Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p37
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 110291–113255

be kept stowed and secured at all times during transit through, or stopping and anchoring in, zones in which recreational fishing is not allowed.

Mining operations (includes exploration)
The prescriptions in this Section set out the rules for mining operations in the Temperate East Network and are summarised in Table 4.9. Mining operations are defined in s.355(2) of the EPBC Act, and include offshore petroleum activities, transportation of minerals by pipeline, and oil spill response (Schedule 1.1 of this plan).
Under s.359 of the Act, ss.355 and 355A do not apply to usage rights to conduct mining operations that were held immediately before the proclamation of the marine parks.
The prescriptions allow for the Director to authorise mining activities that are also subject to other legislative regimes and assessed and approved by other agencies under those regimes.
Mining operations that are likely to have a significant impact on a matter protected under Part 3 of the EPBC Act will be subject to assessment and decision in accordance with Chapter 4 of the Act. At the commencement of this plan petroleum and greenhouse gas activities undertaken in Commonwealth waters in accordance with the Program report—strategic assessment of the environmental management authorisation process for petroleum and greenhouse gas storage activities administered by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) were endorsed under Part 10 of the EPBC Act. Offshore petroleum and greenhouse gas activities covered by and excluded from the program are detailed in the class of actions approval issued by the Minister for the Environment under EPBC Act on 27 February 2014. Activities that have an environment plan accepted by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) under the endorsed program may be conducted in accordance with the relevant petroleum title under the OPGGS Act and a class approval under this plan. Accordingly, mining operations covered by the endorsed NOPSEMA program do not require additional assessment by the Director because the endorsed program takes account of impacts and risks to marine park values in a manner that satisfies the Director.
Offshore petroleum activities that are excluded from the endorsed NOPSEMA program and associated class of actions approval will require an environment plan accepted by NOPSEMA under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Environment Regulations) and will also be considered and authorised by the Director in accordance with Section 4.2.12 (New activities and authorisations) of this plan if any activities are proposed.
The definition of mining operations in the EPBC Act does not include capture and storage of greenhouse gases, including carbon dioxide. If any of these activities were proposed they