Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p59
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 188677–191746

within 21 days after the decision first comes to the notice of the person, and

         c)      set out in the written notice the reasons for making the request.
        1.                The Director will follow the process in Division 14.3 of the EPBC Regulations when reconsidering a decision made under Section 4.5 of this Plan.
        2.                A person may apply to the Administrative Review Tribunal for the review of the Director's reconsideration decision.

4.5           Authorisation of activities
The prescriptions in this section (4.5) describe the types of authorisations that can be
granted under this plan, the specific processes and consideration for issuing those types
of authorisations, and the conditions that may be imposed by the Director.

4.5.1     Authorised activities

Prescriptions

       4.5.1.1               The Director may authorise allowable activities through a permit, class approval, activity licence or lease in accordance with this section (4.5).

       4.5.1.2               The Director may authorise an activity that would otherwise not be allowed under this management plan, through a permit, class approval, activity licence or lease in accordance with this section (4.5), only where:

         a)      the activity is required to address a threat or emergency to Australia as a whole,

         b)      the proponent has demonstrated, to the satisfaction of the Director, that the threat or emergency cannot be mitigated or addressed by undertaking the activity outside of the marine park,

         c)      the activity cannot be postponed until the management plan expires or an amendment is made to the management plan to allow the proposed activity, and

         d)      the proponent has demonstrated, to the satisfaction of the Director, that the potential impacts and risks from the activity to the park values are reduced and mitigated to as low as is reasonably practicable.

       4.5.1.3               For any activity authorised under prescription 4.5.1.2, the Director will publish the reasons for making the decision on the Parks Australia website.

4.5.2     Permits

The Director may issue a permit under Part 17 of the EPBC Regulations to authorise a person or persons to conduct an allowable activity  for example, for an activity that is one-off, time bound or not carried out in the same way by all operators.

Prescriptions

       4.5.2.1               The Director may issue a permit for an allowable activity, where prescribed by Section 4.3 (Prescriptions for activities) of this plan in accordance with Part 17 of the EPBC Regulations and subject to the prescriptions (if any) relating to the particular activity.

       4.5.2.2               In assessing a permit application, the Director may ask the applicant for more information if the Director considers there is insufficient information to decide whether to issue the permit.

       4.5.2.3               In assessing a permit application for an activity that has been subject to a referral under Part 7 of the EPBC Act or