Document ID: chunk:federal_register_of_legislation:F2016L00002:reg:2015:p11
Version: federal_register_of_legislation:F2016L00002
Segment Type: reg
Provision Reference: reg 2015 (pt 11/16)
Character Range: 517904–520767

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 another exception prescribed by r.12.06(1) of the Regulations applies.

The EPBC Act does not affect the operation of the Native Title Act 1993 and s.211 in particular, which in certain circumstances allows native title holders to hunt (and undertake other activities) in the exercise of native title rights without a permit or licence (s.8 EPBC Act). Prohibitions and other provisions of the EPBC Act and EPBC Regulations dealing with activities in Commonwealth reserves do not prevent Indigenous people from continuing their traditional use of an area in a reserve for hunting or gathering (except for purposes of sale), or for ceremonial and religious purposes, in accordance with the EPBC Act s.359A.
Section 358 allows the Director to grant a lease or a licence relating to land or seabed in a Commonwealth reserve in accordance with a management plan.
Access to biological resources in Commonwealth areas is regulated under Part 8A of the EPBC Regulations. Access to biological resources is also covered by ss.354 and 354A of the EPBC Act if the resources are members of a native species and/or if access is for commercial purposes.
Mining operations are prohibited in Kakadu National Park by the EPBC Act (s.387).
Actions that may require additional approval under the EPBC Act

Environmental impact assessment

Actions that are likely to have a significant impact on 'matters of national environmental significance' are subject to the referral, assessment and approval provisions of chapters 2 to 4 of the EPBC Act (irrespective of where the action is taken).
At the time of preparing this plan, the matters of national environmental significance identified in the EPBC Act are:
   World Heritage listed properties
    * National Heritage listed places

    * Ramsar wetlands of international importance

    * nationally listed threatened species and ecological communities

    * listed migratory species

    * nuclear actions (including uranium mining)

    * Commonwealth marine areas

    * Great Barrier Reef Marine Park.

Places on the Commonwealth Heritage List and Register of the National Estate are defined as forming part of the environment for the purposes of the EPBC Act.
The referral, assessment and approval provisions also apply to actions on Commonwealth land that are likely to have a significant impact on the environment and to actions taken outside Commonwealth land that are likely to have a significant impact on the environment on Commonwealth land. The park is Commonwealth land for the purposes of the EPBC Act.
Responsibility for compliance with the assessment and approval provisions of the EPBC Act