Document ID: chunk:federal_register_of_legislation:F2018L00322:front:0:p33
Version: federal_register_of_legislation:F2018L00322
Segment Type: other
Provision Reference: 
Character Range: 95971–99119

Zone (Trawl)  Multiple Use Zone  Habitat          Recreational Use Zone  National Park Zone  Sanctuary Zone
Activity             VI                            VI                 Protection Zone  IV                     II                  Ia
                                                                      IV
Pearling             A                             A                  A                x                      x                   x

x Activity is not allowed.
A Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
Note: Transit is allowed as part of activities authorised under this Section, except in the Sanctuary Zone (Ia).
Note: Anchoring by commercial pearling vessels is allowed except in the National Park Zone (II) or the Sanctuary Zone (Ia). Anchoring in the National Park Zone (II) is prohibited except in anchoring areas determined under r.12.56 of the EPBC Regulations. These requirements do not prevent stopping and anchoring due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Prescriptions

Commercial pearling may be conducted in the North-west Network in accordance with and subject to:
 1. a class approval issued under Section 4.4.2 (Class approvals); or
 2. an activity licence issued under Section 4.4.3 (Activity licences and leases) to a person who is not covered by a class approval; and the following prescriptions in this Section;
 3. the prescriptions in Section 4.2.1 (General use, access, and waste management); and
 4. any determinations made under r.12.34 of the EPBC Regulations.

Commercial pearling may be conducted in a:
 1. Special Purpose Zone (Trawl) (VI);
 2. Multiple Use Zone (VI); or
 3. Habitat Protection Zone (IV).

Commercial pearling must be conducted in accordance with applicable Commonwealth, state or territory laws to the extent those laws are capable of operating concurrently with this plan.

Commercial pearling vessels may transit through the North-west Network, except through a Sanctuary Zone (Ia), subject to compliance with the prescriptions in Section 4.2.1 (General use, access, and waste management) and Section 4.2.4.5.

Commercial pearling vessels may stop and anchor in a:
 1. Special Purpose Zone (Trawl) (VI);
 2. Multiple Use Zone (VI);
 3. Habitat Protection Zone (IV);
 4. Recreational Use Zone (IV); or
 5. National Park Zone (II) in anchoring areas determined under r.12.56 of the EPBC Regulations in accordance with Section 4.2.1.1.
Note: This Section does not prevent stopping and anchoring in an IUCN category (Ia) zone or a determined anchoring area in circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Commercial pearling equipment not authorised for use by a class approval or activity licence as gear that may be used, and pearling equipment prohibited by a determination under r.12.34 of the EPBC Regulations, must be kept stowed and secured at all times