sec.11Other matters to which chief executive may have regard

### sec.11 Other matters to which chief executive may have regard In considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following— the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park; the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct; any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ; if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project; if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— whether the approval or permission has been granted and, if so, its terms; or whether the approval or permission is likely to be granted and, if granted, its likely terms; any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard; any relevant law of the State or of the Commonwealth, or a relevant instrument; any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ; whether the applicant for the permission is a suitable person to hold the permission, having regard to— the applicant’s history in relation to environment matters; and if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and whether the applicant owes any amount payable under the Act ; the likely cumulative effect of the applicant’s proposed use and other uses on a marine park; any other matters relevant to achieving the purpose of the Act . In this section— relevant instrument , for a marine park or a part of a marine park, means— a management plan applying to the marine park or part; or a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or any other instrument made under an Act that the chief executive considers is relevant. an instrument about the management of the environment (sec.11-ssec.1) In considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following— the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park; the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct; any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ; if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project; if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— whether the approval or permission has been granted and, if so, its terms; or whether the approval or permission is likely to be granted and, if granted, its likely terms; any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard; any relevant law of the State or of the Commonwealth, or a relevant instrument; any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ; whether the applicant for the permission is a suitable person to hold the permission, having regard to— the applicant’s history in relation to environment matters; and if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and whether the applicant owes any amount payable under the Act ; the likely cumulative effect of the applicant’s proposed use and other uses on a marine park; any other matters relevant to achieving the purpose of the Act . (sec.11-ssec.2) In this section— relevant instrument , for a marine park or a part of a marine park, means— a management plan applying to the marine park or part; or a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or any other instrument made under an Act that the chief executive considers is relevant. an instrument about the management of the environment - (a) the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park; - (b) the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct; - (c) any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ; - (d) if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project; - (e) if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— (i) whether the approval or permission has been granted and, if so, its terms; or (ii) whether the approval or permission is likely to be granted and, if granted, its likely terms; - (i) whether the approval or permission has been granted and, if so, its terms; or - (ii) whether the approval or permission is likely to be granted and, if granted, its likely terms; - (f) any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard; - (g) any relevant law of the State or of the Commonwealth, or a relevant instrument; - (h) any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ; - (i) whether the applicant for the permission is a suitable person to hold the permission, having regard to— (i) the applicant’s history in relation to environment matters; and (ii) if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and (iii) if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and (iv) whether the applicant owes any amount payable under the Act ; - (i) the applicant’s history in relation to environment matters; and - (ii) if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and - (iii) if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and - (iv) whether the applicant owes any amount payable under the Act ; - (j) the likely cumulative effect of the applicant’s proposed use and other uses on a marine park; - (k) any other matters relevant to achieving the purpose of the Act . - (i) whether the approval or permission has been granted and, if so, its terms; or - (ii) whether the approval or permission is likely to be granted and, if granted, its likely terms; - (i) the applicant’s history in relation to environment matters; and - (ii) if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and - (iii) if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and - (iv) whether the applicant owes any amount payable under the Act ; - (a) a management plan applying to the marine park or part; or - (b) a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or - (c) a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or - (d) a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or - (e) a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or - (f) any other instrument made under an Act that the chief executive considers is relevant. Example of an instrument for paragraph (f) — an instrument about the management of the environment