ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 357 Managing Commonwealth reserves while a management plan is not in operation
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 357
Managing Commonwealth reserves while a management plan is not in operation(1) While a management plan is not in operation for a Commonwealth reserve, the Director must exercise the Director's powers and perform the Director's functions in relation to the reserve or to a zone of the reserve so as to manage the reserve in accordance with:
(a) the Australian IUCN reserve management principles for the IUCN category to which the reserve or zone has most recently been assigned by:
(i) a Proclamation made under Subdivision B; or
(ii) a management plan that was in operation for the reserve (but is no longer); and
(b) if the Director holds land or seabed included in the reserve under lease--the Director's obligations under the lease.
(2) While a management plan is not in operation for a Commonwealth reserve, the Commonwealth or a Commonwealth agency must not exercise its powers or perform its functions in relation to the reserve or a zone of the reserve inconsistently with either or both of the following:
(a) the Australian IUCN reserve management principles for the IUCN category to which the reserve or zone has most recently been assigned by:
(i) a Proclamation made under Subdivision B; or
(ii) a management plan that was in operation for the reserve (but is no longer);
(b) if the Director holds land or seabed included in the reserve under lease--the Director's obligations under the lease.
(a) a zone of a Commonwealth reserve is assigned to an IUCN category at or after the time the reserve was most recently assigned to an IUCN category; and
(b) the IUCN category for the zone is different from the IUCN category for the reserve;
disregard the IUCN category to which the reserve has been assigned for the
purposes of the application of this section in relation to the zone.