Document ID: chunk:federal_register_of_legislation:F2016L00002:front:0:p130
Version: federal_register_of_legislation:F2016L00002
Segment Type: other
Provision Reference: 
Character Range: 377062–379925

activities are conducted in a safe manner, and that other users of the park are not disturbed through the actions of others.

The EPBC Act (ss.354/354A and 355/355A) prohibits certain actions being taken in Commonwealth reserves except in accordance with a management plan (Appendix G). These actions include killing, injuring, taking, trading, keeping or moving members of native species, actions for commercial purposes and mining operations. The Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) control, or allow the Director of National Parks to control, a range of activities in Commonwealth reserves such as access, use of vessels, waste disposal, commercial fishing, recreational activities and research.

In accordance with s.359A of the EPBC Act, this plan does not prevent Bininj/Mungguy and traditional owners from continuing, in accordance with the law, the traditional use of an area for non-commercial hunting or food-gathering, and for ceremonial and religious purposes. Section 8 of the EPBC Act also provides that the Act does not affect the operation of the Native Title Act 1993, which also includes provisions that preserve customary rights to use of land and waters.

This section of the plan sets out how activities in the park that are covered by provisions of the EPBC Act and Regulations relating to Commonwealth reserves will be managed in Kakadu. While the actions and policies in Sections 4 to 9 of this plan set out how the Director will work to deliver the objectives of the plan, the prescriptions in this section set out how activities of users of the park will be managed.

Section 10.1 provides general power for the Director to issue authorisations (permits, licences etc.) for activities where this is provided for by Sections 10.3 to 10.13.

Section 10.2 provides for the Director to make and change prohibitions, restrictions, and determinations under a number of provisions of the EPBC Regulations to regulate activities where it is necessary for the protection of park values, cultural reasons, or public safety.

Sections 10.3 to 10.13 set out the rules that will apply to the operation of the EPBC Act and Regulations on activities in the park. Where these sections allow an activity that is otherwise prohibited by the Act or Regulations to be authorised, the relevant authorisation will be issued in accordance with Section 10.1, will be subject to necessary conditions, and may be varied, suspended or cancelled where such conditions have not been fulfilled or considered necessary to protect the values of the park.

     10.1            Authorisation of allowable activities

Background

As noted in the background of Section 10 this plan provides for certain activities that are otherwise prohibited in the park by the EPBC Act or Regulations to be carried out in accordance