Document ID: chunk:federal_register_of_legislation:F2006B00701:front:0:p33
Version: federal_register_of_legislation:F2006B00701
Segment Type: other
Provision Reference: 
Character Range: 96854–99515

of a vessel.

 (3) A person must not accept a booking for a vessel to enter a Sensitive Location mentioned in column 2 of an item in the table in Schedule 4 on a day, if accepting the booking would result in the number of bookings for that Location exceeding a limit set out in column 3 or 4 of that item.

 (4) However, subclauses (1) and (2) do not prevent a person from operating a vessel to conduct any of the following operations in a Sensitive Location:
 (a) a bareboat operation;
 (b) a craftless operation;
 (c) a guided interpretive tour (including fishing) operation;
 (d) a hire operation;
 (e) a non-motorised craft operation;
 (f) a passenger transport operation;
 (g) a support service operation;
 (h) an operation authorised by a permission of a kind mentioned in subclause 2.26 (2);
 (i) an operation that is conducted in accordance with an authorisation.

Note   Crewed large vessel operations, cruise ship operations and motorised water sports operations cannot access a Sensitive Location — see clauses 2.10 and 2.18.

 (5) Also, if a new permission allows a person to operate a vessel or aircraft in a Sensitive Location despite subclauses (1) and (2), those subclauses do not prevent the person doing that thing according to the permission.

2.10 Limits on use of large vessels

 (1) A person must not operate a large vessel in a Location, except:
 (a) to reach a cruise ship anchorage in accordance with paragraph 2.5 (4) (a); or
 (b) to conduct a crewed large vessel operation mentioned in paragraph 2.5 (4) (b); or
 (c) in accordance with an authorisation mentioned in paragraph 2.5 (4) (c); or
 (d) in accordance with a permission mentioned in subclause 2.5 (6).

Note 1   Locations are set out in Schedule 2.

Note 2   Cruise ship anchorages are set out in Schedule 7.

 (2) Subclause (1) does not apply in relation to a barge that has been granted a relevant permission to enter an intensive use setting Location to deliver goods or services to a resort.

 (3) If a large vessel is anchored in a cruise ship anchorage, a person must not anchor another large vessel in that anchorage.

 (4) A person must not operate a large vessel's tender as part of a tourism operation in the Planning Area except to transport passengers between the large vessel and:
 (a) a place outside the Planning Area; or
 (b) a tourist facility within, or partly within, the Planning Area.

2.11 Limited exemption for activities under certain older permissions

 (1) This clause applies to a person who holds a relevant permission that:
 (a) was granted before the eligibility process commencement day; and
 (b) permits the person to operate in the Planning