Document ID: chunk:federal_register_of_legislation:F2018C00019:reg:11:p15
Version: federal_register_of_legislation:F2018C00019
Segment Type: reg
Provision Reference: reg 11 (pt 15/19)
Character Range: 121250–123716

and
(b) was granted after the Authority assessed the application against certain eligibility criteria.

2.3B  Permissions for conduct with no or low adverse impact on values of Planning Area
 (1) This Plan does not prevent the Authority from granting a relevant permission that is applied for on or after 1 January 2018 if:
 (a) in dealing under the Regulations with the application, the Authority has assessed the risks of the conduct proposed to be permitted and is satisfied that the conduct:
 (i) is not likely to have an adverse impact on any of the values of the Planning Area; or
 (ii) is likely to have only a low adverse impact on any of those values; and
 (b) the conduct permitted by the permission accords with the intent of this Plan, and objects, mentioned in clause 1.3.
Note: This clause does not limit the Authority's discretion under the Regulations to refuse to grant the permission.
 (2) This clause has effect despite any other provision of this Plan.

Division 2—General restrictions on the operation of vessels and aircraft

2.4  Vessels not to be operated in certain setting areas
 (1) A person must not operate a large ship in a setting area.
Note 1: Setting areas are set out in Schedule 2.
Note 2: Large ship is defined in Schedule 9.
 (2) Subject to subclause (3), a person must not operate a vessel that has an overall length of more than 35 metres in a setting 2 (high use) area.
 (3) A person may operate a vessel that has an overall length that is less than 70 metres in the part of the area described in clause 13 of Schedule 2 that is Hardy Reef if the vessel is operating to a mooring or pontoon.
 (4) A person must not operate, in a setting 3 (moderate use) area, a vessel that:
 (a) is more than 35 metres in overall length; or
 (b) is carrying more than 40 people.
 (5) A person must not operate, in a setting 4 (low use) area, a vessel that:
 (a) is more than 35 metres in overall length; or
 (b) is carrying more than 15 people.
 (6) A person must not operate, in a setting 5 (protected) area, a vessel:
 (a) that has an overall length of more than 20 metres; or
 (b) carrying more than 15 people.
 (7) Subclauses (1) to (6) do not prevent a person from:
 (a) operating a vessel other than a ship to transit a setting area in which the person would be prohibited from operating the vessel apart from this paragraph; or
 (b) operating a large ship to transit to or from a designated anchorage; or
 (c) anchoring a large ship or