Document ID: chunk:federal_register_of_legislation:F2006B00701:front:0:p38
Version: federal_register_of_legislation:F2006B00701
Segment Type: other
Provision Reference: 
Character Range: 109077–111841

an area outside a Location; or
 (c) to temporarily relocate or replace a tourist facility under subclause 1.29 (4).

Note 1   Even though a limit under subclause (1) does not apply to a tourist facility mentioned in subclause (2), the installation of the tourist facility is subject to the application, assessment and decision-making processes under the Regulations for a relevant permission to install a tourist facility. The processes under the Regulations include an assessment of the suitability of the proposed installation site.

Note 2   Under subclause 1.29 (2), no permitted tourist facility will be allowed to be temporarily relocated to a different place in the Planning Area until a Marine Tourism Contingency Plan has been prepared and adopted by the Authority.

2.24 Limit on number of bareboat operations in the Planning Area

  The Authority must not grant a relevant permission to conduct a bareboat operation in the Planning Area if granting the permission would result in the number of such permissions in force at that time being more than the number of relevant permissions for bareboat operations in force immediately before the commencing day.

2.25 Limit on number of long range roving operations in the Planning Area

  The Authority may grant a relevant permission (the replacement permission) for a long range roving operation only if:
 (a) the permission is of the same kind in relation to the carrying on of the same activity in the same zone or area as a relevant permission (the old permission) that is in force immediately before the replacement permission is granted; and
 (b) the replacement permission replaces the old permission which will cease to be in force.

Note   Subregulation 22 (4) and regulation 51 of the Regulations provide for when a relevant permission ceases to be in force.

2.26 New permissions for crewed vessel open tour operations

 (1) The Authority may grant up to 6 permissions (new open tour permissions) for crewed vessel open tour operations that will allow access:
 (a) to a Sensitive Location:
 (i) only if a booking is made; and
 (ii) for a maximum of 50 days per year; and
 (b) to the remainder of the Planning Area for 365 days per year.

 (2) However:
 (a) 3 of the new open tour permissions will be granted only to persons who are traditional inhabitants and have traditional affiliations; and
 (b) paragraph (1) (a) will not apply to those permissions.

 (3) Before granting a new open tour permission the Authority must:
 (a) prepare a system for allocating new open tour permissions; and
 (b) assess the application for the new open tour permission in accordance with the Regulations.
Schedule 1 The Hinchinbrook Planning Area
(clause 1.2)

 The Planning Area

  The Planning Area is the