Document ID: chunk:federal_register_of_legislation:F2016L00002:reg:2015:p12
Version: federal_register_of_legislation:F2016L00002
Segment Type: reg
Provision Reference: reg 2015 (pt 12/16)
Character Range: 520523–523440

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 approval 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 the action is a controlled action. The Director of National Parks may also refer proposed actions to the Minister.

Wildlife protection

Part 13 of the EPBC Act contains provisions that prohibit and regulate actions in relation to listed threatened species and ecological communities, listed migratory species, cetaceans (whales and dolphins) and listed marine species. Appendix J to this plan identifies species in the park that are listed as threatened under the EPBC Act at the time of preparing this plan. Appendix D identifies migratory and marine species that are listed under the EPBC Act 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 that is in operation in relation to members of species listed under Part 13 of the EPBC Act are exempt from prohibitions that would otherwise apply under Part 13.
Part 9 of the EPBC Regulations provides for the protection and conservation of biodiversity in Commonwealth areas outside the park (i.e. all land outside the park), and prohibits and/or regulates actions affecting members of native species specified in Schedule 12 to the Regulations, and their habitat.
Migratory species listed under the EPBC Act are species listed under international agreements (to which Australia is a signatory) as species whose protection requires, or would significantly benefit from, international cooperation. These international agreements are discussed in more detail in Appendix C.
In relation to threatened species and communities, the EPBC Act also provides for the identification and listing of key threatening processes and the preparation of threat abatement plans and species recovery plans.

Access to biological resources

At the time of preparing this plan, access to biological resources in Commonwealth areas is regulated under the EPBC Regulations Part 8A, and a permit from the Minister is required. Access to biological resources is defined in the EPBC Regulations; it broadly means the taking of biological resources of native species for research and development on any genetic resources, or biochemical compounds, comprising or contained in the biological resources. Biological resources are defined by the EPBC Act as genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value