Document ID: chunk:federal_register_of_legislation:F2021L00219:body:0:p31
Version: federal_register_of_legislation:F2021L00219
Segment Type: other
Provision Reference: 
Character Range: 88588–91707

botanic garden promote park and botanic garden values and enhance visitor experience without compromising management actions or the cultural and natural values of the park and botanic garden.

         Background
         Parts of the park and botanic garden are managed to provide opportunities for public recreation and enjoyment. This creates opportunities for local tourism businesses to provide products and services to visitors to the park and botanic garden.

         Commercial activities which may take place within the Mount Pitt section of the park include tours by bus, mountain bikes, horse riding and walking as well as photography and events management. Commercial operators may also be authorised to operate guided walking tours on Phillip Island.

         During the life of the plan it may be appropriate to consider and grant leases, subleases and licences of land or premises for other purposes e.g. to new and emerging business enterprises or to utility providers (for areas of land containing cables and pipes for electricity, gas, water or communication services). Section 358(2) of the EPBC Act allows the Director to grant a lease, sublease, or licence relating to land in the park or botanic garden provided it is in accordance with a management plan.

         Sections 354 and 354A of the EPBC Act require that commercial tourism and other commercial activities may only be carried on in accordance with this plan.

         Regulation 12.36 of the EPBC Regulations deems commercial activities carried out in airspace up to 3,000 metres above sea level over a Commonwealth reserve to be carried out in the reserve, and prohibits such activities.

         Issues
           •      There is a need to enable appropriate commercial tourism opportunities that present the unique characteristics of the park and botanic garden without adversely impacting upon park and botanic garden values.
           •      Commercial tour activities must be conducted in a manner that ensures visitor safety.
           •      Management of commercial use of park and botanic garden resources requires resources and monitoring.

         Prescriptions
3.3.1          Commercial tourism and other commercial activities may be carried on in accordance with a permit or licence issued by the Director.
3.3.2          Permits and licences will not be issued unless the Director is satisfied that the activity:

               (a)    will not adversely impact upon the values of the park or botanic garden promotes an understanding and appreciation of the park and botanic garden's natural and cultural heritage

               (b)    will not interfere with other park and botanic garden users; and does not present an unreasonable risk to public safety and the operator

               (c)     has sufficient public liability insurance for the duration of the licence/permit
               (d)    observes workplace health and safety standards and laws; and

               (e)    has sufficient first aid qualifications and rescue capacity available.

3.3.3          Tour operators applying for a permit or