Document ID: chunk:federal_register_of_legislation:F2006B00701:front:0:p28
Version: federal_register_of_legislation:F2006B00701
Segment Type: other
Provision Reference: 
Character Range: 84339–87250

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.

Other operations

 (9) Operators of the following operations may access the Planning Area an unlimited number of times per year and are not required to book to access the Planning Area:
 (a) bareboat operations;
 (b) craftless operations;
 (c) guided interpretive tour (including fishing) operations;
  (d) hire operations;
 (e) motorised water sports operations;
 (f) non-motorised craft operations;
 (g) passenger transport operations;
 (h) support service operations.

 (10) Operators of long range roving operations may access the Planning Area up to 100 days per year and are not required to book to access the Planning Area.

Eligibility criteria for exemptions to vessel length and group size limits for Locations and Sensitive Locations

 (11) An exemption to the vessel length or group size limits (up to the level of use permitted immediately before the eligibility process commencement day) may be given for a tourism operation in a Location (other than a Sensitive Location) if:
 (a) the operation is an open tour operation; and
 (b) the applicant had, immediately before the eligibility process commencement day, a permission to operate above vessel length or group size limits in the Location.

 (12) An exemption to the vessel length or group size limits per vessel for a Sensitive Location (up to the level of use permitted immediately before the eligibility process commencement day) may be granted for a tourism operation, if:
 (a) the operation is an open tour operation; and
 (b) the operation had, immediately before the eligibility process commencement day, a permission to operate above vessel length or group size limits in a particular Sensitive Location; and
 (c) the applicant demonstrates that the operation operated to that Sensitive Location on at least 1 day in the 12 months finishing at the end of 15 April 2004.

 (13) However, if special circumstances warrant an exception to the requirement in paragraph (12) (c) and the circumstances are consistent with the management setting intent for the Location, the Authority will consider allowing the exception.

Eligibility criteria for exemption to booking requirement for Sensitive Locations

 (14) An exemption to the booking requirement to a Sensitive Location (up to the level of use permitted immediately before the eligibility process commencement day) may be granted for a tourism operation if:
 (a) the operation is an open tour operation; and
 (b) the operation had, immediately before the eligibility process commencement day, an existing permission to operate to a particular Sensitive Location; and
 (c) the applicant can demonstrate that the operation operated to that Sensitive Location