Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p34
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 103275–106179

that preserve customary rights to use land and waters (Schedule 2).

    4.2.1     Environmental approvals and other applicable laws
Depending on the type of activity, other provisions of the EPBC Act, EPBC Regulations or other legislation (for example, fisheries laws) may also apply to an allowed or allowable activity (Schedule 2).
It is the responsibility of the person proposing to take the action to obtain any required approvals under the EPBC Act, EPBC Regulations or other legislation. This includes:

      * determining whether the proposed action should be referred to the Minister in accordance with Parts 7 and 8 of the EPBC Act to determine whether it is a controlled action

      * if it is a controlled action, obtaining the required approvals for the action under Part 9 of the EPBC Act.

The Director may also refer a proposed action to the Minister to determine whether it is a controlled action under Parts 7 and 8 of the EPBC Act.
Interactions with cetaceans such as whales, dolphins and porpoises in the Australian Whale Sanctuary (which the South-east Network is a part of) are additionally, and separately, regulated under Part 8 of the EPBC Regulations. This plan does not purport to provide authorisation or exemption for any offences under Part 8 of the EPBC Regulations for commercial tourism activity taking place in any section of the South-east Network that overlaps with the Australian Whale Sanctuary.

4.3           Prescriptions for activities
This plan enables activities to be carried out in zones consistent with the zone objectives (Section 4.1) while enabling the impacts to be effectively managed. Prescriptions for these activities are summarised in Table 4.2.
The prescriptions in this plan relate to activities that are either:

     1.       not regulated by the EPBC Act or Regulations and need to be regulated to meet the objectives of this plan, or

     2.       prohibited by the EPBC Act or Regulations but enabled by this plan, which overrides the offence provisions in relation to those activities set out in the EPBC Act and Regulations (section 362(3) of the EPBC Act).

For activities not regulated under this plan, the EPBC Act and Regulations continue to set out the rules in the South-east Network (Section 2.1.3 in Schedule 2 provides an overview of activities regulated in Commonwealth reserves). In broad terms, these activities are prohibited by the EPBC Act and Regulations, unless an exemption applies.
All activity tables in this chapter should be read in conjunction with the relevant prescriptions.
Table 4.2 Summary of prescriptions for activities in the South-east Network (Note: this is a high-level summary table. For detailed prescriptions, refer to Sections 4.3.1–4.3.14).

Activity                    Multiple Use Zone  Special Purpose Zone (VI)  Habitat Protection Zone  Habitat Protection Zone (Macquarie) (IV)  Recreational