Document ID: chunk:federal_register_of_legislation:F2025L00070:body:0:p26
Version: federal_register_of_legislation:F2025L00070
Segment Type: other
Provision Reference: 
Character Range: 88106–91379

a structure, or other works including maintenance of structures, and associated activities may only occur in Christmas Island Marine Park in accordance with and subject to:

          1.       a permit issued under Section 4.5.1 (Permits); or

          2.       a class approval issued under Section 4.5.2 (Class approvals); or

          3.       an activity licence or lease issued under Section 4.5.3 (Activity licences and leases).

        2.                Works activities may be carried out in Christmas Island Marine Park where it is not practicable for the action to be taken outside the marine park, and the action has been assessed as necessary for:

          1.       maritime or visitor safety, including aiding navigation; or

          2.       maintaining the values of the Christmas Island Marine Park; or

          3.       critical infrastructure; or

          4.       research, monitoring and restoration; or

          5.       commercial tourism.

        3.                Artificial reefs may only be authorised in Christmas Island Marine Park to assist the protection, conservation or restoration of habitats and in accordance with and subject to a permit under the Environment Protection (Sea Dumping) Act 1981 (Cth).

        4.                Fish aggregating devices (FADs) may be installed in the Habitat Protection Zone in accordance with and subject to a permit or licence issued under Section 4.5 (Authorisation of allowable activities).

        5.                The Director will consult with the community advisory committee as part of their assessment of any application for a permit or licence to install a FAD.

     1.                          Research, monitoring and restoration

The prescriptions in this section set out the requirements for research, monitoring and restoration activities in the Christmas Island Marine Park.

Research, monitoring and restoration activities may also be subject to the provisions of Part 13 of the EPBC Act (research involving listed species) and Part 8A of the EPBC Regulations (research relating to biological resources).

Prescriptions

        1.            The Director may conduct research, monitoring and restoration activities in Christmas Island Marine Park that involve actions that are otherwise prohibited under sections 354 and 354A and Part 13 of the EPBC Act.

        2.            A person other than the Director may conduct research, monitoring and restoration activities in Christmas Island Marine Park, including taking actions that would otherwise be prohibited under sections 354 and 354A and Part 13 of the EPBC Act, only in accordance with and subject to:

          1.       a permit issued under Section 4.5.1 (Permits); or

          2.       a class approval issued under Section 4.5.2 (Class approvals); or

          3.       an activity licence or lease issued under Section 4.5.3 (Activity licences and leases).

        3.            Research activities that involve access to biological resources within the meaning of Part 8A of the EPBC Regulations must also comply with the requirements of that Part (in addition to the requirements of this section).

        4.            The Director will require authorisation holders to make results of research,