Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p42
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 132976–137006

through, or while stopping and anchoring in, zones in which that gear is not allowed.

4.3.4     Commercial tourism (includes charter fishing tours)
This section (4.3.4) sets out the rules for commercial tourism in the South-east Network. These are summarised in Table 4.6.

Table 4.6 Summary of prescriptions for commercial tourism (includes charter fishing tours) in the South-east Network

COMMERCIAL TOURISM                                                                       Multiple Use   Special Purpose Zone (VI)  Habitat Protection Zone  Habitat Protection Zone (Macquarie) (IV)  Recreational Use   National Park Zone  Sanctuary Zone
                                                                                         Zone                                      (IV)                                                               Zone               (II)                (Ia)
                                                                                         (VI)                                                                                                         (IV)
Non-fishing related commercial tourism (including nature watching, scuba/snorkel tours)  A              A                          A                        A                                         A                  A                   x
Commercial charter fishing tours (including spear diving tours)                          A              x                          A                        A                                         A                  x                   x
Commercial aviation tours (up to 3,000 m above sea level)                                A              A                          A                        A                                         A                  A                   A

  A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
  x Activity is not allowed.
Note: Transit by commercial tourism vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescription 4.3.4.4. Anchoring is allowed as part of activities authorised under this section (4.3.4).
Note: The prescriptions in Section 4.3.6 (Recreational use) apply to the clients of charter fishing tours.
Note: The prescriptions in Section 4.3.11 (Structures and works) apply to the installation and maintenance of moorings and other structures and works as part of commercial tourism activities.
Note: The EPBC Act and EPBC Regulations do not apply to commercial aviation tours in airspace over 3,000 m above sea level.

Prescriptions

       4.3.4.1               Commercial tours, other than aviation tours up to 3,000 m above
       sea level and charter fishing tours, can be carried out in all zones except the Sanctuary Zone (Ia).

       4.3.4.2               Commercial aviation tours up to 3,000 m above sea level can be carried out in
       all zones.

       4.3.4.3               Commercial charter fishing tours can be carried out in all zones except the Special Purpose Zone (VI), National Park Zone (II) and Sanctuary Zone (Ia).

       4.3.4.4               Commercial tourism activities, including aviation tours carried out in the airspace up to 3,000 m above sea level and charter fishing tours, may only be carried out in the South-east Network in accordance with and subject to:

         a)      a permit issued under Section 4.5.2 (Permits),

         b)      a class approval issued under Section 4.5.3 (Class approvals), or

         c)      an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).

       4.3.4.5               Without limiting prescription 4.3.4.4, all commercial tourism activities must comply with:

         a)      the prescriptions in Section 4.3.1 (General use, access and waste management) where applicable, and

         b)      if the commercial tourism activity involves charter fishing