Document ID: chunk:federal_register_of_legislation:F2018L00324:front:0:p31
Version: federal_register_of_legislation:F2018L00324
Segment Type: other
Provision Reference: 
Character Range: 89126–92319

The prescriptions in this Section set out the rules for commercial pearling in the North Network. These are summarised in Table 4.5.
Commercial pearling is managed under Queensland, Northern Territory and Western Australian laws relating to those activities. These laws apply to the extent that they can operate consistently with the EPBC Act and EPBC Regulations and this plan.
Research in connection with commercial pearling will be managed in accordance with Section 4.2.11 (Research and monitoring).
Table 4.5 Summary of prescriptions for commercial pearling activities in the North Network
COMMERCIAL PEARLING  Special Purpose Zone (Trawl)  Special Purpose Zone  Multiple Use Zone  Habitat          National Park Zone
Activity             VI                            VI                    VI                 Protection Zone  II
                                                                                            IV
Pearling             A                             A                     A                  A                x

x Activity is not allowed.
A Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
Note: Transit and anchoring is allowed as part of activities authorised under this Section.
Note: Anchoring by commercial pearling vessels is allowed except in the National Park Zone (II). Anchoring in the National Park Zone (II) is prohibited except in anchoring areas determined under r.12.56 of the EPBC Regulations. These requirements do not prevent stopping and anchoring due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Prescriptions

Commercial pearling may be conducted in the North Network in accordance with and subject to:
 1. a class approval issued under Section 4.4.2 (Class approvals); or
 2. an activity licence issued under Section 4.4.3 (Activity licences and leases) to a person who is not covered by a class approval; and
 3. the following prescriptions in this Section;
 4. the prescriptions in Section 4.2.1 (General use, access, and waste management); and
 5. any determinations made under r.12.34 of the EPBC Regulations.

Commercial pearling may be conducted in a:
 1. Special Purpose Zone (Trawl) (VI);
 2. Special Purpose Zone (VI);
 3. Multiple Use Zone (VI); or
 4. Habitat Protection Zone.

Commercial pearling must be conducted in accordance with applicable Commonwealth, state or territory laws to the extent those laws are capable of operating concurrently with this plan.

Commercial pearling vessels may transit through the North Network, subject to compliance with the prescriptions in Section 4.2.1 (General use, access, and waste management) and Section 4.2.4.5.

Commercial pearling vessels may stop and anchor in a:
 1. Special Purpose Zone (Trawl) (VI);
 2. Special Purpose Zone (VI);
 3. Multiple Use Zone (VI);
 4. Habitat Protection Zone (IV); or
 5. National Park Zone (II) in anchoring areas determined under r.12.56 of the EPBC Regulations in accordance with Section 4.2.1.1.
Note: This Section does not prevent