Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_354
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 354
Character Range: 1052933–1055562

354  Activities that may be carried on only under management plan
 (1) A person must not do one of the following acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve:
 (a) kill, injure, take, trade, keep or move a member of a native species; or
 (b) damage heritage; or
 (c) carry on an excavation; or
 (d) erect a building or other structure; or
 (e) carry out works; or
 (f) take an action for commercial purposes.
Civil penalty:
 (a) for an individual—500 penalty units;
 (b) for a body corporate—5,000 penalty units.
 (1A) Subsection (1) does not apply to an action taken in the course of carrying on mining operations.
Note: Mining operations are covered by sections 355, 355A and 387.
 (2) However, if a management plan is not in operation for a Commonwealth reserve, the Director may do an act described in subsection (1) for:
 (a) preserving or protecting the reserve; or
 (b) protecting or conserving biodiversity or heritage in the reserve; or
 (c) controlling authorised scientific research; or
 (d) protecting persons or property in the reserve; or
 (e) managing the effects of actions taken under a usage right described in section 359.
 (3) Subsection (2) does not apply in relation to so much of a Commonwealth reserve as is in the Kakadu region, the Uluru region or the Jervis Bay Territory.
Note: Section 385 sets out what the Director may do in a Commonwealth reserve in the Kakadu region, Uluru region or Jervis Bay Territory when there is not a management plan in operation for the reserve.
 (3A) Subsection (1) does not apply to an action that is covered by an approval in force under subsection 359B(1). For this purpose, an action is covered by such an approval if:
 (a) a management plan is not in operation for the Commonwealth reserve; and
 (b) the action is, or is in the class of actions, specified in the approval; and
 (c) the action is taken in accordance with the approval by the person, or a person in the class of persons, specified in the approval in the area specified in the approval.
 (4) This section has effect despite any other law of the Commonwealth, a State or a Territory, but:
 (a) subsections (1) and (2) are subject to:
 (i) section 359 (about interests and rights existing before a Commonwealth reserve); and
 (ii) section 359A (about traditional use of an area in a reserve); and
 (iii) the Antarctic Treaty (Environment Protection) Act 1980; and
 (b) subsection (1) is also subject to section 385 (about activities in Commonwealth reserves in the Kakadu region, Uluru region or Jervis Bay Territory without management plans).