Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p40
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 118767–122743

Habitat Protection Zone (Lord Howe) (IV);
 4. Recreational Use Zone (IV); or
 5. 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 4.2.8.1, 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 4.2.10 (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 Temperate East Network, where the activity is not covered by Sections 4.2.1 to 4.2.8. These are summarised in Table 4.10. Research in connection with structures and works will be managed in accordance with Section 4.2.10 (Research and monitoring).
The prescriptions do not affect any structures or works that were installed in a marine park under a usage right relating to the seabed that existed immediately before the proclamation of the Temperate East Network (and preserved by s.359 of the EPBC Act).
Table 4.10 Summary of prescriptions for structures and works activities in the Temperate East Network
STRUCTURES AND WORKS                                                                 Special Purpose Zone (Trawl)  Special Purpose Zone (Norfolk)  Multiple Use Zone  Habitat          Habitat                      Recreational Use Zone  National Park Zone
Activity                                                                             VI                            VI                              VI                 Protection Zone  Protection Zone (Lord Howe)  IV                     II
                                                                                                                                                                      IV               IV
Excavation (other than dredging), erection and maintenance of structures, and works  A                             A                               A                  A                A                            A                      A
Dredging and disposal of dredged material                                            A                             A                               A                  x                x                            x                      x
Artificial reefs                                                                     A                             A                               A                  A                A                            A                      AF
Fish aggregating devices                                                             A                             A                               A                  A                A                            A                      x

x Activity is not allowed.
A Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
F Activity is