Document ID: chunk:federal_register_of_legislation:F2018L00324:front:0:p62
Version: federal_register_of_legislation:F2018L00324
Segment Type: other
Provision Reference: 
Character Range: 178937–181641

management plan for the reserve. The Director must give effect to a management plan in operation for a Commonwealth reserve. The Commonwealth and Commonwealth agencies must also not perform functions or exercise powers in relation to the reserve inconsistently with the plan (s.362).
Under the EPBC Act (s.367) a management plan for a Commonwealth reserve must provide for the protection and conservation of the reserve.
A management plan for a Commonwealth reserve may divide the reserve into zones and assign each zone to an IUCN category (whether or not a proclamation has assigned the reserve or each zone of the reserve to that IUCN category). The category to which a zone is assigned may differ from the category to which the reserve is assigned.
The provisions of a management plan for a Commonwealth reserve that relate to the reserve or a particular zone of the reserve must not be inconsistent with the Australian IUCN reserve management principles for the IUCN category to which the reserve or zone is assigned by the plan.
If the management plan for a Commonwealth reserve assigns the reserve to one IUCN category and assigns a zone of the reserve to a different IUCN category, disregard the IUCN category to which the reserve is assigned for the purposes of the application of subsection (3) in relation to the zone.
A single management plan may be the management plan for more than one Commonwealth reserve.
A management plan for a Commonwealth reserve may include provisions relating to an area that is proposed to be included in the reserve, but they do not have effect until 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:
(a) any report considered by the Minister under Section 351 before a proclamation declaring the reserve was made; and
(b) the regulation of the use of the reserve for the purpose for which it was declared; and
(c) 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
(d) the protection of the special features of the reserve, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; and
(e) the protection, conservation and management of biodiversity and heritage within the reserve; and
(f) the protection of the reserve