Document ID: chunk:federal_register_of_legislation:F2018L00322:front:0:p41
Version: federal_register_of_legislation:F2018L00322
Segment Type: other
Provision Reference: 
Character Range: 119724–122552

plan or program that has been endorsed under Part 10 of the EPBC Act, may be conducted in accordance with the conditions of that authorisation and a class approval under Section 4.4.2; or
 3. that are the subject of a decision under Part 7 of the EPBC Act and are not a controlled action if taken in a particular manner, may be conducted in that manner and in accordance with the conditions of a class approval issued under Section 4.4.2.

Mining operations in a Special Purpose Zone (Trawl) (VI) or Multiple Use Zone (VI) not authorised by a class approval referred to in Section 4.2.9.3 may be conducted in accordance with a permit issued under Section 4.4.1 (Permits) or a class approval issued under Section 4.4.2 (Class approvals).

Mining operations that are the construction and operation of pipelines and the carrying on of other activities for the purposes of those operations (e.g. surveys) may be conducted in a:
 1. Habitat Protection Zone (IV);
 2. Recreational Use Zone (IV); or
 3. National Park Zone (II),
in accordance with Section 4.2.9.6.

The Director may issue an authorisation under Section 4.4 (Authorisation of allowable activities) for the construction and operation of pipelines and the carrying on of other activities for the purposes of those operations (e.g. surveys) through a:
 1. Habitat Protection Zone (IV);
 2. Recreational Use Zone (IV); or
 3. National Park Zone (II),
if the Director is satisfied that alternative routes are not feasible or practicable.

Mining operations must be conducted in accordance with an authorisation (however described) under the OPGGS Act or the Offshore Minerals Act 1994 to the extent those laws apply to the operations and are capable of operating concurrently with this plan.

Notwithstanding Section 4.2.9.1, actions required to respond to oil pollution incidents, including environmental monitoring and remediation, in connection with mining operations authorised under the OPGGS Act, may be conducted in all zones without an authorisation issued by the Director, provided that the actions are taken in accordance with an environment plan that has been accepted by NOPSEMA, and the Director is notified in the event of oil pollution within a marine park, or where an oil spill response action must be taken within a marine park, so far as reasonably practicable, prior to response action being taken.

Scientific research and environmental monitoring in connection with a particular mining operation may be conducted in all zones in accordance with Section 4.2.11 (Research and monitoring).
Note: For the avoidance of doubt, research and monitoring does not include activities or operations for the purpose of prospecting or exploration for minerals.

Structures and works
The prescriptions in this Section set out the rules for structures and works in the