Document ID: chunk:federal_register_of_legislation:F2018L00324:front:0:p47
Version: federal_register_of_legislation:F2018L00324
Segment Type: other
Provision Reference: 
Character Range: 135581–138481

request for reconsideration must be made and considered in the same manner as provided by Division 14.3 of the EPBC Regulations. Subject to the Administrative Appeals Tribunal Act 1975, a person who has requested a reconsideration of a decision may apply to the Administrative Appeals Tribunal for review of the reconsidered decision.

Authorisation of allowable activities
The Director may authorise allowable activities through a permit, class approval, activity licence or lease in accordance with this Part. The prescriptions in this Section describe those types of authorisations, the processes and consideration for issuing them, and the conditions that may be imposed by the Director.

Permits
A permit can be issued to authorise an activity by a person or persons to conduct an allowable activity, for example for an activity that is either one-off, time bound, or not conducted in the same way by all operators.
Prescriptions

A permit may be issued for an allowable activity where prescribed by Section 4.2 (Rules for activities) of this plan, in accordance with Part 17 of the EPBC Regulations, subject to the prescriptions (if any) relating to the particular activity.

In assessing a permit application, the Director may ask the applicant for more information if the Director considers there is insufficient information to decide whether to issue the permit.

In assessing a permit application for an activity that has been subject to a referral under Part 7 of the EPBC Act, or an assessment under the Environment Protection (Sea Dumping) Act 1981, the Director will consider any referral or assessment documents and related information.

A permit may be subject to conditions including but not limited to (and depending on the type of activity):
 1. specifying the area in which, and the periods during which, the approved activity may be conducted;
 2. requiring the impacts of the permitted activity to be mitigated by specified actions developed in consultation with the Director;
Note: The Director will issue guidance specific to activity types on requirements for mitigation.
 1. regulating the use of, or requiring the use of, vessel identification and monitoring systems;
 2. the provision of, or consent for access to, data for compliance and monitoring purposes;
 3. making results of data collection, research and monitoring available to the Director (and in a specific format where relevant);
 4. requiring reporting or auditing;
 5. complying with other Commonwealth, state or territory laws and authorisations issued under such laws;
 6. allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with permit conditions; and
 7. requiring, restricting or prohibiting the use of specified gear, equipment or practices.

A permit may be suspended or cancelled and permit conditions may be varied