Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p123
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 351337–354262

subleases and licences will take into account the impact assessment of the proposal under Section 9.8, How proposals will be evaluated.

    9.10.3    The Director, in consultation with the Board, may determine the rent/occupation fee for each sublessee or licensee and the length of any sublease or licence.

    9.10.4    Subleases and licences will:

       (a)     be consistent with the conditions of the Lease between the Council and the Director

       (b)     clearly define the area covered by the sublease or licence

       (c)      include provisions for minimising impacts on park values

       (d)     include environmental protection measures including, where necessary, waste management.

Action

    9.10.5    Monitor and take appropriate action to ensure that occupation and use of land in the park have minimal impact on park values.

    9.11      New activities not otherwise provided for in this plan

Aim
    * The Director and the Board are able to respond to new issues and proposals consistent with this plan, the EPBC Act and EPBC Regulations.

Background
This plan sets out how the park will be managed for a period of ten years. During that time, circumstances may arise or proposals be brought forward for actions which were not foreseen at the time the plan was prepared and which require the Director to take actions that are not covered by specific prescriptions in this plan.

As noted in Section 2.4, Legislative Context, under ss.354 and 354A of the EPBC Act certain types of actions can only be taken if they are authorised by this plan (including acts in relation to native species, works, and actions for commercial purposes). The Director is required by the EPBC Act (s.362) to exercise the Director's powers (for example, to issue permits and to perform the Director's functions) so as to give effect to the plan.

Issue
    * This management plan needs to enable appropriate actions to be taken and authorised that are not otherwise specified because they were not foreseen at the time of the plan's preparation.

Prescriptions

      Policies

    9.11.1    The Director may take actions that are not covered by specific prescriptions in this plan, including actions covered by ss.354 and 354A of the EPBC Act.

    9.11.2    The Director may authorise (whether by permit, contract, lease or licence) actions by other persons that are not covered by specific prescriptions in this plan, including actions covered by ss.354 and 354A of the EPBC Act.

    9.11.3    Except in cases of emergency, the decision-making and evaluation of proposals processes prescribed in Sections 4.1 and 9.8 of this plan apply to actions under this Section.

    9.12      Implementation and evaluation

Aim
    * Progress in implementing the plan is evaluated and a final technical audit is conducted.

Background

Plan implementation
It is the Director's responsibility under s.514B of the