s.3Definitions
3
Section 3Part 1 — Preliminary

Definitions

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In this Act —
"artificially propagated", in sections 6(2)(d) and 16(b), refers only to live plants grown by humans from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules under controlled conditions, where the cultivated parental stock —
was established to the satisfaction of the Management Authority in accordance with the provisions of the Convention and any relevant local laws;
was established in a manner not detrimental to the survival of the species in the wild; and
is managed in such a way as to be maintained indefinitely;
"authorised officer" means a constable, game warden, customs officer or any other person duly authorised by the Management Authority to enforce the provisions of this Act;
"bred in captivity", in sections 6(2)(d) and section 16(a), refers only to animals, including the eggs of animals, born or otherwise produced in a controlled environment either —
from parents that mated, or their gametes were otherwise transferred, in a controlled environment, if reproduction is sexual; or
from parents that were in a controlled environment when development of the offspring began, if reproduction is asexual,
and where, in either case, the parental breeding stock was established and is maintained to the satisfaction of the Management Authority so as to reliably produce second and subsequent generation offspring in compliance with the provisions of the Convention and any relevant local laws and in a manner not detrimental to the survival of the species in the wild;
"captive breeding facility" means a place or facility used for the captive breeding of animals;
"certificate" means a certificate granted by the Management Authority in accordance with this Act or, in the case of another country, granted in accordance with the Convention;
"commercial purpose" means any purpose with a commercial element, including all forms of trade other than a payment made exclusively for the transport of a specimen;
"controlled conditions" means a non-natural environment approved by the Management Authority that is intensively manipulated for the purpose of producing selected plant species or hybrids;
"controlled environment" means a facility approved by the Management Authority in which the environment is manipulated for the purpose of producing animals of a particular species and that has boundaries designed to prevent animals or their eggs or gametes from entering or leaving the facility;
"Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington D.C., March 1973), including all Resolutions of the Conference of the Parties under the Convention;
"court" means the Grand Court;
"domestic trade" in relation to a specimen, means any activity within the Islands that is carried out for primarily commercial purposes, including acquisition, possession, use, display, hire, manufacture, transport, sale, purchase, barter and exchange and offering to sell, purchase, barter or exchange;
"endangered species" means species threatened with extinction;
"export" means to take a specimen out of the Islands;
"import" means to land a specimen on or to introduce a specimen into (other than to introduce from the sea) or to bring a specimen into any part of the Islands, or to attempt to do so, other than by way of transit or transhipment;
"international trade" means the import, export, re-export, transit or transhipment or the introduction from the sea of a specimen;
"introduction from the sea" means the transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;
"Management Authority" means —
the authority established under section 4;
in the case of another country, the management authority of that country for the purposes of the Convention; or,
in the case of a country not a party to the Convention, the governmental authority of that country recognised for the purposes of this Act by the Management Authority;
"mark" means any indelible imprint, lead, seal or other suitable means of identification affixed to a specimen by or at the direction of a management authority;
"normal range" means the area of the Islands in which a species listed in Part 2 of the Schedule naturally occurs;
"nursery" means a place or facility used for the artificial propagation of plants;
"permit" means a permit granted by the Management Authority in accordance with this Act or, in the case of another country, granted in accordance with the Convention;
"personal or household effects" means specimens that are —
personally owned or possessed for non-commercial purposes, not including specimens that are used for —
commercial gain;
sale;
display for commercial purposes;
keeping for sale;
offering for sale; or
transport for sale;
legally acquired; and
at the time of import, export or re-export are either —
worn, carried or included in personal baggage; or
part of a household move;
"pre-Convention specimen" means a specimen certified by a management authority that it was acquired before the provisions of the Convention applied to it;
"prescribed" means prescribed by regulations made by the Cabinet under this Act;
"readily recognisable part, derivative or hybrid" means any specimen which appears from any accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part, derivative or hybrid of an animal or plant of a species included in any Part of the Schedule, unless such part, derivative or hybrid is specifically exempted from the Law;
"re-export" means to export a specimen that has previously been imported;
"registrable activity" means an activity specified in section 14(1);
"rescue centre" means a rescue centre established or designated by the Management Authority pursuant to section 4(2)(f);
"restricted item" means an item specified in section 23(2);
"Scientific Authority" means the authority established under section 5 or, in the case of another country, the scientific authority of that country for the purposes of the Convention;
"species" means any species or sub-species of animal or plant or any geographically or genetically separate population thereof;
"specimen" means an animal or plant, whether live or dead, of a species listed in any Part in the Schedule and, unless specifically exempted from this Act, any readily recognisable part, derivative or hybrid of such a species;
"threatened species" means a species that, although not necessarily now threatened with extinction, may become so unless trade in specimens of that species is subject to strict regulation or that must be subject to regulation in order that trade in other species may be brought under effective control;
"tourist souvenir" means personal or household effects acquired outside the owner's State of usual residence not including live specimens;
"trade" includes domestic and international trade;
"transit" or "transhipment" refers to —
a specimen in the course of shipment between two points outside the Islands to a named consignee whilst the specimen is in the customs control of the Islands and when any interruption in the movement of the specimen arises only from the requirements of customs procedures; and
in the case of commercial passenger ships, to a specimen which remains on board the ship at all times that the ship is within the territorial waters of the Islands;
"transport" refers to —
the conveyance of a specimen of a species listed in any Part of the Schedule between any two of the three islands of Grand Cayman, Cayman Brac and Little Cayman; and
in the case of species listed in Part 2 of the Schedule, to the conveyance of a live specimen within the Islands from a place within its normal range to a place outside its normal range; and
"vessel" includes any aircraft, hovercraft, ship, boat, lighter or other floating craft and all gear and equipment carried thereon.

Defined Terms

artificially propagatedauthorised officerbred in captivitycaptive breeding facilitycertificatecommercial purposecontrolled conditionscontrolled environmentConventioncourtdomestic tradeendangered speciesexportimportinternational tradeintroduction from the seaManagement Authoritymarknormal rangenurserypermitpersonal or household effectspre-Convention specimenprescribedreadily recognisable part, derivative or hybridre-exportregistrable activityrescue centrerestricted itemScientific Authorityspeciesspecimenthreatened speciestourist souvenirtradetransittranshipmenttransportvessel

Cross References