Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p62
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 197183–200047

or no longer exists).

       It would more efficiently or effectively manage the activities to which the approval relates, provided the impacts of the activities to which the approval relates will remain acceptable (Section 4.4.1 Decision-making),

       4.5.3.4               A class approval or conditions may be varied or revoked to remove a person from the class of approved persons:

         a)      at the request of that person, or

         b)      if the Director is satisfied that the person has breached a condition of the approval or has in the previous 10 years been convicted of, or is subject to proceedings for, an offence under the EPBC Act, EPBC Regulations or any other law of Commonwealth about the protection, conservation or management of native species or ecological communities.
Note: Where a person has been removed from a class approval, they may apply for a permit under Section 4.5.2 (Permits) or an activity licence under Section 4.5.4 (Activity licences and leases).
Note: Part VIIC of the Crimes Act 1914 (Cth) includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

4.5.4     Activity licences and leases
Under section 358(2) of the EPBC Act, the Director may grant a lease or licence relating to
the land or seabed of a marine park only in accordance with a management plan in operation
for the park. Further, activities that are otherwise prohibited under Division 12 of the EPBC Regulations may be carried out in accordance with a lease or licence granted by the Director (regulation 12.06(1)(l)(i), EPBC Regulations).
An activity licence or lease may be issued to authorise an activity where it is more appropriate than the use of a permit or class approval, such as for tourism activities or activities that involve the installation of infrastructure (such as moorings or marker buoys). For most of these types of activities a licence will be the most suitable form of authorisation; however, this plan also provides for the Director to grant leases over the seabed. Licences and leases are transferable and generally granted for a longer term than permits. They may include agreed fees reflecting the commercial value of the authorisation and, in the case of leases, provide security of tenure over seabed to support investment in infrastructure.
An activity licence authorises the holder to conduct their activities in the area to which the licence relates. A lease provides exclusive possession of the area in which an activity is to be carried out. Licences and leases enable continued growth of marine park services and allow for the growth of appropriate commercial business opportunities and partnerships with the Director that will maintain and promote marine park values.

Prescriptions