Document ID: chunk:federal_register_of_legislation:F2021L00219:body:0:p49
Version: federal_register_of_legislation:F2021L00219
Segment Type: other
Provision Reference: 
Character Range: 141609–144655

an excavation; or
           •      erect a building or other structure; or
           •      carry out works; or
           •      take an action for commercial purposes.
         The EPBC Act (ss.355 and 355A) also prohibits mining operations being taken in Commonwealth reserves except in accordance with a management plan.

         The EPBC Regulations control, or allow the Director to control, a range of activities in Commonwealth reserves, such as camping, use of vehicles and vessels, littering, commercial activities and research. The Director applies the Regulations subject to
         and in accordance with the EPBC Act and management plans. The Regulations do not apply to the Director or to wardens or rangers appointed under the 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, if they are carried on in accordance with a management plan, or if another exception prescribed by r.12.06(1) of the Regulations applies.

         Wildlife protection
         The EPBC Act also contains provisions (Part 13) that prohibit and regulate actions in relation to listed threatened species and ecological communities, listed migratory
         species, cetaceans (whales and dolphins) and listed marine species. Appendices B, C and D to this plan list species that occur in the park and botanic garden that are listed threatened species, listed migratory species and listed marine species under the EPBC Act.

         Actions taken in accordance with a Commonwealth reserve management plan that is in operation under the EPBC Act are exempt from Part 13.

         Penalties
         Civil and criminal penalties may be imposed for breaches of the EPBC Act.

         Heritage protection
         At the time of preparing this plan the Mount Pitt Section of the National Park is an 'indicative place' for possible inclusion in the Commonwealth Heritage List under the Act. Phillip Island is listed on the Commonwealth Heritage List.

         The EPBC Act Commonwealth Heritage protection provisions (ss.341A to 341ZH) relevantly provide:

           •      for the establishment and maintenance of a Commonwealth Heritage List, criteria and values for inclusion of places in the list and management principles for places that are included in the list
           •      that Commonwealth agencies must not take an action that is likely to have an adverse impact on the heritage values of a place included in the Commonwealth Heritage
           List unless there is no feasible and prudent alternative to taking the action, and all measures that can reasonably be taken to mitigate the impact of the action on those values are taken; and
           •      that Commonwealth agencies that own or control places must:
              1. prepare a written heritage strategy for managing those places to protect and conserve their Commonwealth Heritage values, addressing any matters required by the EPBC Regulations, and consistent with