88IOnly entitled person may apply for special permission

88I Only entitled person may apply for special permission

(1) Despite subregulation 88A(1) and subject to regulation 88H, a person may apply for a special permission only if the person is, under this Division, declared to be an entitled person for the permission. (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management, and either: (a) has not been granted previously; or (b) if granted previously—will not be in force at the time the entitled person is granted the applied‑for permission under regulation 88X.

Note 1: A permission might no longer be in force because it has expired, has been surrendered or has been revoked.

Note 2: The process of seeking expressions of interest must occur before the granting of the special permission. See regulation 88J.