Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p47
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 139795–142644

that relevant regulatory requirements have been or will be met.

The Director will not authorise an activity unless satisfied that:
 1. the activity is consistent with the zone objectives for the zone or zones in which the activity will be conducted (Part 3); and
 2. the potential impacts and risks of the activity on marine park values will be avoided or reduced to as low as reasonably practicable; and
 3. the potential impacts and risks of the activity on marine park values and representativeness are acceptable.
Note: The Director will issue guidance on assessment of impacts.

Assessments under other processes
Prescription

For the purposes of Section 4.3.1 (Decision-making) the Director may accept the assessment of activities made under Chapter 4 of the EPBC Act, the Environment Protection (Sea Dumping) Act 1981 or under a government or industry policy, plan or program, where the Director is satisfied that:
 1. the assessment is done in a manner consistent with Section 4.3.1.3; and
 2. the assessment process provides for appropriate consultation with the Director and consideration of the Director's views in relation to activities in the Temperate East Network or potential impacts on the Network or marine park values.

Review of decisions
The prescriptions in this Section outline the processes for seeking a review of a decision. A person whose interests are affected by a decision under this Part, including a decision about an authorisation, may seek review in accordance with the Administrative Decisions (Judicial Review) Act 1977. A person whose interests are affected by a decision about a permit under the EPBC Regulations may also seek review of the decision in accordance with the Regulations. This plan extends the same review rights to decisions about other authorisations made by the Director under this plan. Where the Director issues a class approval for an activity that has been assessed in accordance with Chapter 4 of the EPBC Act or other government or industry policy, plan or program, review is limited to the making of the class approval.
Prescriptions

The Director will comply with Division 14.3 of the EPBC Regulations in relation to the reconsideration of decisions about permits.

The Director will reconsider a decision about other types of authorisations made by the Director under this Part when requested by a person whose interests are affected by the decision. A request for reconsideration must be made and considered in the same manner as provided by Division 14.3 of the EPBC Regulations. Subject to the Administrative Appeals Tribunal Act 1975, a person who has requested a reconsideration of a decision may apply to the Administrative Appeals Tribunal for review of the reconsidered decision.

Authorisation of allowable activities
The Director may authorise allowable activities through a