Director’s approval of actions and mining operations when a management plan is not in operation
359B Director’s approval of actions and mining operations when a management plan is not in operation
Approval of actions (other than mining operations)
The Director may, in writing, approve the taking of a specified action or a specified class of actions, by a specified person or a specified class of persons, in a specified area that is or is part of a Commonwealth reserve, if:
the Director is satisfied that:
no management plan has yet come into operation for the reserve; and
immediately before the area became included in the reserve, the person, or the persons in the class of persons, held a usage right, or a right arising out of a usage right, that entitled the person or persons to take the action, or the actions in the class of actions, in the area; and
the usage right is not a right in relation to land or seabed to which section 359 applies; or
the Director is satisfied that:
a management plan for the reserve has ceased to be in operation, and no further management plan for the reserve has yet come into operation; and
immediately before the management plan ceased to be in operation, the person, or the persons in the class of persons, were taking the action, or the actions in the class of actions, in the area without contravening section 354 or 354A; and
the action or class of actions is not mining operations.
In exercising the power to give approvals, the Director must comply with section 357.
If an action taken without approval would not contravene section 354 or 354A, the action does not need approval under this subsection.
Approval of mining operations
The Director may, in writing, approve the carrying on of specified mining operations, or a specified class of mining operations, by a specified person or a specified class of persons, in a specified area that is or is part of a Commonwealth reserve, if:
the Director is satisfied that no management plan has yet come into operation for the reserve; or
the Director is satisfied that a management plan for the reserve has ceased to be in operation, and no further management plan for the reserve has yet come into operation.
In exercising the power to give approvals, the Director must comply with section 357.
If an action taken without approval would not contravene section 355 or 355A, the action does not need approval under this subsection.
Limits on approvals in relation to the Kakadu National Park and the Antarctic
The Director must not approve:
an action in the Antarctic that would be an element of an offence under the Antarctic Treaty (Environment Protection) Act 1980 (whether or not a defence would be available under that Act); or
mining operations in the Kakadu National Park or the Antarctic.
Approvals may be subject to conditions
An approval given under subsection (1) or (2) may be expressed to be subject to specified conditions.
When approvals come into force
An approval given under subsection (1) or (2) comes into force on the day the Director gives the approval, or on a later day specified in the approval.
Variation and revocation of approvals
The Director may, in writing, vary or revoke an approval:
under subsection (1)—if the Director considers that the action, or an action in the class of actions, to which the approval relates is not being taken in accordance with the approval; or
under subsection (2)—if the Director considers that the mining operations, or mining operations in the class of mining operations, to which the approval relates are not being carried on in accordance with the approval.
An approval given under subsection (1) or (2), or a variation or revocation of an approval, is not a legislative instrument.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.