means an area of land;
means an area needing special protection or controlled use in order to stabilise or restore important ecological features or functions;
includes batons, handcuffs and other means of restraints, protective vests, tasers and pepper spray;
means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecological complexes of which they form part, and includes diversity within species, between species and of ecological systems;
means a species other than a protected species whose status under this Law is under investigation and consideration;
means a person who possesses Caymanian status under the repealed Immigration Law (2003 Revision) or any earlier law providing for the same or similar rights, and includes a person who acquired that status under Part III of the Immigration Law (2013 Revision);
means the inland waters, territorial waters and all other waters in which the Islands has jurisdiction in respect of the protection and preservation of the marine environment under international law;
means an order under section 30(1);
means the Central Planning Authority established under the Development and Planning Law (2011 Revision);
means the United Nations Framework Convention on Climate Change (New York, May 1992);
in relation to a specimen includes to cut, uproot, pick, gather or remove the specimen from its original habitat;
means an agreement under section 13;
means an area of privately owned land that is regulated by a conservation agreement;
means a person appointed under section 25;
means a person designated under section 48;
means a plan under section 17;
means the Climate Change Convention, Ramsar, the Migratory Species Convention, the Global Convention, the Regional Convention and SPAW and any amendments and successors to those Conventions;
includes all species of marine coral and specimens thereof;
means the National Conservation Council established under section 3;
means the Grand Court;
means the specific area or areas of land containing the physical, biological and ecological features needed for the conservation of a species as specified in the conservation plan related to that species;
means the Development Control Board established under the Development and Planning Law (2011 Revision);
means a direction made by the Cabinet under this Law;
means a directive made by the Council under this Law and includes an interim directive under section 11(3) or 17(7);
means the Director of the Department of government responsible for the environment;
means the district of Bodden Town, East End, George Town, North Side, West Bay, Cayman Brac or Little Cayman;
means a dynamic complex of species and their non-living environment interacting as a functional unit;
means a species that has been recorded in the wild in the Islands or whose range includes any part of the Islands and —
that is in danger of extinction throughout all or part of its range; or
whose survival is unlikely if the factors jeopardising it continue to operate;
means a species whose breeding range is limited to the Islands or any part thereof;
means any body of the government and includes the Cabinet, any ministry, portfolio, statutory authority, government company or any other body which exercises a public function;
means an assessment under section 43;
has the meaning assigned by the Public Management and Finance Law (2013 Revision);
means a trap for catching fish;
means the environmental protection fund continued under section 46;
means the Convention on Biological Diversity (Rio de Janeiro, 1992);
has the meaning assigned by the Public Management and Finance Law (2013) Revision;
means gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation;
includes to pursue, stalk, trap or kill;
means the taking of a species that is incidental to and not the purpose of an otherwise lawful activity;
means a species, other than an alien species, whose breeding range includes any part of the Islands;
means to change adversely, whether in the long or short term, a chemical, biological, ecological or physical attribute;
includes land covered with water and any terrestrial, wetland or marine area within the Islands;
means the Land Register compiled under Division 2 of Part II of the Registered Land Law (2004 Revision);
includes any regulation, directive, order, direction and management or conservation plan given, made or adopted under this Law;
means a licence granted under section 22(1);
means a management plan for a protected area made under section 10;
includes any terrestrial or wetland area forming part of the same ecological system;
means a species whose range includes any part of the Islands but which only occurs or occurs primarily in the Islands seasonally or during its migration;
means the Convention on the Conservation of Migratory Species of Wild Animals (Bonn, June 1979);
means the Minister responsible for the administration of this Law;
means the Ministry responsible for the administration of this Law;
means the National Trust for the Cayman Islands established under the National Trust Law (2010 Revision);
means any living or non-living resource that contributes to the conservation of or to the scientific, biological, ecological, cultural, educational, recreational, archaeological, aesthetic or other value or potential value of an area of land;
includes explosives and any substance not authorised under this Law by means of which a live specimen may be killed, stupefied or otherwise harmed;
means a species listed in Part 1 of Schedule 1, being an endangered or threatened species or a species otherwise requiring protection at all times;
means a species listed in Part 2 of Schedule 1, being a species that may only be hunted or collected in accordance with regulations or a conservation plan for that species;
means a permit granted under section 20 or section 21;
includes any corporation, either aggregate or sole, and any club, society, association, entity or other body, of one or more persons;
in relation to land or area, means the person registered under the Registered Land Law (2004 Revision) as the owner, chargee or lessee of that land or area;
means —
an area designated as a protected area under section 7;
