Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 367

Mandatory content

  (1)   A management plan for a Commonwealth reserve must provide for the protection and conservation of the reserve. In particular, the plan must:

  (a)   assign the reserve to an IUCN category (whether or not a Proclamation has assigned the reserve or a zone of the reserve to that IUCN category); and

  (b)   state how the reserve, or each zone of the reserve, is to be managed; and

  (c)   state how the natural features of the reserve, or of each zone of the reserve, are to be protected and conserved; and

  (d)   if the Director holds land or seabed included in the reserve under lease--be consistent with the Director's obligations under the lease; and

  (e)   specify any limitation or prohibition on the exercise of a power, or performance of a function, under an Act in or in relation to the reserve; and

  (f)   specify any mining operation, major excavation or other work that may be carried on in the reserve, and the conditions under which it may be carried on; and

  (g)   specify any other operation or activity that may be carried on in the reserve; and

  (h)   indicate generally the activities that are to be prohibited or regulated in the reserve, and the means of prohibiting or regulating them; and

  (i)   indicate how the plan takes account of Australia's obligations under each agreement with one or more other countries that is relevant to the reserve (including the World Heritage Convention and the Ramsar Convention, if appropriate); and

  (j)   if the reserve includes a National Heritage place:

  (i)   not be inconsistent with the National Heritage management principles; and

  (ii)   address the matters prescribed by regulations made for the purposes of paragraph   324S(4)(a); and

  (k)   if the reserve includes a Commonwealth Heritage place:

  (i)   not be inconsistent with the Commonwealth Heritage management principles; and

  (ii)   address the matters prescribed by regulations made for the purposes of paragraph   341S(4)(a).

Plan may assign different zones to different IUCN categories

  (2)   A management plan for a Commonwealth reserve may divide the reserve into zones and assign each zone to an IUCN category (whether or not a Proclamation has assigned the reserve or each zone of the reserve to that IUCN category). The category to which a zone is assigned may differ from the category to which the reserve is assigned.

Consistency with Australian IUCN reserve management principles

  (3)   The provisions of a management plan for a Commonwealth reserve that relate to the reserve or a particular zone of the reserve must not be inconsistent with the Australian IUCN reserve management principles for the IUCN category to which the reserve or zone is assigned by the plan.

If zone is in different category from reserve

  (4)   If the management plan for a Commonwealth reserve assigns the reserve to one IUCN category and assigns a zone of the reserve to a different IUCN category, disregard the IUCN category to which the reserve is assigned for the purposes of the application of subsection   (3) in relation to the zone.

  (5)   A single management plan may be the management plan for more than one Commonwealth reserve.

Plans for proposed extension of reserve

  (6)   A management plan for a Commonwealth reserve may include provisions relating to an area that is proposed to be included in the reserve, but they do not have effect until the area is included in the reserve.