Document ID: chunk:federal_register_of_legislation:F2018L00327:front:0:p38
Version: federal_register_of_legislation:F2018L00327
Segment Type: other
Provision Reference: 
Character Range: 108920–111827

authorise activities in new ways that are identified to be more efficient and effective and reduce unnecessary administrative burden.
Prescriptions

The Director may take actions that are not covered by specific prescriptions in this plan, including actions covered by ss.354 and 354A of the EPBC Act.

The Director may authorise (by a permit, class approval, activity licence or lease under Section 4.4 Authorisation of allowable activities) actions by other persons that are not covered by specific prescriptions in this plan, including actions covered by ss.354 and 354A of the EPBC Act and EPBC Regulations.

The Director may issue permits, class approvals, activity licences or leases, or other usage rights, in place of existing authorisations under this plan.

The Director may make determinations, prohibitions or restrictions under provisions of Division 12.2 of the EPBC Regulations that are not covered by prescriptions in this plan.

Making decisions about activities
This plan provides for a higher level of protection within marine parks than applies to the Commonwealth marine area outside the Coral Sea Marine Park. The prescriptions in this Section outline the approach and considerations of the Director when assessing and making decisions about what activities will be authorised in marine parks.

Decision-making
Prescriptions

Decisions about activities will be consistent with the objectives of this plan, objectives of the zone or zones in which the activity will be or is being conducted, and the applicable reserve management principles (Schedule 8 of the EPBC Regulations).

Decisions will take into account the impacts and risks of the activity on the values of the Coral Sea Marine Park, acceptability of those impacts and risks, and potential impacts on marine park users, stakeholders and Indigenous people.

Impacts and risks of an activity will be assessed in accordance with the processes and policies established under the Assessments and authorisations program (Section 2.5).

Before authorising a proposed activity the Director must be satisfied that:
 1. the proponent suitably understands the marine park values;
 2. environmental impacts and risks on marine park values are understood, evaluated and able to be avoided or reduced to as low as reasonably practicable;
 3. the proponent has the capacity to comply with the conditions of the authorisation; and
 4. that relevant regulatory requirements have been or will be met.

The Director will not authorise an activity unless satisfied that:
 1. the activity is consistent with the zone objectives for the zone or zones in which the activity will be conducted (Part 3); and
 2. the potential impacts and risks of the activity on marine park values will be avoided or reduced to as low as reasonably practicable; and
 3. the potential impacts and risks of the activity on marine park values and representativeness are