Document ID: chunk:federal_register_of_legislation:F2025L00070:body:0:p30
Version: federal_register_of_legislation:F2025L00070
Segment Type: other
Provision Reference: 
Character Range: 101037–104165

this management plan. The prescriptions in this section enable the Director to consider and authorise new activities in the Christmas Island Marine Park. They also enable the Director to authorise activities in new ways that are identified to be more efficient and effective.

Prescriptions

        1.            The Director may take actions that are not covered by specific prescriptions in this plan, including actions otherwise prohibited or restricted by sections 354 and 354A of the EPBC Act (for example, keeping or moving a member of a native species).

        2.            The Director may authorise (by a permit, class approval, activity licence or lease under Section 4.4 (Authorisation of allowable activities)) actions by other persons that are not covered by prescriptions in this plan, including actions covered by sections 354 and 354A of the EPBC Act and the EPBC Regulations.

        3.            The Director may issue permits, class approvals, activity licences or leases, or other usage rights in place of existing authorisations under this plan.

   1.            Making decisions about activities

The prescriptions in this section outline the approach and considerations of the Director when making decisions about what activities will be authorised in Christmas Island Marine Park.

     1.      Decision making

Prescriptions

        1.                Decisions about activities will:

     1.       consider the potential impacts, risks and benefits to the values of Christmas Island Marine Park as set out in Chapter 2.3 of this plan, marine parks users and stakeholders; and

     2.       be consistent with the objectives of the Christmas Island Marine Park set out in Chapter 3.1, the objectives of the zone or zones in which the activity will be or is being carried out, and the applicable Australian IUCN reserve management principles as set out in Schedule 8 of the EPBC Regulations.

           1.                Before authorising a proposed activity, the Director must be satisfied that:

     1.       potential impacts on and risks to the values of Christmas Island Marine Park will be avoided or reduced to as low as reasonably practicable;

     2.       the proponent has consulted or will consult appropriately with stakeholders, including relevant representatives of the Christmas Island community;

Note: The Director will provide guidance for proponents on what constitutes appropriate consultation where requested.

     1.       the proponent has the capacity to comply with the conditions of the authorisation; and

     2.       the relevant regulatory requirements have been or will be met.

         1.      Assessment under other processes

Prescriptions

        1.                For the purposes of Section 4.4.1 (Decision making), the Director may consider the assessment of proposed activities made under Chapter 4 of the EPBC Act or the Environment Protection (Sea Dumping) Act 1981 or under a government or industry policy, plan, or program.

     1.      Review of decisions

The prescriptions in this section outline the processes for seeking a review of a