Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p57
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 182904–186161

operations for defence, customs, border protection, law enforcement or emergency response (including response to pollution events resulting from mining or geological storage activities) may be carried out without the need for authorisation under Section 4.5 (Authorisation of activities)

         b)      for any other purposes may be carried out under a permit or class approval issued by the Director in accordance with Section 4.5 (Authorisation of activities).

4.3.14                         New activities and authorisations

New activities may be required or proposed in the South-east Network during the life of this plan that are not covered by the prescriptions in this plan. The prescriptions in this section (4.3.14) enable the Director to consider and authorise new activities in the South-east Network. This could include activities whose details are not known at the time of plan publication, such as actions required to restore habitats and support climate adaptation. They also enable the Director to authorise activities in new ways that are identified to be more efficient and effective and reduce unnecessary administrative burden.

Prescription

       4.3.14.1           The Director may authorise (by a permit, class approval, activity licence or lease under Section 4.5 Authorisation of activities) actions that are not covered by specific prescriptions in this plan, including actions prohibited under sections 354 and 354A of the EPBC Act and Division 12 of the EPBC Regulations.

4.4           Making decisions about activities
The prescriptions in this section (4.4) outline the approach and considerations of the Director when assessing and making decisions about what activities will be authorised in marine parks.
This section (4.4) applies to all assessments and decisions made by the Director under
Section 4.5 (Authorisation of activities).

4.4.1     Decision-making

Prescriptions

        1.                Before authorising a proposed activity, the Director must consider:

         a)      the potential impacts, risks and benefits to marine park values, marine parks users, First Nations people and stakeholders

         b)      whether the proposed activity is consistent with the objectives of the marine
         park, objectives of the zone or zones in which the activity will be or is being carried out and the applicable reserve management principles (Schedule 8 of
         the EPBC Regulations).

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

         a)      potential impacts on and risks to marine park values will be avoided or reduced to as low as reasonably practicable

         b)      the potential impacts and risks of the activity on marine park values and representativeness are acceptable

         c)      the applicant has the capacity to comply with the conditions of the authorisation

         d)      relevant regulatory requirements have been or will be met.

  Note: The Director will develop and maintain publicly available resources to support the interpretation of these decision-making prescriptions (Section 4.4).

4.4.2     Assessments under other processes

Prescription

       4.4.2.1               For the purposes of