Document ID: chunk:federal_register_of_legislation:F2018L00326:front:0:p51
Version: federal_register_of_legislation:F2018L00326
Segment Type: other
Provision Reference: 
Character Range: 150216–153100

for, an offence under the EPBC Act, EPBC Regulations, or any other law of the Commonwealth about the protection, conservation or management of native species or ecological communities.
Note: Where a person has been removed from a class approval, they may apply for a permit under Section 4.4.1 (Permits) or an activity licence under Section 4.4.3 (Activity licences and leases).
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

Activity licences and leases
An activity licence or lease may be issued to authorise an activity where it is more appropriate than the use of a permit or class approval, such as for tourism activities or activities that involve the installation of infrastructure (such as moorings or marker buoys). For the majority of these types of activities a licence will be the most suitable form of authorisation; however, this plan also provides for the Director to grant leases over land. Licences and leases are transferable and generally granted for a longer term than permits. They may include agreed fees reflecting the commercial value of the authorisation and, in the case of leases, provide security of tenure over land to support investment in infrastructure.
An activity licence authorises the holder to conduct their activities in the area to which the licence relates. A lease provides exclusive possession of the area of land in which an activity is to be conducted. Licences and leases enable continued growth of marine park services and allow for the growth of appropriate commercial business opportunities and partnerships with the Director that will maintain and promote marine park values.
Prescriptions

An activity licence or lease may be granted where prescribed by Section 4.2 (Rules for activities), subject to the prescriptions (if any) relating to the activity.

An activity licence or lease may be subject to conditions including but not limited to:
 1. specifying the area in which, and the periods during which, the authorised activity may be conducted;
 2. requiring the impacts of the authorised activity to be prevented or mitigated by specified actions developed in consultation with the Director;
 3. regulating the use of, or requiring the use of vessel identification and monitoring systems;
 4. the provision of, or consent for access to data for compliance and monitoring purposes;
 5. making results of data collection, research and monitoring available to the Director (and in a specific format where relevant);
 6. requiring reporting or auditing;
 7. complying with other Commonwealth, state or territory laws and authorisations issued under such laws;
 8. requiring, restricting or prohibiting the use of specified gear, equipment or practices;
 9.