12QPermission requirements to be observed

12Q Permission requirements to be observed

 (1) A permission granted under regulation 14H or 45, or a TUMRA accredited under regulation 6M, is declared to be a permission to which section 38B of the Act applies.

 (2) For subsection 38B (2) of the Act, the following circumstances are prescribed:

 (a) in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which the Plan comes into operation:

 (i) the person engaged in conduct of the same kind, in that area, before the Plan came into operation; and

 (ii) permission was not required for that conduct in that area before the Plan came into operation; and

 (iii) that conduct does not involve fishing or collecting in that area that would otherwise require permission after the Plan comes into operation;

 (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which an amendment of the Plan comes into operation:

 (i) the person engaged in conduct of the same kind, in the same area, before the amendment came into operation; and

 (ii) permission was not required for that conduct before the amendment came into operation; and

 (iii) that conduct does not involve fishing or collecting in that area that would otherwise require permission after the amendment comes into operation;

 (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan after the end of a period mentioned in paragraph (a) or (b):

 (i) the person engaged in conduct of the same kind, in that area, before the beginning of that period; and

 (ii) permission was not required for that conduct before the beginning of that period; and

 (iii) the person applied for permission to engage in the conduct during that period; and

 (iv) the person applied for the permission in accordance with these Regulations; and

 (v) the person complies with any requirement or request made by the Authority under the Act, these Regulations or the Plan in relation to the application; and

 (vi) the permission has not been granted or refused, and the application has not been withdrawn or lapsed.

 (3) A permission granted under regulation 14H is declared to be a permission to which paragraphs 38CB (1) (c), 38MA (1) (d) and 38MA (3) (c) of the Act apply.