Document ID: chunk:federal_register_of_legislation:F2008C00685:reg:4:p5
Version: federal_register_of_legislation:F2008C00685
Segment Type: reg
Provision Reference: reg 4 (pt 5/32)
Character Range: 56897–59719

person must not operate a hovercraft (except at Lizard Island Locality 2) or conduct a motorised water sport in a Location (see clause 2.15)).

1.42 Limits — operations involving aircraft

  Studies have indicated that the use of aircraft may have impacts requiring special management. Therefore, this Plan limits the number of operations regularly using aircraft, and the Authority will not allow the conversion of tourist program permissions involving the use of a vessel to use involving an aircraft (see clause 1.50).

Subdivision 6 Management of tourist programs

1.43 General

 (1) In order to protect the nature conservation, scientific, and cultural and heritage values of the Planning Area it has been necessary to manage the number of tourist programs accessing the Planning Area.

 (2) A large number of different types of tourism operations are permitted to operate in the Planning Area. The Plan lists the types of tourism operations for which relevant permissions are granted. This approach requires clear definition of particular types of tourism operations (see clause 1.44), and has been adopted because tourism operations are more numerous, and cumulative in effect, than other uses in the Planning Area.

 (3) Generally, tourism operations involving aircraft or vessels are either standard tour operations or regional tour operations depending on the approved level of access to the Planning Area (see clause 1.44).

 (4) Increased levels of access are available if operating to a permitted mooring or pontoon in a Location, except where a pontoon or mooring is in a Group A Sensitive Location (see subclause 2.9 (3)).

Note   Group A Sensitive Locations are listed in Schedule 5.

 (5) Certain tourism operations have met specific criteria and are permitted to have access above the limits set out in Part 2. The level of access was determined by taking into account the levels of use of the Planning Area prior to the commencement of the Plan in 1998, and permission for the access was given on the basis of the specified criteria (which can be viewed in earlier versions of the Plan) being met.

Note   Earlier versions of this Plan can be found on the ComLaw website at http://www.comlaw.gov.au.

 (6) The level of access provided by a relevant permission is subject to assessment and the decision of the Authority in accordance with the Regulations.

1.44 Types of tourism operations — access rights and operational requirements

Interpretation

 (1) This clause is subject to a contrary intention in the Plan.

 (2) The limits on the access rights for a person conducting a tourism operation are set out in Part 2. However, the person's relevant permission may increase or decrease those limits (see, for example, subclauses 2.9 (5), 2.10 (3) and 2.11 (6)).

Categories of tourism operations