Document ID: chunk:federal_register_of_legislation:F2008C00685:reg:4:p16
Version: federal_register_of_legislation:F2008C00685
Segment Type: reg
Provision Reference: reg 4 (pt 16/32)
Character Range: 84129–86714

Locality.

Division 3 Restrictions on use of vessels and aircraft

2.9 Restrictions on access by tourist programs to the Planning Area, other than Sensitive Locations

 (1) This clause applies to the Planning Area, other than Sensitive Locations.

 (1A) A person must not conduct a tourism operation in the Planning Area on more than 50 days per year if the operation involves the use of a vessel or aircraft.

 (2) A person must not conduct a tourism operation on a day in the Planning Area unless the person has a booking for the operation on the day for the Planning Area.

 (3) However, subclauses (1A) and (2) do not apply to a person conducting a tourism operation that involves operating to a permitted mooring or permitted pontoon if the mooring or pontoon is not in a Group A Sensitive Location.

 (4) In subclause (3), a vessel that is operating as part of a tourism operation is operating to a permitted mooring or permitted pontoon if the vessel:
 (a) remains attached to the mooring or pontoon during the operation; or
 (b) if it is not attached as mentioned in paragraph (a) — is not attached to the mooring or pontoon during the operation because it is transiting the Marine Park to or from the mooring or pontoon by the most direct reasonable route.

 (5) If a relevant permission granted on or after 27 October 1999 allows a person access to the Planning Area to conduct a tourism operation, and the access given in the permission is either:
 (a) different to subclause (1A); or
 (b) does not comply under subclause (2);
then, despite subclause (1A) or (2), the permission prevails.

 (6) Subclause (2) does not apply to a person operating a vessel for the purposes of conducting a cruise ship operation if the person has been granted a relevant permission to conduct the operation in the Planning Area for 365 days in a year.

2.10 Restrictions on access to Sensitive Locations for tourist programs

 (1) A person must not conduct a tourism operation in a Sensitive Location on more than 50 days per year if the operation involves the use of a vessel or aircraft.

Note   The Sensitive Locations are set out in Schedule 5.

 (2) A person must not conduct a tourism operation in a Sensitive Location unless the person has a booking for the operation in that Location for the day on which the operation is conducted.

 (2A) A person must not operate an aircraft to conduct a tourist program in a Sensitive Location.

 (3) If a relevant permission granted on or after 27 October 1999 allows a person access to the Planning Area to conduct a tourism operation, and the