Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p97
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 277712–280785

of operations. In 2002 the Board introduced a cap on commercial scuba diving permits to restrict the number of dive operators using moorings near Bowen Island. Currently commercial tour operators do not contribute to the costs of maintaining these moorings (see also Section 9.2, Access and Roads).

During the life of the first plan permits were issued on an annual basis. There have been requests from commercial tour operators to allow for multi-year permits. This is seen as providing commercial certainty and as a more efficient way of managing the commercial permit system.

During the life of the first plan one commercial tour permit was sought and issued to a traditional owner. The EPBC Regulations generally provide for exemption from permit fees for such activities. Opportunities for more commercial tours will grow as the traditional owners seek further engagement in tourism enterprises.

Under ss.354 and 354A of the EPBC Act commercial activities are prohibited in the park except in accordance with this plan. The EPBC Regulations also prohibit commercial activities but operate subject to the EPBC Act and this plan. Commercial tours in the park's marine areas must also comply with the Control of Naval Waters Act 1918.

Issues
    * Commercial tour activities need to benefit the traditional owners, promote the values of the park and operate in an environmentally sustainable manner.

    * Traditional owners are interested in opportunities to conduct or participate in commercial tour activities.

Prescriptions

Policies

    7.9.1        Commercial tour operations may be undertaken in the park in accordance with a permit issued by the Director provided they:

       (a)     promote understanding and appreciation of the park's natural and cultural heritage

       (b)     are consistent with the zoning scheme of this plan

       (c)      are consistent with the conservation values and reserve management principles applicable to the park

       (d)     benefit the Wreck Bay Aboriginal Community.

    7.9.2        Proposed commercial tour activities will be referred to the Board for consideration and possible approval and will be subject to environmental assessment as outlined in Section 9.8, How proposals will be evaluated, which will take into account whether the activity is allowed elsewhere in the region.

    7.9.3        The Director, with the advice of the Board, may set limits on the type and level of commercial tour activities in the park after considering:

       (a)     their actual or likely impact on the park environment and visitor enjoyment of the park

       (b)     opportunities for traditional owners

       (c)      commercial carrying capacity.

    7.9.4        Applications by the Council for permits for commercial tour activities will be approved if the proposals are in accordance with the criteria for approval of commercial tour activities established in 7.9.1.

    7.9.5        Applications for permits for commercial tour activities other than from the Council (including applications from