88QMandatory considerations in deciding whether to grant permission

#### 88Q Mandatory considerations in deciding whether to grant permission The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission: (a) if the proposed conduct will take place in a zone—the objectives (if any) of the zoning plan for the zone; (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether these Regulations or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision; Note: Some examples of legislative instruments under the Act other than these Regulations are a zoning plan and a plan of management. Some examples of provisions are special management provisions of these Regulations for SMAs (such as regulations 47 and 88V) and regulation 117JB (about protection of whales in whale protection areas). (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to: (i) the applicant’s capacity to engage in and manage the proposed conduct to the satisfaction of the Authority; and (ii) the applicant’s history in relation to environmental matters; and (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and (v) whether the applicant owes any fee or other amount payable under the Act or these Regulations; and (vi) any other relevant matter; (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry; (e) whether there are feasible and prudent alternatives to the proposed conduct; (f) any written comments received under Division 2A.3A in connection with the application; (g) the relevant impacts of the proposed conduct; (h) options for avoiding, mitigating and offsetting those relevant impacts; (i) options for monitoring and managing those relevant impacts; (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that: (i) relates to the management of the environment or to an area in the Marine Park; and (ii) is relevant to the proposed conduct; except so far as that law or plan is covered by paragraph (b); (k) if the proposed conduct also requires an approval or permit under the Environment Protection and Biodiversity Conservation Act 1999: (i) whether the approval or permit has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval or permit; (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct; (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct; (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are: (i) published by the Authority under paragraph 7(4)(a) of the Act; or (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999; (p) any other matters relevant to the proposed conduct and either: (i) achievement of the objects of the Act; or (ii) orderly and proper management of the Marine Park. > Note 1: Some other provisions of these Regulations (such as subregulations 88S(2), 88T(2) and 88V(6)) require consideration of additional matters for applications for particular permissions. > Note 2: This regulation does not apply in relation to an application for a permission to camp on a Commonwealth island (see regulation 88W).