128Fees for assessment in respect of application for permission

128 Fees for assessment in respect of application for permission

(1) Subject to regulation 129, there is payable to the Authority, for an assessment of an application under Part 2A for a permission to carry on an activity of a commercial nature in the Marine Park that is an activity listed in column 2 in Table 128, the fee specified for the activity: (a) if paragraph (b) does not apply in relation to the application—in column 3 of Table 128; or (b) if the application: (i) was made by a person who, at the time of the application, held another permission that was in force to carry on the same activity in the same area; and (ii) was for permission to carry on the activity after the other permission ceases to be in force; in column 4 of Table 128. (2) If an activity is referred to in more than 1 item or sub‑item in column 2 of Table 128, the fee payable is the higher or highest of the fees specified for the activity in column 3 or 4 of the table. (2A) However, if: (a) either of the following specifies a fee for the activity: (i) item 4 of Table 128 applying because of paragraph (a), (b) or (c) of the definition of public environment report in subregulation (3); (ii) item 6 of Table 128 applying because of paragraph (a), (b) or (c) of the definition of environmental impact statement in subregulation (4); and (b) an item of Table 128 applying because of a decision of the Authority under regulation 88PB relating to the activity specifies a lower fee for the activity; the fee payable is that lower fee. (3) In items 4 and 7 in Table 128:

public environment report, in relation to an activity, means any of the following kinds of reports about the impact the activity is likely to have on the Marine Park or the Great Barrier Reef:

(a) a public environment report in accordance with Division 5 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999;
(b) a report:
(i) that has been prepared under a law of Queensland for the purposes of an accredited assessment process mentioned in subsection 87(4) of the Environment Protection and Biodiversity Conservation Act 1999; and
(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a report mentioned in paragraph (a);
(c) a report:
(i) that has been prepared for the purposes of a bilateral agreement under Part 5 of the Environment Protection and Biodiversity Conservation Act 1999 between the Commonwealth and Queensland; and
(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a report mentioned in paragraph (a);
(d) a public environment report in accordance with Subdivision 2A.3A.3 of these Regulations.

(4) In items 6 and 7 in Table 128: