Document ID: chunk:federal_register_of_legislation:F2006B00701:front:0:p19
Version: federal_register_of_legislation:F2006B00701
Segment Type: other
Provision Reference: 
Character Range: 52081–54882

under subclause (4).

Marine Tourism Contingency Plan

 (2) No permitted tourist facility or permitted tourist program will be allowed to temporarily relocate to a different place in the Planning Area until a Marine Tourism Contingency Plan has been prepared and adopted by the Authority.

 (3) A Marine Tourism Contingency Plan must specify:
 (a) the circumstances in which the Authority will allow a permitted tourist facility or permitted tourist program to temporarily relocate to a different place in the Planning Area; and
 (b) the places to which a permitted tourist facility or permitted tourist program can relocate.

 (4) If a place (the original place) in the Planning Area is severely damaged by a severe environmental incident, the Authority may, subject to the Marine Tourism Contingency Plan adopted by the Authority:
 (a) if a permitted tourist facility was, before the incident, installed at the original place — allow the facility to be temporarily relocated to a different place in the Planning Area; or
 (b) if a permitted tourist facility was, before the incident, installed at the original place and the facility was destroyed by the incident — allow the operator of the facility to temporarily install another facility in a different place in the Planning Area; or
 (c) if a permitted tourist program normally operates at the original place — allow the program to operate temporarily at a different place in the Planning Area.

 (5) For subclause (4), a severe environmental incident may be, for example, an oil spill or a cyclone.

 (6) For subclause (4), a permitted tourist facility is a tourist facility the operation of which is authorised by a relevant permission.

Note   The installation of a tourist facility mentioned in subclauses (1) and (4), or the operation of a tourist program mentioned in paragraph (4) (c), is subject to the application, assessment and decision-making processes under the Regulations for a relevant permission to install a tourist facility or operate a tourist program. The processes under the Regulations include an assessment of the suitability of the proposed installation site for a tourist facility.

1.30 Management of certain tourism operations and commercial uses

Cruise ship operations

 (1) Although cruise ships may transit the Planning Area outside Locations, cruise ship operations will not be permitted in Locations in the Planning Area, except when transiting to or from a cruise ship anchorage, as set out in Schedule 7, for which a booking has been secured.

 (2) Cruise ship operations that are limited tour operations (that is, those that do not meet the eligibility criteria set by this Plan) will be required to secure a booking for the Planning Area and a maximum of 1 booking per day will be accepted.

Note   A ship