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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.

  (3)   If:

  (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.

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