Document ID: chunk:federal_register_of_legislation:F2018L00326:front:0:p25
Version: federal_register_of_legislation:F2018L00326
Segment Type: other
Provision Reference: 
Character Range: 70539–75039

to an allowed or allowable activity (Schedule 1).
In accordance with s.359A of the EPBC Act, this plan does not prevent Indigenous people from continuing, in accordance with law, the traditional use of an area in a marine park for non-commercial hunting or food gathering, and for ceremonial and religious purposes. Section 8 of the EPBC Act provides that this plan does not affect the operation of the Native Title Act 1993, which also includes provisions that preserve customary rights to use land and waters (Schedule 1).

Rules for activities
This plan enables activities to be conducted in zones consistent with the zone objectives (Part 3) while enabling the impacts to be effectively managed. The prescriptions in Section 4.2.1 (General use, access, and waste management) apply to all marine park users of the South-west Network. Sections 4.2.2 to 4.2.11 prescribe the rules applying to particular uses. Section 4.2.12 (New activities and authorisations) enables new activities to be considered and new forms of authorisation to be used. Table 4.1 provides a summary of the rules for activities in zones assigned to marine parks of the South-west Network. The zones are shown in Figure 3.1 and more specifically shown in marine park maps in Schedule 2, and described in Schedule 4.
Table 4.1 Summary of rules for activities in the South-west Network (provided in Part 4)
                                          Special Purpose Zone (Trawl)  Special Purpose Zone  Special Purpose Zone (Mining Exclusion)  Multiple Use Zone  Habitat          National Park Zone
Activity                                  (VI)                          (VI)                  (VI)                                     (VI)               Protection Zone  (II)
                                                                                                                                                          (IV)
GENERAL USE, ACCESS AND WASTE MANAGEMENT  ✓                             ✓                     ✓                                        ✓                  ✓                ✓
(Section 4.2.1)
COMMERCIAL SHIPPING                       ✓                             ✓                     ✓                                        ✓                  ✓B               ✓B
(Section 4.2.2)
COMMERCIAL FISHING                        A                             A                     A                                        A                  A                xB
(Section 4.2.3)
AQUACULTURE                               A                             A                     A                                        A                  A                xB
(Section 4.2.4)
COMMERCIAL MEDIA                          A                             A                     A                                        A                  A                A
(Section 4.2.5)
COMMERCIAL TOURISM                        A                             A                     A                                        A                  A                A
(Section 4.2.6)
RECREATIONAL FISHING                      ✓                             ✓                     ✓                                        ✓                  ✓                x
(Section 4.2.7)
MINING                                    A                             A                     x                                        A                  x                x
(Section 4.2.8)
STRUCTURES AND WORKS                      A                             A                     A                                        A                  A                A
(Section 4.2.9)
RESEARCH AND MONITORING                   A                             A                     A                                        A                  A                A
(Section 4.2.10)
NATIONAL SECURITY AND EMERGENCY RESPONSE  ✓                             ✓                     ✓                                        ✓                  ✓                ✓
(Section 4.2.11)

✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.
x Activity is not allowed.
A Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
B Anchoring is not allowed except in anchoring areas determined under r.12.56 of the EPBC Regulations.

General use, access, and waste management