Document ID: chunk:federal_register_of_legislation:F2018L00326:front:0:p63
Version: federal_register_of_legislation:F2018L00326
Segment Type: other
Provision Reference: 
Character Range: 185834–188631

the area is included in the reserve.
Under the EPBC Act (s.368), in preparing a management plan for a Commonwealth reserve, the Director must take account of:
 1. any report considered by the Minister under Section 351 before a proclamation declaring the reserve was made; and
 2. the regulation of the use of the reserve for the purpose for which it was declared; and
 3. the interests of:
(i) any owner of any land or seabed in the reserve; and
(ii) the traditional owners of any Indigenous people's land in the reserve; and
(iii) any other Indigenous persons interested in the reserve; and
(iv) any person who has a usage right relating to land, sea or seabed in the reserve that existed (or is derived from a usage right that existed) immediately before the reserve was declared; and
 1. the protection of the special features of the reserve, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; and
 2. the protection, conservation and management of biodiversity and heritage within the reserve; and
 3. the protection of the reserve against damage; and
 4. Australia's obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.
Control of actions in Commonwealth reserves
The EPBC Act (ss.354 and 354A) prohibits certain actions being taken in Commonwealth reserves except in accordance with a management plan in operation for the reserve:
 1. kill, injure, take trade, keep or move a member of a native species; or
 2. damage heritage; or
 3. carry out an excavation; or
 4. erect a building or other structure; or
 5. carry out works; or
 6. take an action for commercial purposes.
Mining operations are also prohibited (ss.355 and 355A of the EPBC Act) except in accordance with a management plan. Section 355(2) defines mining operations as follows:
a) operations or activities connected with, or incidental to, the mining or recovery of minerals or the production of material from minerals, including:
(i) prospecting and exploration for minerals; and
(ii) milling, refining, treatment and processing of minerals; and
(iii) storage and disposal of minerals and materials produced from minerals;
b) the construction and use of towns, camps, dams, pipelines power lines or other structures for the purposes of operations or activities described in paragraph (a); and
c) the performance of any other work for the purposes of operations or activities described in paragraph (a).
Section 358 of the EPBC Act allows the Director to grant a lease or a licence relating to land or seabed in a Commonwealth reserve in accordance with a management plan.
The EPBC Regulations control, or allow the Director to control, a range of