Document ID: chunk:federal_register_of_legislation:F2016L00002:front:0:p143
Version: federal_register_of_legislation:F2016L00002
Segment Type: other
Provision Reference: 
Character Range: 411798–415003

context.

Under ss.354 and 354A of the EPBC Act, commercial taking or harvesting of wildlife may only be carried on in accordance with this plan. The taking of animals and plants protected by Part 13 of the Act must also be in accordance with applicable provisions of Part 13. Activities that involve 'access to biological resources' are subject to provisions of the EPBC Act and Regulations dealing with that activity.

Policies

     10.5.1          Proposals for commercial take or harvest of native plants and animals will only be considered if they satisfy the following criteria:

        (a)      The proposal will not adversely affect the conservation status of the species or native plants and animals or an ecological community.

        (b)      The proposal must be consistent with Bininj/Mungguy cultural practices, including:

           (i)        rules for looking after country properly, making sure the harvest is sustainable, and making sure that people are safe

           (ii)       avoiding adverse impacts on use of wildlife by Bininj/Mungguy for food, ceremonial and religious purposes.

        (c)       The proposal must be consulted on and agreed with the relevant Bininj/Mungguy.

        (d)      The proposed activities must be carried out by Bininj/Mungguy or Bininj/Mungguy organisations:
           (i)        acting alone, or
           (ii)       in partnership with other people under a contract that includes provisions setting the respective roles and responsibilities of the partners and provides for reasonable benefit sharing.
        (e)      The proposed activities must be approved by the Board, or be in a class of activities approved by the Board (see Section 10.5.2).

     10.5.2          Proposals for commercial use of native plants and animals will be considered under one of two categories.
              Category A: Small-scale activities or classes of activities. At the commencement of this plan, these activities are:
                 (i)        small amounts of pandanus for activities such as basket making
                 (ii)       small amounts of wood and plant materials for artefacts
                 (iii)     bush tucker collection for interpretation activities
                 (iv)     other similar activities or classes of similar activities determined by the Board and permitted by the Director.
              Category B:  Any other activities or classes of activities that may only be carried on in accordance with a permit issued by the Director, subject to Board approval.
     The Board may amend the list of Category A activities from time to time by amending or deleting activities or classes of activities. Category A activities may be carried on in accordance with harvest levels and conditions determined by the Board and will not require a permit from the Director.

     10.5.3          In addition to the requirements set out in Policies 10.5.1 and 10.5.2 in considering harvest levels and conditions for Category A activities, and proposals for Category B activities, the Board will consider:
        (a)      consistency of the activity with the conservation of park values (Section 1.4)
        (b)      consistency