Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p87
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 267550–270349

section 366 of the EPBC Act, the Director must prepare a management plan for each Commonwealth reserve in accordance with EPBC Act, which must be approved by the Minister under section 370 of the EPBC Act.
Under section 362 of the EPBC Act:

      * the Director must manage a Commonwealth reserve to give effect to a management plan for the reserve, and

      * Commonwealth agencies must act so as not to contravene a management plan.

Additionally, a management plan may limit or prohibit the exercise of a power of function under the EPBC Act or Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) (section 362(3), EPBC Act).
A management plan is a 'legislative instrument' for the purposes of the Legislation Act 2003 (Cth) (formerly the Legislative Instruments Act 2003).
S2.1.3 Control of actions in Commonwealth reserves
The EPBC Act and EPBC Regulations prohibit a range of actions being taken in Commonwealth reserves except where the actions are taken in accordance with a management plan in operation for the Commonwealth reserve.
These prohibited actions include those actions in:

      * sections 354355A of the EPBC Act

      * Division 12 of the EPBC Regulations.

The prohibited activities in Division 12 of the EPBC Regulations also do not apply if carried out in accordance with the exceptions provided in regulation 12.06(1), including where the activity:
      * is carried out by:
               + the Director, and wardens or rangers appointed under the EPBC Act (para (b)),
               + a Commonwealth agency, or
               + an agency of a state or self-governing territory and is reasonably necessary for law enforcement (para (j))
      * is authorised by a permit issued by the Director under Part 17 of the EPBC Regulations (para (c))
      * is carried out by an Indigenous person under paragraphs (d) or (e)
      * is approved under Part 9 for certain actions in Commonwealth marine areas and Commonwealth land (para (f))
      * is in a class of actions declared by the Minister not to require approval in Commonwealth marine areas and Commonwealth land and is taken in accordance with an accredited management plan for the purposes of that declaration (para (g))
      * is carried out in accordance with a wildlife conservation plan, a recovery plan or a threat abatement plan in force under Division 5 of Part 13 of the EPBC Act (para (h))
      * is reasonably necessary to deal with an emergency under paragraph (j) or occurs because of unavoidable accident under paragraph (k), or
      * is carried out in accordance with a lease or licence granted by the Director (para (I)).
The Director may also grant a lease or a licence relating to land or seabed in a Commonwealth reserve in accordance with a management