Document ID: chunk:federal_register_of_legislation:F2008C00685:reg:4:p19
Version: federal_register_of_legislation:F2008C00685
Segment Type: reg
Provision Reference: reg 4 (pt 19/32)
Character Range: 91155–93703

essential to the continued safe and effective operation of a vessel or aircraft being serviced; and
 (d) is not used to transport a person for the purpose of tourism.

2.12B Ships' tenders

 (1) A person may operate a ship's tender at Low Island Locality or Green Island Reef Locality 1, 2 or 3 only to transfer passengers by the most direct reasonable route between the ship and:
 (a) a place outside the Planning Area; or
 (b) a tourist facility or a vessel within, or partly within, the Planning Area.

 (2) The person must ensure that, on the route, the ship's tender does not stop except:
 (a) to pick up passengers; or
 (b) for passengers to disembark at their destination; or
 (c) in the case of an emergency.

Division 4 Restrictions on activities in the Planning Area

2.14 Damaging coral

 (1) A person must not damage coral.

 (2) However, subclause (1) does not apply to a person who:
 (a) takes coral in accordance with a relevant permission that the person holds; or
 (ab) is acting in accordance with an accredited coral harvest fishery; or
 (b) damages coral while anchoring, if the person:
 (i) takes reasonable care to avoid damaging the coral; and
 (ii) uses an anchor of the kind called a reef pick; and
 (iii) is anchoring in a Reef Anchorage; or
 (c) in the case of a person responsible for anchoring a large vessel, damages coral by anchoring but:
 (i) takes reasonable care to avoid damaging the coral; and
 (ii) anchors in accordance with the approved anchoring strategy of that vessel for that Location.

Note   The Reef Anchorages are set out in Schedule 8.

2.15 Hovercraft and motorised water sports

 (1) A person must not operate a hovercraft in a Location mentioned in Schedule 4 (other than Lizard Island Locality 2).

 (2) A person must not operate or take part in a motorised water sport in a Location mentioned in Schedule 4.

2.17 Restrictions on activities in Low Island Locality

 (1) A person must not operate a vessel or aircraft under power in the Low Island Locality at a speed greater than 6 knots.

 (2) A person must not be in an area above low water on Low Island after sunset and before sunrise on any day unless the person is in the area at the time:
 (a) in accordance with Part 5 of the Zoning Plan; or
 (b) to conduct an educational program or to conduct research, in accordance with a relevant permission, or an accreditation.

 (3) In spite of paragraph 38J (4) (b) of the Act and Part 3A of the Regulations, a person must not discharge sewage, fresh fish or parts of fresh fish in the Low