Document ID: chunk:federal_register_of_legislation:F2018C00019:reg:11:p14
Version: federal_register_of_legislation:F2018C00019
Segment Type: reg
Provision Reference: reg 11 (pt 14/19)
Character Range: 118696–121502

must be consistent with this Plan
 (1) The Authority must not grant a relevant permission to use or enter the Planning Area that is inconsistent with this Plan.

Determining inconsistency with this Plan
 (2) For the purposes of subclause (1), assume that subclause 2.4(8) were not included in this Plan.
Note: That subclause effectively provides for a permission to override other provisions of this Plan that would otherwise prohibit or limit activities covered by the permission.

Exception for permissions for temporary relocation because of severe damage by a severe environmental incident
 (3) Subclauses (1) and (2) do not prevent the Authority from granting a permission described in subclause 2.4(8) to allow temporary relocation under subclause 1.26(6) of a tourist program or tourist facility.

Exception for certain permissions like old permissions
 (4) Subclauses (1) and (2) do not prevent the Authority from granting to a person (the applicant) a permission (the replacement permission) that is covered by subclause (5) if, when the application for the replacement permission was made, either:
 (a) there was in force another permission held by the applicant that was of the same kind; or
 (b) the applicant satisfied any requirements prescribed by the Regulations to be allowed to make the application.
 (5) This subclause covers a relevant permission that:
 (a) directly or indirectly arises out of another permission to conduct an operation that:
 (i) was described in subclause 1.12(2) of this Plan as in force immediately before 18 December 2008 and met the requirements of subclause 1.12(3), (4) or (5) (as affected by subclause 1.12(6), if relevant) of this Plan as in force then; or
 (ii) was described in subclause 1.13(2) of this Plan as in force immediately before 18 December 2008 and met the requirements of subclause 1.13(3), (4), (4B) or (4C) (as affected by subclause 1.13(4A) or (4D), if relevant) of this Plan as in force then; or
 (b) becomes available because of the expiry, revocation or surrender of:
 (i) an earlier permission to conduct an operation described in subparagraph (a)(i) or (ii); or
 (ii) another permission directly or indirectly arising out of a permission described in subparagraph (i); or
 (c) is a permission, other than a new permission, to conduct a bareboat operation or a long range roving operation.
Note: The other permission described in paragraph (a) is one that:
(a) permitted an operation for more than 50 days a year or with groups larger than what are now the group size setting limits; and
(b) was granted after the Authority assessed the application against certain eligibility criteria.

2.3B  Permissions for conduct with no or low adverse impact on values of Planning Area
 (1) This Plan does not prevent the Authority from granting a