Document ID: chunk:federal_register_of_legislation:F2006B00701:front:0:p34
Version: federal_register_of_legislation:F2006B00701
Segment Type: other
Provision Reference: 
Character Range: 99254–101977

Limited exemption for activities under certain older permissions

 (1) This clause applies to a person who holds a relevant permission that:
 (a) was granted before the eligibility process commencement day; and
 (b) permits the person to operate in the Planning Area on more than 50 days per year.

 (2) If clause 2.5, 2.6, 2.9 or 2.18 prevents an activity permitted by the permission, or regulates the activity in a way that is inconsistent with the permission, then, despite the clause, the person may continue the activity in accordance with the permission if, within 3 months after the eligibility process commencement day:
 (a) the person applies to the Authority, in accordance with the Regulations, for an authorisation to continue to carry on the activity in that way; and
 (b) the Authority has not made a decision on the application.

 (3) For subclause (2), the Authority will consider an application received more than 3 months after the eligibility process commencement day if special circumstances warrant it doing so.

Division 3 Wildlife protection

2.12 Certain marine animals not to be taken or interfered with

 (1) In the Planning Area, a person must not take, or interfere with, a dugong or a marine turtle.

Note   taking, for animals, plants and marine products, includes removing, gathering, catching, capturing, killing, destroying, dredging for, raising, carrying away, bringing ashore, interfering with or obtaining by any means, or attempting to carry out any of these acts: see the Zoning Plan.

 (2) Subclause (1) does not apply to a person who takes a dugong or marine turtle:
 (a) in the course of a lawful activity that was not directed towards the taking; and
 (b) in circumstances in which the taking could not have been reasonably avoided.

2.13 Missionary Bay Location

  A person must not operate a vessel of more than 20 metres in length in the Missionary Bay Location.

Note 1   The size restriction set out in this clause is to minimise disturbance to dugong: see clause 1.18.

Note 2   Vessels over 20 metres in length may use the transit lane.

2.14 Activities near significant bird sites

 (1) A person must not operate a vessel at more than 6 knots within:
 (a) 100 metres of the Mound (Purtaboi) Island bird site; or
 (b) 200 metres of any other significant bird site;
during the restriction period mentioned in Schedule 5 for the site.

 (2) A person must not operate an aircraft below 1 500 feet (above ground or water) to approach within 1 000 metres lateral distance of a significant bird site during the restriction period mentioned in Schedule 5 for that site.

2.15 Coral and other marine species or environments

 (1) A person must not damage coral.

 (2) However,