Document ID: chunk:federal_register_of_legislation:F2018C00019:reg:11:p13
Version: federal_register_of_legislation:F2018C00019
Segment Type: reg
Provision Reference: reg 11 (pt 13/19)
Character Range: 116299–118938

Planning Area outside the General Use Zone and the Habitat Protection Zone.
Note: The Regulations limit who may apply for a special tourism permission to:
(a) a past holder of the permission; or
(b) a person selected through a process involving public invitation of expressions of interest in the permission and ranking of any such expressions of interest in order of merit according to published criteria.

Part 2—Enforcement provisions
Note 1: Regulations may be made providing for giving effect to the enforcement provisions of a plan of management or to the enforcement provisions of an amendment of a plan of management: see s 66 (2) (ba) of the Act.
Note 2: The Act contains a number of offences relating to zones.

Division 1—Preliminary

2.1  How many people on a vessel
  A calculation of the number of people that a vessel is carrying for the purposes of a provision in this Part must include each person on board the vessel who is aged 4 years or older (unless the provision says the person is not to be included).
Note: The following persons must be included in the calculation if they are on board a vessel (unless the provision says they are not to be):
(a) officers and members of the vessel's crew;
(b) any person on board the vessel who is to help with an activity associated with the use of the vessel (for example, a tour guide or diving instructor).

2.3  When this Part does not apply
 (1) Nothing in this Part prohibits or restricts anything being done:
 (a) by a law-enforcement authority of the Commonwealth or Queensland for its work; or
 (b) for observation or surveillance by, or on behalf of, an authority of the Commonwealth or Queensland; or
 (c) in accordance with Part 5 of the Zoning Plan; or
 (d) in accordance with a relevant permission, granted under the Regulations, authorising the carrying on of an activity not mentioned in, or considered by the Authority in the preparation of, this Plan.
Note: Part 5 of the Zoning Plan is about additional purposes for use and entry, such as saving life, dealing with an environmental emergency, and managing the Marine Park.
 (2) If the Authority gives written permission to do something for the purpose of research, nothing in this Part prevents or restricts anything being done in accordance with the written permission.
 (3) This Part does not apply to the installation or use of a navigation aid.

2.3A  Permissions 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),