Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p5
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 5/46)
Character Range: 241684–244313

with the continuing cultural use of the reserve, including residence, by the traditional owners of indigenous people's land; or
 (f) interfere with the privacy of other persons; or
 (g) be inconsistent with a management plan in operation for the reserve.

12.04  Specifying time by reference to events
  For this Part, time may be measured by reference to events, including the following:
 (a) the rising or setting of the sun;
 (b) forecast or actual meteorological conditions including temperature, wind, rainfall or fire danger;
 (c) the ebb or flow of tides;
 (d) fire, flood, earthquake, storm or other natural disasters;
 (e) seasons;
 (f) the arrival or departure of migratory species;
 (g) the occurrence or duration of a cultural event.

12.05  Publication requirement
  For this Part, if an instrument must be published and the way of publication is not stated, it must be published in the Gazette.

Division 12.2—Regulatory provisions

Subdivision 12.2.1—Preliminary

12.06  Activities that are not offences under Division 12.2
 (1) An offence provision in this Division does not apply to an activity that:
 (a) is provided for by, and carried out in accordance with, a management plan in force for the reserve; or
 (b) is carried out by the Director, a ranger, warden or inspector in the performance of his or her duties; or
 (c) is authorised by a permit in force under subregulation (2); or
 (d) is carried out by an indigenous person in accordance with conditions mentioned in regulation 12.08; or
 (e) is carried out on indigenous people's land in a jointly managed reserve:
 (i) by a traditional owner of the land and is a traditional use of the land; or
 (ii) by an indigenous person who is entitled, by indigenous tradition governing the rights of that person with respect to that land, to use or occupy the land, whether or not the entitlement is qualified as to place, time, circumstance, purpose or permission, and is a traditional use of the land; or
 (f) is approved under Part 9 of the Act for subsection 23(1) or (2), 24A(1), (2), (3) or (4), 26(1) or (2) or 27A(1), (2), (3) or (4) of the Act; or
 (g) is:
 (i) in a class of actions declared by the Minister not to require approval under Part 9 of the Act for subsection 23(1) or (2), 24A(1), (2), (3) or (4), 26(1) or (2) or 27A(1), (2), (3) or (4) of the Act; and
 (ii) taken in accordance with a management plan that is an accredited management plan for the purposes of the declaration; or
 (h) is provided for by, and carried out in accordance with, a wildlife conservation plan, a recovery plan or a threat abatement plan in force under Division 5