Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p28
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 80762–84295

non-commercial purposes in accordance with a permit, relevant provisions of Part 8 of the EPBC Regulations, and applicable aviation safety laws.
Note: Operation of remote piloted aircraft in connection with commercial media activities, commercial tourism activities, or research and monitoring must be authorised under Section 4.2.5, Section 4.2.6 or Section 4.2.10 respectively.

Commercial shipping (other than commercial fishing and aquaculture vessels)
The prescriptions in this Section set out the rules for anchoring and transit of commercial ships in the Temperate East Network. These are summarised in Table 4.3.
Australia is a party to a number of international agreements relevant to commercial shipping, in particular the United Nations Convention on the Law of the Sea (UNCLOS) and MARPOL (Schedule 1). UNCLOS provides a right of innocent passage through the territorial sea for foreign vessels, and a right of freedom of navigation through Australia's exclusive economic zone. This Section places some limits on the exercise of these rights in some zones. The limitations are necessary to protect marine park values, apply to all commercial shipping, and are consistent with Australia's rights and obligations under UNCLOS.
There are also a range of national laws, policies and procedures relevant to commercial shipping including the National plan for maritime environmental emergencies in relation to maritime pollution incidents and the Biosecurity Act 2015 and Australian ballast water management requirements in relation to ballast water discharge. Prescriptions dealing with waste disposal and ballast water discharge and exchange are in Section 4.2.1 (General use, access, and waste management).
Rules for transit and anchoring of vessels engaged in commercial fishing and aquaculture activities are dealt with in Sections 4.2.3 and 4.2.4.
Table 4.3 Summary of prescriptions for commercial shipping activities in the Temperate East Network
COMMERCIAL SHIPPING  Special Purpose Zone (Trawl)  Special Purpose Zone (Norfolk)  Multiple Use Zone  Habitat          Habitat                      Recreational Use Zone  National Park Zone
Activity             VI                            VI                              VI                 Protection Zone  Protection Zone (Lord Howe)  IV                     II
                                                                                                      IV               IV
Anchoring            ✓                             ✓                               ✓                  xB               xB                           xB                     xB
Vessel transiting    ✓                             ✓                               ✓                  ✓                ✓                            ✓                      ✓

✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.
x Activity is not allowed.
B Anchoring is not allowed except in anchoring areas determined under r.12.56 of the EPBC Regulations.
Note: Ballast water exchange is managed under national arrangements. Restrictions may apply in some areas (Section 4.2.1 General use, access, and waste management).
Prescriptions

Commercial ships may transit through the Temperate East Network subject to compliance with the prescriptions in Section 4.2.1 (General use, access, and waste management) and relevant prescriptions in Sections 4.2.5 to 4.2.12 relating to the activity in which