Document ID: chunk:federal_register_of_legislation:F2018C00019:reg:11:p11
Version: federal_register_of_legislation:F2018C00019
Segment Type: reg
Provision Reference: reg 11 (pt 11/19)
Character Range: 111058–113866

tourism operations in the Planning Area, particularly those that involve anchoring or alighting, relies fundamentally on the limits set by this Plan. Consequently, any attempts to circumvent the limits set by the Plan by, for example, conducting one tourism operation using multiple permissions, will undermine the Plan.
 (2) The Authority will manage permissions and bookings to ensure permission replication or permit splitting does not circumvent the intention of the Plan. The actions needed to address this issue include, but are not limited to:
 (a) requiring, when granting a permission for a tourism operation, that all relevant permissions for that tourism operation in the Planning Area are surrendered, have been revoked or have expired; and
 (b) requiring that a person will not hold more than one relevant permission for that tourism operation in the Planning Area; and
 (c) requiring that more than one person may be granted a relevant permission for a single tourism operation only if each permission for that operation has been assessed as meeting eligibility criteria referred to in earlier versions of this Plan.
Note: Earlier versions of this Plan can be found on the Federal Register of Legislation website at www.legislation.gov.au.
 (3) Certain tourism operations will not be allowed to operate in the Planning Area on more than 50 days each year.
 (4) The Authority will identify an individual tourism operation on the basis of the primary vessel or aircraft that is used for the operation. The operation of a vessel or aircraft across multiple permissions is not a legitimate basis for exceeding the limit (eg. a limit of 50 days access each year to the Planning Area) that is intended to apply to the tourism operation. The Authority will manage the permit and booking systems to ensure that the intended limits are not undermined.

1.41  Conversion between bareboat and crewed vessel (regional tour operation) operations
 (1) The bareboat and crewed vessel fleet are intensive users of the Planning Area. The activities of the fleet are managed to maintain sustainable use of the Planning Area and a range of opportunities for all users.
 (2) The Plan caps the number of crewed vessels (regional tour operations) and the number of bareboats operating in the Planning Area. The Authority intends that the total number of crewed vessels (regional tour operations) and bareboats will not be increased. However, the number of bareboats may be increased by up to 10, provided that there is an equal reduction in the number of crewed vessels (regional tour operations) and vice versa.
 (3) Unless consistent with the circumstances mentioned in subclause (2), the Authority must not convert a relevant permission that has been granted for the purpose of conducting a tourism operation to a