Document ID: chunk:federal_register_of_legislation:F2018L00322:front:0:p48
Version: federal_register_of_legislation:F2018L00322
Segment Type: other
Provision Reference: 
Character Range: 140165–143016

the activity will be or is being conducted, and the applicable reserve management principles (Schedule 8 of the EPBC Regulations).

Decisions will take into account the impacts and risks of the activity on the values of the North-west Network and those of specific marine park/s, acceptability of those impacts and risks, and potential impacts on marine park users, stakeholders and Indigenous people.

Impacts and risks of an activity will be assessed in accordance with the processes and policies established under the assessments and authorisations program (Section 2.5).

Before authorising a proposed activity the Director must be satisfied that:
 1. the proponent suitably understands the marine park values;
 2. the impacts and risks on marine park values are understood, evaluated and able to be avoided or reduced to as low as reasonably practicable;
 3. the proponent has the capacity to comply with the conditions of the authorisation; and
 4. that relevant regulatory requirements have been or will be met.

The Director will not authorise an activity unless satisfied that:
 1. the activity is consistent with the zone objectives for the zone or zones in which the activity will be conducted (Part 3); and
 2. the potential impacts and risks of the activity on marine park values will be avoided or reduced to as low as reasonably practicable; and
 3. the potential impacts and risks of the activity on marine park values and representativeness are acceptable.
Note: The Director will issue guidance on assessment of impacts.

Assessments under other processes
Prescription

For the purposes of Section 4.3.1 (Decision-making) the Director may accept the assessment of activities made under Chapter 4 of the EPBC Act, the Environment Protection (Sea Dumping) Act 1981 or under a government or industry policy, plan or program, where the Director is satisfied:
 1. the assessment is done in a manner consistent with Section 4.3.1.3; and
 2. the assessment process provides for appropriate consultation with the Director and consideration of the Director's views in relation to activities in the Network or potential impacts on the Network or marine park values.

Review of decisions
The prescriptions in this Section outline the processes for seeking a review of a decision. A person whose interests are affected by a decision under this Part, including a decision about an authorisation, may seek review in accordance with the Administrative Decisions (Judicial Review) Act 1977. A person whose interests are affected by a decision about a permit under the EPBC Regulations may also seek review of the decision in accordance with the Regulations. This plan extends the same review rights to decisions about other authorisations made by the Director under this plan. Where the Director issues a class approval for an activity that has been