CTHRepealedLegislation
Great Barrier Reef Marine Park Regulations 1983
88AAAuthority must decide whether applications are properly made
Start here
Get a plain-English read of 88AA
Turn the raw legal text into a practical explanation grounded in Great Barrier Reef Marine Park Regulations 1983.
#### 88AA Authority must decide whether applications are properly made
Decision
(1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with regulation 88A.
Notice of decision
(2) The Authority must give notice of its decision to the applicant. If the application was made under paragraph 88A(1)(a) the notice must be in writing.
Decision that application was not made in accordance with regulation 88A
(3) If the Authority decides that the application was not made in accordance with regulation 88A, the Authority must not deal further with the application unless:
(a) the application is a continuation application; and
(b) the matters that caused the application not to be made in accordance with regulation 88A are rectified within 30 business days from the day stated in the notice of the decision.
(4) Notice of a decision that the application was not made in accordance with regulation 88A must:
(a) state the day the notice is prepared; and
(b) state that the application was not made in accordance with regulation 88A; and
(c) indicate generally the matters that caused the application not to be made in accordance with regulation 88A; and
(d) state that:
(i) the Authority will not deal further with the application; or
(ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).
Definition of continuation application
(5) In these Regulations:
> continuation application means an application for a permission for which the following conditions are met:
(a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;
(b) either:
(i) the application was made before the original permission ceased to be in force; or
(ii) the application was made after the original permission ceased to be in force but the Authority decided under subregulation 88H(2) to treat the application for the permission as having been made before the expiry of the original permission.
> Note: Subregulation 88H(2) relates to applications for special permissions.