88SLimitations on granting permissions to take protected species

#### 88S Limitations on granting permissions to take protected species (1) If conduct that is the subject of an application for a permission relates to, or involves, the taking of a protected species, the Authority must not issue a permission for the conduct unless it is satisfied that: (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and (b) 1 or more of the following apply: (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is permitted by or under the Environment Protection and Biodiversity Conservation Act 1999; (ii) the conduct is of particular significance to the traditions of traditional owners and will not adversely affect the survival or recovery in nature of the protected species; (iii) the conduct will contribute to the conservation of the protected species; (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species. (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or swimming with whales, the Authority must also consider whether the conduct will adversely affect a cetacean or the conservation status of a species of cetacean or a population of a species of cetacean. (3) The matters mentioned in subregulations (1) and (2) are additional to the matters that the Authority must consider under regulation 88Q.