Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p55
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 176287–179491

with a permit, class approval or activity licence or lease issued by the Director.
Note: Transit and anchoring are allowed as part of activities allowed and authorised under this section (4.3.12).

Prescriptions

       4.3.12.1           Research and monitoring activities, which includes any actions that would have otherwise been prohibited under sections 354 and 354A of the EPBC Act and Division 12 of the EPBC Regulations, may be carried out in all zones in the
       South-east Network and are subject to the prescriptions in this section (4.3.12).

       4.3.12.2           Any research and monitoring activities must be carried out under:

         a)      a permit issued under Section 4.5.2 (Permits)

         b)      a class approval issued under Section 4.5.3 (Class approvals), noting that a
         class approval will not be issued for research and monitoring that involves activities covered by Section 4.3.12.6, or

         c)      an activity licence or lease issued under Section 4.5.4 (Activity licences
         and leases).

       4.3.12.3           Without limiting prescription 4.3.12.2, research and monitoring activities must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).

       4.3.12.4           Research activities that involve access to biological resources within the meaning of Part 8A of the EPBC Regulations must comply with the requirements of that Part (in addition to the requirements of this section (4.3.12)).

       4.3.12.5           Before issuing an authorisation for research and monitoring activities under Section 4.5, the Director must:

         a)      consider the aim of the proposed activity or class of activities, ethical issues and how knowledge from the proposed activity or class of activities might benefit the understanding and management of the South-east Network

         b)      be satisfied that the activity is relevant to, or a priority for, the management of the South-east Network.

       4.3.12.6           Before issuing an authorisation under Section 4.5 for research and monitoring that involves commercial fishing activities that would otherwise be prohibited under Section 4.3.2 (Commercial fishing), the Director must be satisfied that:

         a)      the project is proposed to be carried out in an area where the same or similar research and monitoring has been carried out previously

         b)      it is not practicable for the project to be carried out outside the proposed area

         c)      the activity will provide information relevant to understanding the impacts of activities on the marine environment, or to supporting sustainable use in the marine environment

         d)      the activity is relevant to, or a priority for, the management of the South-east Network

         e)      the project activities will not have an unacceptable impact on the values of the area in which the research and monitoring will be carried out

         f)        the project will be carried out in a manner not inconsistent with achieving the objectives of this plan.

       4.3.12.7           Authorisation holders will be required to make results of research and