Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p26
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 68362–71277

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 commercial purposes.

Environmental impact assessment
Actions that are likely to have a significant impact on 'matters of national environmental significance' are subject to the referral, assessment and approval provisions of Chapters 2 to 4 of the EPBC Act (irrespective of where the action is taken).

At the time of preparing this plan, the matters of national environmental significance identified in the EPBC Act are:

    * World Heritage listed properties

    * National Heritage listed places

    * Ramsar wetlands of international importance

    * nationally listed threatened species and ecological communities

    * listed migratory species

    * nuclear actions (including uranium mining).

    * Commonwealth marine areas

    * Great Barrier Reef Marine Park

The referral, assessment and approval provisions also apply to actions on Commonwealth land that are likely to have a significant impact on the environment and to actions taken outside Commonwealth land that are likely to have a significant impact on the environment on Commonwealth land. The park is Commonwealth land for the purposes of the EPBC Act.

Responsibility for compliance with the assessment and approvals provisions of the EPBC Act lies with persons taking relevant 'controlled' actions. A person proposing to take an action that the person thinks may be or is a controlled action should refer the proposal to the Minister for the Minister's decision whether or not the action is a controlled action. The Director of National Parks may also refer proposed actions to the Minister.

Wildlife protection
The EPBC Act also contains provisions (Part 13) that prohibit and regulate actions in relation to listed threatened species and ecological communities, listed migratory species, cetaceans and listed marine species. Appendix E to this plan lists species of significance to the park, including species that are listed under the EPBC Act and NSW legislation and under international conventions, treaties and agreements at the time of preparing this plan.

Actions taken in a Commonwealth reserve in accordance with a management plan in relation to members of species listed under Part 13 of the Act are exempt from prohibitions that would otherwise apply under Part 13.

Heritage protection
The Jervis Bay Territory (which includes the area occupied by the park) is listed as a place in the Commonwealth Heritage List under the EPBC Act. The Booderee Botanic Gardens and Cape St George Lighthouse Ruins and