Document ID: chunk:federal_register_of_legislation:F2018L00322:front:0:p28
Version: federal_register_of_legislation:F2018L00322
Segment Type: other
Provision Reference: 
Character Range: 80234–83222

make, amend and revoke prohibitions, restrictions and determinations under rr.12.23, 12.23A, 12.26, 12.56 and 12.58 of the EPBC Regulations where it is considered necessary:
 1. to protect and conserve biodiversity and other natural, cultural and heritage values; or
 2. to ensure human safety or visitor amenity; or
 3. where it is otherwise necessary to give effect to this plan;
and the Director may issue an authorisation for an activity that would otherwise be prohibited by such an instrument. This Section applies despite the prescriptions in Sections 4.2.3 to 4.2.13.

Waste from normal operations may be disposed of, except in a Sanctuary Zone (Ia), from vessels to which the International Convention for the Prevention of Pollution from Ships (MARPOL) (Schedule 1) applies, in accordance with the requirements of MARPOL.

Disposal of waste in connection with activities authorised under Section 4.2.10 (Structures and works) will be managed in accordance with that Section.

Ballast water may be discharged or exchanged, except in the Sanctuary Zone (Ia), subject to compliance with:
 1. the Australian ballast water management requirements and relevant state ballast water management arrangements; and
 2. relevant Commonwealth and state legislation or international agreements (if any) relating to ballast water management.

A person may camp in areas above the high water mark, except in a Sanctuary Zone (Ia), in accordance with a permit. A person may only camp in a Sanctuary Zone (Ia) in connection with authorised research and monitoring.
Note: Camping in connection with commercial tourism activities must be authorised under Section 4.2.7 (Commercial Tourism)

Overnight stays on vessels do not require a permit to camp.

Remote piloted aircraft may be operated for non-commercial purposes, except in a Sanctuary Zone (Ia), in accordance with a permit, relevant provisions of Part 8 of the EPBC Regulations, and applicable aviation safety laws.
Note: Operation of remote piloted aircraft in connection with commercial media activities, commercial tourism activities, or research and monitoring must be authorised under Section 4.2.6, Section 4.2.7 or Section 4.2.11 respectively.

Commercial shipping (other than commercial fishing, pearling and aquaculture vessels)
The prescriptions in this Section set out the rules for anchoring and transit of commercial ships in the North-west Network. These are summarised in Table 4.3.
Australia is a party to a number of international agreements relevant to commercial shipping, in particular the United Nations Convention on the Law of the Sea (UNCLOS) and MARPOL (Schedule 1). UNCLOS provides a right of innocent passage through the territorial sea for foreign vessels, and a right of freedom of navigation through Australia's exclusive economic zone. This Section places some limits on the exercise of these rights in some zones. The limitations are necessary to protect marine park values, apply to all commercial shipping,