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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 390E

Regulating activities generally

  (1)   The regulations may:

  (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 conservation zones; or

  (ii)   the natural features of conservation zones; and

  (b)   regulate tourism in conservation zones; and

  (c)   provide for the protection and preservation of conservation zones and property and things in conservation zones; and

  (d)   provide for the protection and conservation of biodiversity in conservation zones; and

  (e)   regulate or prohibit access to all or part of a conservation zone by persons or classes of persons; and

  (f)   provide for the removal of trespassers from conservation zones; and

  (g)   regulate camping in conservation zones; and

  (h)   provide for the safety of persons in conservation zones; and

  (i)   regulate the use of fire in conservation zones; and

  (j)   regulate the conduct of persons in conservation zones; and

  (k)   regulate the carrying on of any trade or commerce in a conservation zone; and

  (l)   regulate the use of vehicles in conservation zones 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 conservation zones 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 conservation zone 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 the use of vessels in, and the passage of vessels through, conservation zones; and

  (q)   regulate the landing and use of aircraft in, and the flying of aircraft over, conservation zones; and

  (r)   regulate or prohibit the taking of animals or plants into or out of conservation zones; and

  (s)   provide for the impounding, removal, destruction or disposal of animals found straying in conservation zones; and

  (t)   regulate or prohibit the taking into conservation zones, and the use in conservation zones, of weapons, traps, nets, snares, fishing apparatus and other devices; and

  (u)   regulate or prohibit the laying of baits and the use of explosives and poisons in conservation zones; and

  (v)   provide for the collection of specimens and the pursuit of research in conservation zones for scientific purposes; and

  (w)   provide for the issue of licences, permits and authorities relating to activities in conservation zones, 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

  (x)   provide for any matter incidental to or connected with a matter described in another paragraph.

  (2)   Regulations relating to conservation zones may also:

  (a)   regulate the carrying on of mining operations, fishing, pastoral or agricultural activities for commercial purposes; and

  (b)   regulate the construction or alteration of buildings and structures; and

  (c)   regulate the construction or establishment of bridges, railways, roads, tracks, port facilities and air - strips and the carrying out of any other works; and

  (d)   regulate the felling or taking of timber; and

  (e)   provide for and in relation to the powers to be exercised, and the functions and duties to be performed, in and in relation to conservation zones by wardens, by rangers and by other persons included in specified classes of persons; and

  (f)   provide for and in relation to the giving of securities for compliance with regulations made for the purposes of this section by persons doing, or proposing to do, anything to which those regulations relate.

  (3)   Regulations made for the purposes of this section have no effect to the extent that they are inconsistent with the terms and conditions of a right (however described) to explore for minerals, or to mine for or recover minerals, granted under section   124 of the Lands Acquisition Act 1989 .


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