Document ID: chunk:federal_register_of_legislation:F2018L00322:front:0:p25
Version: federal_register_of_legislation:F2018L00322
Segment Type: other
Provision Reference: 
Character Range: 69821–73082

marine parks of the North-west Network, which activities are:
 1. allowed, without the need for authorisation, where consistent with zone objectives (Part 3) and conducted in accordance with this Part;
 2. allowable, and able to be conducted if an authorisation is issued (Section 4.4 Authorisation of allowable activities); or
 3. not allowed, because they are not consistent with zone objectives (Part 3).
For those activities that are allowed or allowable, this Part also sets out:
 1. the assessment and decision-making process for authorising an activity (Section 4.3 Making decisions about activities);
 2. the types of authorisations that may be issued (permits, class approvals, activity licences and leases) (Section 4.4 Authorisation of allowable activities); and
 3. how activities must be undertaken in marine parks of the North-west Network (Section 4.2 Rules for activities).
The rules support an adaptive management approach to respond to new information. Any changes to the management of activities would be made in accordance with Section 4.3.1 (Decision-making).
Depending on the type of activity, other provisions of the EPBC Act or other legislation (e.g. fisheries and mining laws) may also apply to an allowed or allowable activity (Schedule 1).
In accordance with s.359A of the EPBC Act, this plan does not prevent Indigenous people from continuing, in accordance with law, the traditional use of an area in a marine park for non-commercial hunting or food gathering, and for ceremonial and religious purposes. Section 8 of the EPBC Act provides that this plan does not affect the operation of the Native Title Act 1993, which also includes provisions that preserve customary rights to use land and waters (Schedule 1).
Rules for activities
This plan enables activities to be conducted in zones consistent with the zone objectives (Part 3) while enabling the impacts to be effectively managed. The prescriptions in Section 4.2.1 (General use, access, and waste management) apply to all marine park users of the North-west Network. Sections 4.2.2 to 4.2.12 prescribe the rules applying to particular uses. Section 4.2.13 (New activities and authorisations) enables new activities to be considered and new forms of authorisation to be used. Table 4.1 provides a summary of the rules for activities in zones assigned to marine parks of the North-west Network. The zones are shown in Figure 3.1 and more specifically shown in marine park maps in Schedule 2, and described in Schedule 4.
Table 4.1 Summary of rules for activities in the North-west Network (provided in Part 4)
                                           Special Purpose Zone (Trawl)  Multiple Use Zone  Habitat          Recreational Use Zone  National Park Zone  Sanctuary Zone
Activity                                   (VI)                          (VI)               Protection Zone  (IV)                   (II)                (Ia)
                                                                                            (IV)
GENERAL USE, ACCESS, AND WASTE MANAGEMENT  ✓                             ✓                  ✓                ✓                      ✓                   xB
(Section 4.2.1)
COMMERCIAL SHIPPING                        ✓                             ✓