Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p88
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
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Character Range: 270127–273039

is carried out in accordance with a lease or licence granted by the Director (para (I)).
The Director may also grant a lease or a licence relating to land or seabed in a Commonwealth reserve in accordance with a management plan (section 358, EPBC Act).

S2.1.4 Access to biological resources
Access to biological resources in Commonwealth areas, which includes Commonwealth reserves, and the sharing of benefits that arise from their use is regulated by the Minister under Part 8A of the EPBC Regulations. To access biological resources in a Commonwealth area, approval needs to be sought from the Minister under Part 8 of the EPBC Regulations or a person the Minister has delegated his or her powers to. At the commencement of this plan, this includes the Director.
Access to biological resources in Commonwealth reserve may additionally be regulated by the Director under the provisions of the EPBC Act and Regulations related to Commonwealth reserves. This can include where the access to biological resources:

      * involves the killing, injuring, taking, trading, keeping or moving of a member of a
        native or non-native species (section 354(1)(a) and 354A of the EPBC Act,
        regulations 12.19A12.19B of EPBC Regulations)

      * involves removal of shells (regulation 12.19)

      * is for a commercial purpose (sections 354(1)(f) and 354A(5) of EPBC Act and
        regulation 12.36 of EPBC Regulations)

      * is for scientific research (regulation 12.10), or

      * involves cultivation of plants (regulation 12.21).

S2.1.5 Environmental assessment and approval
The EPBC Act also provides the legal framework to protect and manage Matters of National Environmental Significance.
Under the EPBC Act, a person must not take any action that has, or will have, a significant impact on a Matter of National Environmental Significance without environment assessment and approval under Chapter 4 of the EPBC Act. Some relevant parts under this chapter include:

      * Part 7, which deals with whether approval of an action is needed

      * Part 8, which deals with the assessment of controlled actions

      * Part 9, which deals with the approval of actions and conditions.

There are some circumstances where environment assessment and approval may not be required. These are provided in Part 4 of the EPBC Act.
S2.1.6 EPBC Act and Indigenous traditional rights and native title rights
Native title rights may exist in offshore waters within Australia's jurisdiction. Native title determinations need not have been made for native title rights to exist.
The EPBC Act (section 8) does not affect the operation of the:

       * Aboriginal Land Rights (Northern Territory) Act 1967 (Cth)

       * Native Title Act 1993 (Cth)  in particular, section 211, which in certain circumstances allows native title holders to hunt (and undertake other activities) in the exercise of native