Document ID: chunk:federal_register_of_legislation:F2006B00701:front:0:p29
Version: federal_register_of_legislation:F2006B00701
Segment Type: other
Provision Reference: 
Character Range: 86974–89832

an open tour operation; and
 (b) the operation had, immediately before the eligibility process commencement day, an existing permission to operate to a particular Sensitive Location; and
 (c) the applicant can demonstrate that the operation operated to that Sensitive Location on at least 1 day in the 12 months finishing at the end of 15 April 2004.

 (15) However, if special circumstances warrant an exception to the requirement in paragraph (14) (c), the Authority will consider allowing the exception.

1.35 Evidentiary requirements for tourism operations

 (1) When applying for a new permission or authorisation, proof of eligibility may be by:
 (a) reference to Environmental Management Charge returns held by the Authority; or

Note   For Environmental Management Charge returns, see regulation 107 of the Regulations.
 (b) reference to other official documents or records such as vessel or aircraft log books and passenger manifests or dive logs; or
 (c) reference to Commercial Activity Permit returns given under the Nature Conservation Act 1992 of Queensland.

 (2) A person seeking to prove eligibility by reference to documents or records not held by the Authority on or before 15 April 2004 will be required to provide satisfactory evidence of:
 (a) the number of days entry to the Planning Area or Location required for the eligibility criteria; and
 (b) all tourism operations conducted in the Marine Park during the period in which it is claimed the eligibility criteria are met.

 (3) A person seeking to prove eligibility will be required to make application to the Authority no later than 3 months after the eligibility process commencement day and to provide all relevant supporting information.

 (4) However, for subclause (3), the Authority may consider an application received more than 3 months after the eligibility process commencement day if special circumstances warrant its doing so.

1.36 Relevant permission replication issues for tourism operations

  It will not be possible to manage tourism use effectively if several relevant permissions can be held for the same purpose using the same vessels or aircraft.

Note 1   A person who holds a relevant permission or authorisation for an open tour operation for a vessel with an authorisation allowing more than 50 days entry to a Sensitive Location without a requirement to make a booking will not be able to make a booking for that vessel to enter the Sensitive Location.

Note 2   The 50-day access and booking requirement is intended to allow roving tourist operations to access the Planning Area on an occasional basis. It is not intended to provide for the establishment of new daily operations in the Area.

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Part 2 Enforcement provisions

Note 1   Regulations may be made for giving effect to the enforcement provisions of