Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_359b:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 359B (pt 1/2)
Character Range: 405952–408540

359B  Director's approval of actions and mining operations when a management plan is not in operation

Approval of actions (other than mining operations)

 (1) The Director may, in writing, approve the taking of a specified action or a specified class of actions, by a specified person or a specified class of persons, in a specified area that is or is part of a Commonwealth reserve, if:
 (a) the Director is satisfied that:
 (i) no management plan has yet come into operation for the reserve; and
 (ii) immediately before the area became included in the reserve, the person, or the persons in the class of persons, held a usage right, or a right arising out of a usage right, that entitled the person or persons to take the action, or the actions in the class of actions, in the area; and
 (iii) the usage right is not a right in relation to land or seabed to which section 359 applies; or
 (b) the Director is satisfied that:
 (i) a management plan for the reserve has ceased to be in operation, and no further management plan for the reserve has yet come into operation; and
 (ii) immediately before the management plan ceased to be in operation, the person, or the persons in the class of persons, were taking the action, or the actions in the class of actions, in the area without contravening section 354 or 354A; and
 (iii) the action or class of actions is not mining operations.

Note 1: In exercising the power to give approvals, the Director must comply with section 357.

Note 2: If an action taken without approval would not contravene section 354 or 354A, the action does not need approval under this subsection.

Approval of mining operations

 (2) The Director may, in writing, approve the carrying on of specified mining operations, or a specified class of mining operations, by a specified person or a specified class of persons, in a specified area that is or is part of a Commonwealth reserve, if:
 (a) the Director is satisfied that no management plan has yet come into operation for the reserve; or
 (b) the Director is satisfied that a management plan for the reserve has ceased to be in operation, and no further management plan for the reserve has yet come into operation.

Note 1: In exercising the power to give approvals, the Director must comply with section 357.

Note 2: If an action taken without approval would not contravene section 355 or 355A, the action does not need approval under this subsection.

Limits on approvals in relation to the Kakadu National Park and the Antarctic

 (3) The Director must not approve:
 (a) an action in the Antarctic