Section 357 — Environment Protection and Biodiversity Conservation Act 1999: 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.