88ZZPrescribed circumstances

88ZZ Prescribed circumstances

For subsection 38BA(5) of the Act, the following circumstances are prescribed: (a) in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which the Plan comes into operation: (i) the person engaged in conduct of the same kind, in that area, before the Plan came into operation; and (ii) permission was not required for that conduct in that area before the Plan came into operation; and (iii) that conduct does not involve fishing or collecting in that area that would otherwise require permission after the Plan comes into operation; (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which an amendment of the Plan comes into operation: (i) the person engaged in conduct of the same kind, in the same area, before the amendment came into operation; and (ii) permission was not required for that conduct before the amendment came into operation; and (iii) that conduct does not involve fishing or collecting in that area that would otherwise require permission after the amendment comes into operation; (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan after the end of a period mentioned in paragraph (a) or (b): (i) the person engaged in conduct of the same kind, in that area, before the beginning of that period; and (ii) permission was not required for that conduct before the beginning of that period; and (iii) the person applied for permission to engage in the conduct during that period; and (iv) the person applied for the permission in accordance with these Regulations; and (v) the person complies with any requirement or request made by the Authority under the Act, these Regulations or the Plan in relation to the application; and (vi) the permission has not been granted or refused, and the application has not been withdrawn or lapsed.