(1) If a person has applied for a relevant permission and has complied with any requirement or request by the Authority about the application, the Authority must, by notice in writing to the person, grant or refuse the permission.
(2) The Authority may grant the permission subject to a condition or conditions specified in the permission, being:
(a) a condition allowing the giving of authorities and specifying the maximum number of persons to whom authorities may be given; and
(b) a condition indemnifying the Authority against any costs to the Authority that the permission holder’s activities incur; and
(c) a condition appropriate to the attainment of the object of the Act (including a requirement that the person give the Authority a written undertaking in a form approved by the Authority).
(3) The Authority may impose a condition on the permission, or vary an existing condition, at any time:
(a) in circumstances other than those to which subregulation 55 (1) or (2) or 56 (1) applies; and
(b) if the permission holder consents in writing;
to ensure that the conditions of the permission remain appropriate to the attainment of the object of the Act.
(4) A relevant permission remains in force for the period specified in the permission unless it is sooner surrendered or revoked.
14I Permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area
For subparagraph 2.3.4 (a) (iii) of the Zoning Plan, the following requirements are prescribed in relation to a relevant permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:
(a) such a relevant permission must not be granted unless the applicant:
(i) demonstrates, by producing logbook records and receipts for broodstock from an aquaculture facility, that the applicant has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and
(ii) holds a current general fisheries licence (T1 endorsement) under the Fisheries Act 1994 of Queensland; and
(iii) demonstrates compliance with the requirements of the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland relating to turtle excluder devices and bycatch reduction devices; and
(iv) demonstrates compliance with the requirements of that Plan relating to the maintenance and use of vessel monitoring systems; and
(v) holds a purchase order for leader prawn broodstock from a licensed Australian aquaculture facility;
(b) such a relevant permission must not be granted if doing so would result in there being more than 5 such relevant permissions in force at any one time.
[9] Part 4, heading
omit
[10] Part 4, Division 1
omit
[11] Part 4, Division 2
renumber as Division 3.4
[12] Part 4, Division 3
renumber as Division 3.5
[13] Part 4A
omit
[14] Division 5.2
omit
[15] Regulation 38
omit
[16] Regulations 40, 40A and 41
omit
[17] After paragraph 41A (2) (a)
(aa) the person has a hearing impairment and the animal is the person’s guide dog or hearing dog; or
[18] Regulation 45B
omit
[19] After subregulation 49 (3)
(4) Subregulation (2) applies to an application for accreditation of a TUMRA as if references in that subregulation to a permission were references to the accreditation of the TUMRA.
[20] After subregulation 50 (3)
(4) Subregulations (1) and (2) apply to an accredited TUMRA as if references in those subregulations to a permission were references to the TUMRA.
[21] Subregulation 51 (1)
omit
subregulation 12 (2), 21 (2), 32F (2),
regulation 14G, subregulation
[22] Subregulation 51 (3)
(3) In this regulation:
prescribed permission means:
(a) a permission granted under subregulation 14H (1), 37 (1) or 45 (1); and
(b) an accredited TUMRA.
[23] Paragraphs 52 (6) (a), (b) and (ba)
(a) regulation 14H; or
[24] Before subregulation 55 (1)
(1A) In this regulation:
grant includes approval of a transfer of a permission under regulation 52.
[25] Subregulation 55 (1)
omit
[26] Paragraph 55 (2) (a)
omit
[27] Subregulation 55 (9)
(9) Subject to subregulations (10), (11) and (12), subregulations (1), (2), (3), (4), (5) and (6) apply to an accredited TUMRA as if:
(a) references in those subregulations to a permission were references to an accredited TUMRA; and
(10) In the application of subregulation (1) to a matter covered by an accredited TUMRA, paragraph (1) (a) is taken to be omitted and the following paragraph substituted:
‘(a) a person authorised by or under the TUMRA to undertake a traditional use of marine resources has not complied with a condition of the TUMRA or a condition of its accreditation; and’.
(11) In the application of subregulation (3) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.
(12) For the application of subregulation (3) in relation to an accredited TUMRA, it is sufficient service if the written notice referred to in that subregulation is served on the person whose name and address is specified in the TUMRA for paragraph 6J (3) (c).
[28] Paragraph 56 (1) (a)
omit
[29] After subregulation 56 (7)
(8) Subject to subregulations (9), (10) and (11), paragraph (1) (a) and subregulations (2), (3), (4) and (5) apply to an accredited TUMRA as if:
(a) references in that paragraph or those subregulations to a permission were references to an accredited TUMRA; and
(9) In the application of paragraph (1) (a) and subregulation (5) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to a person authorised by or under the TUMRA to undertake a traditional use of marine resources.
(10) In the application of subregulation (2) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.
(11) For the application of subregulation (2) in relation to an accredited TUMRA, it is sufficient if the Authority notifies the person whose name and address is specified in the TUMRA for paragraph 6J (3) (c).
[30] Paragraph 58 (2) (a)
omit
[31] Paragraph 58 (3) (a)
omit
[32] After subregulation 58 (8)
(9) Subject to subregulations (10), (11) and (12), subregulations (1), (2), (3) and (6) apply to an accredited TUMRA as if:
(a) references in those subregulations to a permission were references to an accredited TUMRA; and
(10) In the application of subregulations (1) and (2) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to a person authorised by or under the TUMRA to undertake a traditional use of marine resources.
(11) In the application of subregulation (6) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.
(12) For the application of subregulation (6) in relation to an accredited TUMRA, it is sufficient if the written notification referred to in that subregulation is served on the person whose name and address is specified in the TUMRA for paragraph 6J (3) (c).
[33] Paragraph 59 (1) (c)
omit
[34] After subregulation 59 (3)
(4) Subject to subregulation (5), subregulation (1) applies to an accredited TUMRA as if:
(a) a reference in that subregulation to a permission were a reference to an accredited TUMRA; and
(b) a reference to a condition of a permission included:
(5) In the application of subregulation (1) to a matter covered by an accredited TUMRA, a reference to the holder of a permission is taken to be a reference to a person authorised by or under the TUMRA to undertake traditional use of marine resources.
[35] Paragraph 59A (4) (a)
(a) permission includes:
(i) an approval, authorisation, authority, exemption, licence, permit or other permission (however described and whether in force or not) relating to the Marine Park; and
(ii) an accredited TUMRA; and
[36] After subregulation 61 (2)
(3) The Authority must not grant accreditation of a TUMRA unless the Authority has made an assessment, or had an assessment made, of the impact that the relevant traditional use of marine resources is likely to have on the Marine Park and the Great Barrier Reef.