88GInterpretation

88G Interpretation

(1) In this Division:

heli‑pontoon means a non‑motorised, permanently moored facility that is used solely as a landing area for helicopters.

special permission has the meaning given by subregulations (2), (3), (4) and (6).

(2) A special tourism permission is a special permission. (3) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission. (4) A permission to operate a mooring facility that meets the criteria in subregulation (5) is a special permission. (5) For subregulation (4), the criteria are that the mooring facility: (a) is in a Location listed in Schedule 6 to the Cairns Area Plan of Management 1998; or (b) is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008; or (c) is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004; or (d) is of a kind mentioned in subclause 1.37(1) of the Cairns Area Plan of Management 1998; but is not a mooring facility: (e) of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or (f) of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or (g) of a kind referred to in subclause 1.29(1) or 2.22(2) of the Hinchinbrook Plan of Management 2004. (6) A permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998 is a special permission.