Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:103:p1
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 103 (pt 1/2)
Character Range: 177131–179852

103  Mandatory considerations in deciding whether to grant permission
  The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:
 (a) if the proposed conduct will take place in a zone—the objectives (if any) of the zoning plan for the zone;
 (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;
Note: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).
 (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:
 (i) the applicant's capacity to engage in and manage the proposed conduct to the satisfaction of the Authority; and
 (ii) the applicant's history in relation to environmental matters; and
 (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and
 (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and
 (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and
 (vi) any other relevant matter;
 (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user's use or entry;
 (e) whether there are feasible and prudent alternatives to the proposed conduct;
 (f) any written comments received under Division 3 in connection with the application;
 (g) the relevant impacts of the proposed conduct;
 (h) options for avoiding, mitigating and offsetting those relevant impacts;
 (i) options for monitoring and managing those relevant impacts;
 (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:
 (i) relates to the management of the environment or to an area in the Marine Park; and
 (ii) is relevant to the proposed conduct;
  except so far as that law or plan is covered by paragraph (b);
 (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity