(a) regulate or prohibit the pollution of soil, air or water in a manner that is, or is likely to be, harmful to:
(i) people, biodiversity or heritage in Commonwealth reserves; or
(ii) the natural features of Commonwealth reserves; and
(b) regulate or prohibit tourism in Commonwealth reserves; and
(c) provide for the protection and preservation of Commonwealth reserves and property and things in Commonwealth reserves; and
(d) provide for the protection and conservation of biodiversity in Commonwealth reserves; and
(e) regulate or prohibit access to all or part of a Commonwealth reserve by persons or classes of persons; and
(f) provide for the removal of trespassers from Commonwealth reserves; and
(g) regulate or prohibit camping in Commonwealth reserves; and
(h) provide for the safety of persons in Commonwealth reserves; and
(i) regulate or prohibit the use of fire in Commonwealth reserves; and
(j) regulate the conduct, or prohibit certain kinds of conduct, of persons in Commonwealth reserves; and
(k) regulate or prohibit the carrying on of any trade or commerce in a Commonwealth reserve; and
(l) regulate or prohibit the use of vehicles in Commonwealth reserves and provide for signs and road markings for those purposes; and
(m) provide for:
(i) the removal of vehicles, aircraft or vessels from places in Commonwealth reserves where they have been left in contravention of the regulations or have been abandoned; and
(ii) the impounding of such vehicles, aircraft or vessels; and
(n) provide that the person taken for the purposes of the regulations to be the owner of a motor vehicle involved in a contravention of a provision of the regulations relating to the parking or stopping of vehicles in a Commonwealth reserve is, except as provided otherwise, taken to commit an offence against the provision; and
(o) provide for a person to be taken to be the owner of a motor vehicle for the purposes of regulations made under paragraph (n) (including a person in whose name the motor vehicle is registered under the law of a State or Territory); and
(p) regulate or prohibit the use of vessels in, and the passage of vessels through, Commonwealth reserves; and
(q) regulate or prohibit the landing and use of aircraft in, and the flying of aircraft over, Commonwealth reserves; and
(r) provide for the giving of effect to management plans for Commonwealth reserves; and
(s) regulate or prohibit the taking of animals or plants into or out of Commonwealth reserves; and
(t) provide for the impounding, removal, destruction or disposal of animals found straying in Commonwealth reserves; and
(u) regulate or prohibit the taking into Commonwealth reserves, and the use in Commonwealth reserves, of weapons, traps, nets, snares, fishing apparatus and other devices; and
(v) regulate or prohibit the laying of baits and the use of explosives and poisons in Commonwealth reserves; and
(w) provide for the collection of specimens and the pursuit of research in Commonwealth reserves for scientific purposes; and
(x) provide for the issue of licences, permits and authorities relating to activities in Commonwealth reserves, the conditions subject to which they are issued and the charging of fees by the Commonwealth in respect of such licences, permits and authorities; and
(y) provide for any matter incidental to or connected with a matter described in another paragraph.
(2) A provision of the regulations regulating or prohibiting the flying of aircraft over a Commonwealth reserve does not have any effect so far as it is inconsistent with a law of the Commonwealth. For this purpose, a provision is not inconsistent with such a law if it can be complied with without contravention of the law.
(3) A law of a Territory has effect so far as it is not inconsistent with a provision of the regulations having effect in that Territory. For this purpose, such a law is not inconsistent with the provision so far as it can operate concurrently with the provision.
356A Charges for activities in Commonwealth reserves
Subject to the approval of the Minister, the Director may determine and impose charges for:
(a) entering or using a Commonwealth reserve or part of a Commonwealth reserve; and
(b) using services or facilities provided by the Director in or in connection with a Commonwealth reserve; and
(c) the parking or stopping of vehicles in a Commonwealth reserve; and
(d) the mooring or landing of vessels in a Commonwealth reserve; and
(e) the landing of aircraft in a Commonwealth reserve; and
(f) the use of vehicles and vessels in a Commonwealth reserve.
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.
358 Restriction on disposal of Director’s interests in Commonwealth reserves
(1) The Director must not sell or otherwise dispose of a usage right the Director holds in relation to land, sea or seabed in a Commonwealth reserve.
(2) However, the Director may grant a lease or sub‑lease of, or a licence relating to, land or seabed in a Commonwealth reserve, but only in accordance with a management plan in operation for the reserve.
(3) Despite subsection (1), the Director may surrender a lease of land or seabed within a Commonwealth reserve in consideration of the grant to the Director of a new lease of land or seabed that includes that land or seabed.
(4) The Lands Acquisition Act 1989 does not apply to the grant or surrender of a lease or sub‑lease under this section.
(5) This section has effect despite any law of the Commonwealth or of a State or Territory.
359 Prior usage rights relating to Commonwealth reserves continue to have effect
(1) None of the following provisions affect a usage right that was held by a person (other than the Commonwealth or the Director) in relation to land or seabed immediately before the land or seabed was included in a Commonwealth reserve:
(a) provisions of this Division that relate to the reserve (whether or not they also relate to another Commonwealth reserve);
(b) provisions of the regulations made for the purposes of this Division that relate to the reserve (whether or not they also relate to another Commonwealth reserve);
(c) provisions of a management plan for the reserve.
(2) None of the provisions described in subsection (1) affect the application of a law of a State or Territory in relation to the usage right.
(3) The usage right may be renewed or have its term extended only:
(a) with the Minister’s written consent; and
(b) subject to any conditions determined by the Minister.
This subsection has effect despite subsections (1) and (2) and any other law of the Commonwealth, a State or a Territory.
