Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p25
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 65829–68621

is tabled in each House of the Commonwealth Parliament and may be disallowed by either House on a motion moved within 15 sitting days of the House after tabling.

A management plan for a Commonwealth reserve has effect for ten years, subject to being revoked or amended earlier by another management plan for the reserve.

See Section 2.5 in relation to EPBC Act requirements for a management plan.

A management plan does not go into detail to describe each activity undertaken in the park. A range of strategies, plans and policies are developed from time to time to articulate management programs and responses. A list of the majority of such documents being used and/or developed at the time of preparing this plan appears as Appendix D to this plan.

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. These actions are:

    * kill, injure, take, trade, keep or move a member of a native species; or

    * damage heritage; or

    * carry on an excavation; or

    * erect a building or other structure; or

    * carry out works; or

    * take an action for commercial purposes.

These prohibitions, and other provisions of the EPBC Act and Regulations dealing with activities in Commonwealth reserves, do not prevent Aboriginal people from continuing their traditional use of Booderee National Park for hunting or gathering (except for the purposes of sale) or for ceremonial and religious purposes (s.359A).

The EPBC Act also does not affect the operation of s.211 of the Native Title Act 1993 which provides that holders of native title rights covering certain activities do not need authorisation required by other laws to engage in those activities (s.8 EPBC Act).

Mining operations are prohibited in Booderee National Park by the EPBC Act (ss.355 and 355A) except where authorised under a management plan.

The EPBC Regulations control, or allow the Director to control, a range of activities in Commonwealth reserves such as camping, use of vehicles and vessels, littering, commercial activities, commercial fishing, recreational fishing and research. The Director applies the Regulations subject to and in accordance with the EPBC Act and management plans. 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.