Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p38
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 112998–116479

activities and authorisations) of this plan if any activities are proposed.
The definition of mining operations in the EPBC Act does not include capture and storage of greenhouse gases, including carbon dioxide. If any of these activities were proposed they would also be considered in accordance with Section 4.2.12 (New activities and authorisations).
The Director is a relevant person for the purposes of the Environment Regulations and must be consulted by title holders in the preparation of environment plans where a proposed activity or part of the activity is within a marine park, and/or activities proposed to occur outside a marine park may impact on the marine park values.
Mining operations also include activities regulated under the Offshore Minerals Act 1994. For non-petroleum mining operations, additional assessment by the Director may not be required where mining operations are assessed under Chapter 4 of the EPBC Act.
Actions required to respond to oil pollution incidents, including environmental monitoring and remediation, in connection with mining operations authorised under the OPGGS Act may be conducted in all zones. The Director should be notified in the event of an oil pollution incident that occurs within, or may impact upon, an Australian Marine Park and, so far as reasonably practicable, prior to a response action being taken within a marine park.
Research that is a mining operation as defined in s.355 of the EPBC Act, or is incidental to such an operation is covered by prescriptions in this Section. Mining-related research activities that do not require an environment plan under the OPGGS Act are covered by prescriptions in 4.2.10 (Research and monitoring).
Transit through the Temperate East Network for the purposes of mining operations conducted elsewhere is covered by Section 4.2.2 (Commercial shipping).
Table 4.9 Summary of prescriptions for mining operations in the Temperate East Network
MINING                                   Special Purpose Zone (Trawl)  Special Purpose Zone (Norfolk)  Multiple Use Zone  Habitat          Habitat                      Recreational Use Zone  National Park Zone
Activity                                 VI                            VI                              VI                 Protection Zone  Protection Zone (Lord Howe)  IV                     II
                                                                                                                          IV               IV
Mining operations including exploration  A                             x                               A                  x                x                            x                      x
Construction and operation of pipelines  A                             A                               A                  A                A                            A                      A

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: Proposed mining operations conducted under usage rights that existed immediately before the declaration of a marine park do not require approval from the Director.
Prescriptions

Mining operations may be conducted in the Temperate East Network in accordance with and subject to:
 1. a permit issued under Section 4.4.1 (Permits); or
 2. a class approval issued under Section 4.4.2 (Class approvals); or