Document ID: chunk:federal_register_of_legislation:F2008C00685:reg:4:p12
Version: federal_register_of_legislation:F2008C00685
Segment Type: reg
Provision Reference: reg 4 (pt 12/32)
Character Range: 74150–77056

activity in the same area (to replace the first permission) will be assessed as to:
 (i) whether the holder has established the permitted tourism operation; and
 (ii) whether the holder has operated the tourism operation on a regular basis;
 (c) the assessment criteria in subparagraphs (b) (i) and (ii) are in addition to the assessment criteria in the Regulations for applications for relevant permissions;
 (d) additional conditions, or other restrictions, may be placed on any further permission that is granted to replace a permission mentioned in this subclause.

 (6) The Authority will seek community and industry input when determining the timing of the release of new permissions mentioned in subclause (1). The new permissions or any relevant permissions for regional tour operations that become available (because they expire, are revoked or are surrendered), may be allocated under the Regulations using a process of inviting expressions of interest.

Note   Information about the way tourism permissions are managed can be found in
the document published by the Authority and entitled Managing Tourism Permissions
to Operate in the Great Barrier Reef Marine Park (Including Allocation, Latency
and Tenure). The document can be found on the Authority's website at http://www.gbrmpa.gov.au.

1.49 Permission replication and splitting

 (1) The effective management of the impact of tourism operations in the Planning Area, particularly those that involve anchoring or alighting, relies fundamentally on the limits set by this Plan. Consequently, any attempts to circumvent the limits set by the Plan by, for example, conducting 1 tourism operation using multiple permissions, will undermine the Plan.

 (2) The Authority will manage permissions and bookings to ensure permission replication or permit splitting does not circumvent the intention of the Plan. The actions needed to address this issue include, but are not limited to:
 (a) requiring, when granting a permission for a tourism operation, that all relevant permissions for that tourism operation in the Planning Area are surrendered, have been revoked or have expired; and
 (b) requiring that a person will not hold more than 1 relevant permission for a tourism operation in the Planning Area; and
 (c) requiring that more than 1 person may be granted a relevant permission for a single tourism operation only if each permission for that operation has been assessed as meeting eligibility criteria referred to in earlier versions of this Plan.

Note   Earlier versions of this Plan can be found on the ComLaw website at http://www.comlaw.gov.au.

 (3) Certain tourism operations will not be allowed to operate in the Planning Area on more than 50 days per year.

 (4) The Authority will identify an individual tourism operation on the basis of the primary vessel or aircraft that is used for the operation. The operation of a vessel