117KExemption regarding application of this Part

#### 117K Exemption regarding application of this Part (1) Subject to subregulation (1A), if a person holds a permission: (a) to undertake research in relation to cetaceans; or (b) to undertake photography, filming or sound recording of cetaceans; or (c) to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity; or (d) to operate a vessel (other than a prohibited vessel) or aircraft in the Marine Park; the Authority may, on application under regulation 117L, give a written exemption from any or all of the provisions of this Part to: (e) the person; or (f) in the case of a person who holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity—the person and any tourist undertaking the tourist program. (1A) An exemption may not be given: (a) from regulation 117B; or (b) to the holder of a permission, or to a tourist, mentioned in paragraph (1)(f) in relation to a whale protection area. (2) The exemption may provide that it only applies in the circumstances and subject to the conditions set out in the exemption. (3) The Authority may, by written notice to the holder of the exemption, vary, add or reduce the conditions attaching to an exemption. (4) The Authority may give an exemption under paragraph (1)(d) only in order to allow use of a vessel or aircraft in support of activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c). (5) If an exemption is issued to the holder of a permission to operate a vessel or aircraft in support of activities mentioned in paragraph (1)(a), (b) or (c), the exemption is only of effect while the vessel or aircraft is operating in support of those activities in the Marine Park. (6) An exemption given under this regulation: (a) does not continue in force when the permission to which it relates is not in force; and (b) is in force only for the period specified in the exemption; and (c) if applying to a tourist (see paragraph (1)(f)), only applies to the tourist while the tourist is participating in the tourist program. (7) In this regulation, holder of an exemption means a person who: (a) holds a permission; and (b) is granted an exemption under subregulation (1).