6MAccreditation of TUMRAs

6M Accreditation of TUMRAs

 (1) The Authority must not consider an application for accreditation of a TUMRA unless a relevant representative Aboriginal/Torres Strait Islander body has confirmed in writing that each member of the traditional owner group in whose name the application is made is a traditional owner.

 (2) In considering an application for accreditation of a TUMRA, the Authority must have regard to the following:

 (a) the terms of the TUMRA;

 (b) the objectives of the zone or zones in which the proposed traditional use of marine resources is proposed to be undertaken;

 (c) the likely effect of accreditation of the TUMRA on future options for the Marine Park;

 (d) the nature and scale of the proposed traditional use of marine resources;

 (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;

 (f) any other requirements for ensuring the orderly and proper management of the Marine Park;

 (g) the need to protect the cultural and heritage values held in relation to the Marine Park by traditional owners and other people;

 (h) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas;

 (i) any existing agreements or arrangements between the Authority and those traditional owners;

 (j) any legislation or government policy that applies to the proposed traditional use of marine resources;

 (k) any other relevant matters, including the provision of authorities under these Regulations and any action necessary to avoid, remedy or mitigate unacceptable environmental impact.

Note for paragraph (2) (e)   For what species are protected species, see regulation 8U.

 (3) If an application for accreditation of a TUMRA has been made and the applicants have complied with any requirement or request made by the Authority in relation to the application, the Authority must grant, or refuse to grant, accreditation of the TUMRA.

 (4) If the Authority grants accreditation of the TUMRA, the Authority must also decide:

 (a) when the accredited TUMRA is to come into effect; and

 (b) when it is to cease to have effect.

 (5) If the Authority’s decision is to grant accreditation of a TUMRA, the Authority must give the holders:

 (a) a copy of the accredited TUMRA; and

 (b) a written statement of when the accredited TUMRA: