Document ID: chunk:federal_register_of_legislation:F2006B00701:front:0:p27
Version: federal_register_of_legislation:F2006B00701
Segment Type: other
Provision Reference: 
Character Range: 81834–84572

and is not provided for in this Plan, then it may lead to a proposal to amend this Plan in accordance with section 39ZG of the Act.

 (4) Requirements and procedures for application, assessment and decisions and review of decisions concerning relevant permissions are otherwise as provided for in the Act and the Regulations.

1.34 Eligibility criteria and exemptions for certain tourism operations

Management of tourism operations

 (1) The Authority recognises that a number of tourism operations operate daily in the Planning Area and need to be managed, particularly when anchoring or setting down passengers, to protect the nature conservation, scientific, cultural and World Heritage values of the Planning Area.

 (2) Accordingly, a crewed vessel, crewed large vessel, cruise ship or an aircraft operation will, unless it qualifies for an exemption under subclause (6), be classified as a limited tour operation and required to make a booking to access the Planning Area.

 (3) A limited tour operation that is a cruise ship operation will be required to make a booking to access the Planning Area, and only 1 booking will be accepted per day.

 (4) A limited tour operation will be:
 (a) if it is not a cruise ship operation — limited to 50 days access to the Planning Area per year; and
 (b) required to make a booking to access the Planning Area.

Eligibility criteria for exemption to 50 day limit and booking requirement for access to the Planning Area

 (5) To assist in determining eligibility for exemption from the 50 day limit and the requirement to book, the Authority will publish a notice in the Gazette specifying a day on which the eligibility process commences (the eligibility process commencement day).

 (6) An operation is eligible to be classified as an open tour operation only if:
 (a) the operation was, immediately before the eligibility process commencement day, permitted to operate in the Planning Area on more than 50 days per year; and
 (b) it can be demonstrated that the operation operated for a total of at least 50 days in the 18 months finishing at the end of 15 April 2004, in the area made up of:
 (i) the Planning Area; and
 (ii) the Hinchinbrook Management Area and Family Islands Management Area of the Townsville/Whitsunday Marine Park described in the Townsville/Whitsunday Marine Park Zoning Plan 1987 under the Marine Parks Act 1982 of Queensland.

 (7) However, if special circumstances warrant an exception to the requirement in paragraph (6) (b), the Authority will consider allowing the exception.

 (8) An open tour operation will be given an exemption from:
 (a) the 50 days per year access limit; and
 (b) the requirement to make a booking to access the Planning Area.

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