Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p64
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 188825–191663

immediately before the reserve was declared; and
(d) the protection of the special features of the reserve, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; and
(e) the protection, conservation and management of biodiversity and heritage within the reserve; and
(f) the protection of the reserve against damage; and
(g) Australia's obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.
Control of actions in Commonwealth reserves
The EPBC Act (ss.354 and 354A) prohibits certain actions being taken in Commonwealth reserves except in accordance with a management plan in operation for the reserve:
 1. kill, injure, take trade, keep or move a member of a native species; or
 2. damage heritage; or
 3. carry out an excavation; or
 4. erect a building or other structure; or
 5. carry out works; or
 6. take an action for commercial purposes.
Mining operations are also prohibited (ss.355 and 355A of the EPBC Act) except in accordance with a management plan. Section 355(2) defines mining operations as follows:
a) operations or activities connected with, or incidental to, the mining or recovery of minerals or the production of material from minerals, including:
(i) prospecting and exploration for minerals; and
(ii) milling, refining, treatment and processing of minerals; and
(iii) storage and disposal of minerals and materials produced from minerals;
b) the construction and use of towns, camps, dams, pipelines power lines or other structures for the purposes of operations or activities described in paragraph (a); and
c) the performance of any other work for the purposes of operations or activities described in paragraph (a).
Section 358 of the EPBC Act allows the Director to grant a lease or a licence relating to land or seabed in a Commonwealth reserve in accordance with a management plan.
The EPBC Regulations control, or allow the Director to control, a range of activities in Commonwealth reserves. The Director applies the Regulations subject to and in accordance with the EPBC Act and management plan. The Regulations do not apply to the Director or to wardens or rangers appointed under the EPBC Act. Activities that are prohibited or restricted by the EPBC Act may be carried on if they are authorised by a permit issued by the Director and/or they are carried on in accordance with a management plan or if another exception prescribed by r.12.06(1) of the Regulations applies.
Access to biological resources in Commonwealth areas is regulated under Part 8A of the EPBC Regulations. Access to biological resources is also covered by ss.354 and 354A of the EPBC Act if the resources are members of a native species and/or if access is for