Document ID: chunk:federal_register_of_legislation:F2008C00685:reg:4:p17
Version: federal_register_of_legislation:F2008C00685
Segment Type: reg
Provision Reference: reg 4 (pt 17/32)
Character Range: 86486–89027

not operate an aircraft to conduct a tourist program in a Sensitive Location.

 (3) If a relevant permission granted on or after 27 October 1999 allows a person access to the Planning Area to conduct a tourism operation, and the access given in the permission is either:
 (a) different to subclause (1); or
 (b) does not comply under subclause (2) or (2A);
then, despite subclause (1), (2) or (2A), the permission prevails.

 (4) Subclause (2) does not apply to a person operating a vessel to the Michaelmas Cay Locality if the person is a member of the Cairns Professional Game Fishing Association, and is operating to the Association's mooring in that Locality.

 (11) A person must not accept a booking for a vessel to enter a Sensitive Location on a day if accepting the booking would result in the number of bookings for that Location for that day being greater than the number mentioned in column 4 of the entry for that Location in Schedule 5.

2.11 Vessels and aircraft that must not be taken into certain Locations

 (1) A person must not take a vessel or aircraft that is carrying more than 15 people into a low use Location.

Note   The low use Locations are set out in Schedule 4.

 (3) A person must not take a vessel or aircraft that is carrying more than 60 people into a moderate use Location.

Note   The moderate use Locations are set out in Schedule 4.

 (3A) However, subclauses (1) and (3) do not apply to a person who:
 (a) takes a vessel into waters in Blue Lagoon at Lizard Island Locality 4, if the person does so for protection against a wind generally from the north; or
 (b) takes a large vessel into waters (outside a Reef Anchorage) at Lizard Island Locality 4, Ribbon Reef No 3 (15-050), Ribbon Reef No 9 (14‑154), Thetford Reef (16-068), Moore Reef Locality 2, unnamed reef (14-153), if:
 (i) the person does so for protection against a wind generally from the north; and
 (ii) the conditions in subclause (3B) are satisfied; and
 (iii) the Authority has approved an anchoring strategy for the vessel at that Location; and
 (iv) the anchoring is carried out in accordance with the anchoring strategy; or
 (c) takes a vessel into waters at a Location mentioned in Schedule 6A to moor the vessel at a mooring, if the conditions in subclause (3B) are satisfied; or
 (d) takes a vessel into waters at Hastings Reef Locality 2 to moor the vessel at a mooring if the condition in paragraph (3B) (a) is satisfied; or
 (e) takes a vessel into a Reef Anchorage in a Location mentioned in Schedule 6B if the conditions