(4) Subsections (1) and (2) apply in relation to a usage right relating to minerals on, in or under land or seabed included in a Commonwealth reserve as if the usage right were a usage right relating to the land or seabed.
(5) This section applies to a right arising out of a usage right in the same way as it applies to the usage right.
(6) This section does not apply in relation to:
(a) a usage right relating to minerals in Kakadu National Park; or
(b) a usage right so far as it relates to mining operations for those minerals.
359A Traditional use of Commonwealth reserves by indigenous persons
(1) This Division and regulations made for the purposes of this Division do not prevent an indigenous person from continuing in accordance with law the traditional use of an area in a Commonwealth reserve for:
(a) hunting or food‑gathering (except for purposes of sale); or
(b) ceremonial and religious purposes.
(2) However, regulations made for the purposes of this Division do affect an indigenous person’s traditional use of an area in a Commonwealth reserve if they:
(a) are made for the purpose of conserving biodiversity in the area; and
(b) expressly affect the traditional use of the area by indigenous persons.
359B Director’s approval of actions and mining operations when a management plan is not in operation
Approval of actions (other than mining operations)
(1) 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:
(a) the Director is satisfied that:
(i) no management plan has yet come into operation for the reserve; and
(ii) 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
(iii) the usage right is not a right in relation to land or seabed to which section 359 applies; or
(b) the Director is satisfied that:
(i) 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
(ii) 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
(iii) the action or class of actions is not mining operations.
Note 1: In exercising the power to give approvals, the Director must comply with section 357.
Note 2: 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
(2) 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:
(a) the Director is satisfied that no management plan has yet come into operation for the reserve; or
(b) 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.
Note 1: In exercising the power to give approvals, the Director must comply with section 357.
Note 2: 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
(3) The Director must not approve:
(a) 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
(b) mining operations in the Kakadu National Park or the Antarctic.
Approvals may be subject to conditions
(4) An approval given under subsection (1) or (2) may be expressed to be subject to specified conditions.
When approvals come into force
(5) 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
(6) The Director may, in writing, vary or revoke an approval:
(a) 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
(b) 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.
(7) An approval given under subsection (1) or (2), or a variation or revocation of an approval, is not a legislative instrument.
Subdivision D—Complying with management plans for Commonwealth reserves
361 Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision:
The Director must manage a Commonwealth reserve to give effect to a management plan for the reserve. If indigenous people think the Director is not doing this for a reserve including their land, they can take the matter up with the Minister.
Commonwealth agencies must act so as not to contravene a management plan.
362 Commonwealth and Commonwealth agencies to comply with management plan for Commonwealth reserve
(1) The Director must exercise the Director’s powers and perform the Director’s functions to give effect to a management plan that is in operation for a Commonwealth reserve.
(2) The Commonwealth or a Commonwealth agency must not perform its functions or exercise its powers in relation to a Commonwealth reserve inconsistently with a management plan that is in operation for the reserve.
(3) To avoid doubt, if a management plan for a Commonwealth reserve prohibits the exercise of a specified power, or the performance of a specified function, under an Act (including a power or function under an instrument made under an Act), the power or function must not be exercised in or in relation to the reserve while the plan is in operation.
363 Resolving disagreement between land council and Director over implementation of plan
Minister to resolve disagreement
(1) If the Chair or Chairperson of a land council for indigenous people’s land in a jointly managed reserve and the Director disagree about whether the Director is exercising the Director’s powers and performing the Director’s functions consistently with a management plan in operation for the reserve:
(a) the Director must inform the Minister; and
(b) the Minister must appoint a person the Minister considers to be suitably qualified and in a position to deal with the matter impartially to inquire into the matter; and
(c) the person appointed must inquire into the matter and give the Minister a report and recommendations; and
(d) the Minister must give the Director any directions the Minister thinks fit; and
(e) the Director must comply with any direction.
What is a land council?
(2) The land council for indigenous people’s land in a Commonwealth reserve is:
(a) if the land is in the area of an Aboriginal Land Council established by or under the Aboriginal Land Rights (Northern Territory) Act 1976—that Aboriginal Land Council; and
(b) if the land is in Jervis Bay Territory—the Wreck Bay Aboriginal Community Council established by the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986; and
(c) if the land is elsewhere—a body corporate that:
(i) is established by or under an Act; and
(ii) has functions relating to the indigenous people’s land in the reserve; and
(iii) consists of indigenous persons who either live in an area to which one or more of the body’s functions relate or are registered as traditional owners of indigenous people’s land in an area to which one or more of the body’s functions relate.
What is indigenous people’s land?
(3) Land is indigenous people’s land if:
(a) a body corporate holds an estate that allows the body to lease the land to the Commonwealth or the Director; and
(b) the body corporate was established by or under an Act for the purpose of holding for the benefit of indigenous persons title to land vested in it by or under that Act.
Who is an indigenous person?
(4) A person is an indigenous person if he or she is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an indigenous inhabitant of the Torres Strait Islands.
What is a jointly managed reserve?
(5) A Commonwealth reserve is a jointly managed reserve if:
(a) it includes indigenous people’s land held under lease by the Director; and
(b) a Board is established for the reserve under Subdivision F.
364 Resolving disagreement between Director and Board over implementation of plan
(1) The Director must inform the Minister if the Director believes that:
(a) a decision of a Board for a Commonwealth reserve is likely to be substantially detrimental to the good management of the reserve; or
(b) a decision of a Board for a Commonwealth reserve is contrary to:
(i) a management plan in operation for the reserve; or