Document ID: chunk:federal_register_of_legislation:F2016L00002:reg:2015:p10
Version: federal_register_of_legislation:F2016L00002
Segment Type: reg
Provision Reference: reg 2015 (pt 10/16)
Character Range: 515104–518128

regulating them; and

    * indicate how the plan takes account of Australia's obligations under each agreement with one or more other countries that is relevant to the reserve (including World Heritage Convention and the Ramsar Convention, if appropriate); and

    * if the reserve includes a National Heritage place:

      (i)          not be inconsistent with the National Heritage management principles; and
      (ii)          address the matters prescribed by regulations made for the purposes of paragraph 324S(4)(a); and
    * if the reserve includes a Commonwealth Heritage place:

       (i)          not be inconsistent with the Commonwealth Heritage management principles; and
       (ii)          address the matters prescribed by regulations made for the purposes of paragraph 341S(4)(a).
    * In preparing a management plan the EPBC Act (s.368) requires account to be taken of various matters. In relation to the Kakadu these matters include:

       (i)          the regulation of the use of the park for the purpose for which it was declared
       (ii)          the interests of:
       (iii)           the traditional owners of the park
       (iv)           any other Indigenous persons interested in the park
       (v)           any person who has a usage right relating to land, sea or seabed in the park that existed (or is derived from a usage right that existed) immediately before the park was declared
    * the protection of the special features of the park, including objects and sites of biological, historical, paleontological, archaeological, geological and geographical interest

    * the protection, conservation and management of biodiversity and heritage within the park

    * the protection of the park against damage

    * Australia's obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.

Control of actions in Commonwealth reserves

The EPBC Act (ss.354 and 354A) prohibits certain actions being taken in Commonwealth reserves except in accordance with a management plan. These actions are:
    * kill, injure, take trade, keep or move a member of a native species; or

    * damage heritage; or

    * carry out an excavation; or

    * erect a building or other structure; or

    * carry out works; or

    * take an action for commercial purposes.

The EPBC Regulations control, or allow the Director to control, a range of activities in Commonwealth reserves, such as camping, use of vehicles and vessels, littering, commercial activities and research. The Director applies the Regulations subject to and in accordance with the EPBC Act and management plans. The Regulations do not apply to the Director or to wardens or rangers appointed under the EPBC Act. Activities that are prohibited or restricted by the EPBC Regulations may be carried on if they are authorised by a permit issued by the Director and/or they are carried on in accordance with a management plan or if