an area specified as a conservation area under section 13;
an animal sanctuary designated in Schedule 4;
a marine park zone as defined by the Marine Conservation (Marine Parks) Regulations (2007 Revision);
an area designated as a no-diving zone in accordance with the Marine Conservation Regulations (2004 Revision); and
a restricted marine area as designated under the Restricted Marine Areas (Designation) Regulations (2003 Revision);
means a species referred to in section 15;
includes anything done in exercise or purported exercise of a function conferred upon a person in public life;
has the meaning assigned by section 124 of the Cayman Islands Constitution Order 2009;
means the Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar, Iran, February 1971);
means all the areas in which a species naturally occurs, whether permanently, seasonally or temporarily, including areas which it crosses or flies over whether on migration or otherwise;
means the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, Colombia, March 1983);
means the leaf of the Land Register kept in respect of a parcel of land or a registered lease under the Registered Land Law (2004 Revision);
means the Registrar of Lands appointed under section 5 of the Registered Land Law (2004 Revision);
means regulations made under this Law;
means a component or components of the climate system where a greenhouse gas or a precursor of a greenhouse gas is stored;
means —
a determination with respect to a protected area that, based upon reasonable factual evidence and after full consideration of the purposes for which the area was designated as a protected area, an overriding public interest would be clearly and convincingly advanced by changes in the protected status of the area and that no other reasonable alternative exists; or
a determination with respect to a protected species that, based upon generally accepted scientific procedures and clear and reasoned evidence, the population levels and conservation status of the species in the Islands are such that special protection under the Law is no longer necessary on those grounds;
means any process, activity or mechanism which removes a greenhouse gas, aerosol or precursor of a greenhouse gas from the atmosphere;
means the Protocol Concerning Specially Protected Areas and Wildlife to the Regional Convention (Kingston, Jamaica, January 1990);
includes a mechanical or pneumatic spear gun, a Hawaiian sling, a pole spear, a stick spear, a hook stick, harpoon, rod or any device with a pointed end which may be used to impale, stab or pierce any marine life, but does not include a striker;
mean any species or subspecies of plant or animal or any geographically or genetically separate population thereof;
means an animal or plant, whether live or dead, or any part or derivative thereof and includes, in the case of an animal, an egg, sperm, gamete or nest and, in the case of a plant, a seed or spore;
means an entity established by a law to carry out functions which are capable, under that law, of being funded, partly or entirely, by money provided by the Cabinet, and for which the Governor or the Cabinet has the power to appoint or dismiss the majority of the Board or other governing body;
means a wooden pole at least ten feet in length with no more than two barb-less prongs attached to one end;
means the use of the components of biological diversity or natural resources in a way and at a rate that does not lead to their long term decline, thereby maintaining their potential to meet the needs and aspirations of present and future generations;
means to collect, hunt, kill, destroy, damage, injure, disturb, harass, harm, wound, capture, molest or impede a live specimen in any way or to attempt to do so, and includes incidental taking;
includes any wetland or marine area forming part of the same ecological system;
means a species that has been recorded in the wild in the Islands or whose range includes the Islands and —
that is likely to become endangered within the foreseeable future throughout all or part of its range if the factors causing its numerical decline or the degradation of its habitat continue to operate; or
that is rare and at risk of becoming endangered or extinct because it usually occurs only in restricted geographical areas or habitats or its population is thinly scattered over a more extensive area;
includes any aircraft, hovercraft, ship, boat, lighter and other floating craft and all gear and equipment carried thereon;
means any area of marsh, swamp, mangrove or other non-marine water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, and includes any terrestrial or marine area forming part of the same ecological system;
has the same meaning given to the term "Convention Area" in Article 2(1) of the Regional Convention; and
means all populations of live animals and plants in the Islands other than captive-bred, domesticated or cultivated specimens and "wild" shall be construed accordingly.

Defined Terms

adverse effectadvisory committeealien speciesanimal welfare officerareaarea of special concernarmsbiological diversitycandidate speciesCaymanianCayman waterscease and desist orderCentral Planning AuthorityClimate Change Conventioncollectconservation agreementconservation areaconservation officerconservation wardenconservation planConventionscoralCouncilcourtcritical habitatDevelopment Control BoarddirectiondirectiveDirectordistrictecological systemendangered speciesendemic speciesentityenvironmental impact assessmentfinancial yearfish potFundGlobal Conventiongovernment companygreenhouse gaseshuntincidental takingindigenous speciesinjurelandLand RegisterLawlicencemanagement planmarine areamigratory speciesMigratory Species ConventionMinisterMinistryNational Trustnatural resourcenoxious substancePart 1 speciesPart 2 speciespermitpersonproprietorprotected areaprotected speciespublic functionpublic officerRamsarrangeRegional ConventionRegisterRegistrarregulationsreservoirsignificant reasonssinkSPAWspear gunspeciesspecimenstatutory authoritystrikersustainable usetaketerrestrial areathreatened speciesvesselwetlandWider Caribbean Regionwildlife

Cross References