Document ID: chunk:federal_register_of_legislation:F2006B00701:front:0:p30
Version: federal_register_of_legislation:F2006B00701
Segment Type: other
Provision Reference: 
Character Range: 89578–92218

basis. It is not intended to provide for the establishment of new daily operations in the Area.

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Part 2 Enforcement provisions

Note 1   Regulations may be made 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 paragraph 66 (2) (ba) of the Act.

Note 2   The Act provides for offences in relation to:
(a) the use or entry of a zone for a purpose other than a purpose permitted under a zoning plan; or
(b) the use or entry of a zone without a relevant permission where permission is required under the zoning plan; or
(c) the contravention of a condition to which a relevant permission is subject.

See the Act, sections 38A, 38B, 38C, 38CA, 38CB, 38CC, 38M, 38MA and 38MB.

Division 1 Preliminary

2.1 How many people in a tourism operation

 (1) When deciding how many people are participating in a tourism operation, everybody must be counted, including officers and members of the crew, and anybody participating in an activity (for example, a tour guide or diving instructor).

 (2) Despite subclause (1), the following are not taken to be participating in a tourism operation:
 (a) transfer passengers;
 (b) the crew of a vessel engaged in a long range roving operation.

2.2 Number of operations in a period

  For a decision whether, under this Plan, a limited tour operation may be conducted on a particular day:
week means the week immediately preceding the day.
year means the year immediately preceding the day.

2.3 Length of a vessel

  For this Plan, the length of a vessel is its overall length.

2.4 Part not to apply to certain activities

 (1) This Part does not apply to an activity that is carried out for a purpose mentioned in an item in Table 1 of Schedule 9.

 (2) This Part does not apply to an activity that is carried out for a purpose mentioned in an item in Table 2 of Schedule 9 by a person who notifies the Authority before carrying out the activity and complies with any relevant direction given by the Authority.

 (3) This Part does not apply to an activity that is carried out in accordance with a relevant permission granted under the Regulations, authorising the carrying on of an activity not mentioned in this Plan.

 (4) If the Authority gives written permission under the Zoning Plan to carry on an activity for the purpose of research, nothing in this Part prevents or restricts that activity being carried on in accordance with that permission.

Division 2 General restrictions for tourism operations

2.5 Tourism operation restrictions in certain