sec.18Restriction on grant of permission for commercial whale watching program

### sec.18 Restriction on grant of permission for commercial whale watching program The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Great Sandy Marine Park only if there are fewer than 20 current authorities applying for the marine park. The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Moreton Bay Marine Park only if there are fewer than 3 current authorities applying for the marine park. However, the chief executive can not grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park unless— the applicant for the permission is— the registered native title body corporate for the area or a part of the area; or a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. Also, the chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park if— there are 3 current authorities applying for the marine park; and the applicant for the permission is— the holder of 1 of the current authorities; and a person mentioned in section 18 (3) (a) ; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. In this section— current authority means— a permission in force under the Act ; or an authorisation under a commercial activity agreement. Point Lookout area , within the Moreton Bay Marine Park, means the area bounded by a line starting at the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º18.000' south (at about the point of 27º18.000' south, 153º25.484' east) then running progressively— east along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and generally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and west along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and generally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and northerly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and generally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point. The latitudes and longitudes mentioned in this section are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. registered native title body corporate see the Native Title Act 1993 (Cwlth) , section 253 . traditional owner , for an area of the Moreton Bay Marine Park, see the Marine Parks (Moreton Bay) Zoning Plan 2019 , schedule 5 . s 18 amd 2018 SL No. 109 s 3 ; 2019 SL No. 176 s 8 (sec.18-ssec.1) The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Great Sandy Marine Park only if there are fewer than 20 current authorities applying for the marine park. (sec.18-ssec.2) The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Moreton Bay Marine Park only if there are fewer than 3 current authorities applying for the marine park. (sec.18-ssec.3) However, the chief executive can not grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park unless— the applicant for the permission is— the registered native title body corporate for the area or a part of the area; or a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. (sec.18-ssec.4) Also, the chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park if— there are 3 current authorities applying for the marine park; and the applicant for the permission is— the holder of 1 of the current authorities; and a person mentioned in section 18 (3) (a) ; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. (sec.18-ssec.5) In this section— current authority means— a permission in force under the Act ; or an authorisation under a commercial activity agreement. Point Lookout area , within the Moreton Bay Marine Park, means the area bounded by a line starting at the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º18.000' south (at about the point of 27º18.000' south, 153º25.484' east) then running progressively— east along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and generally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and west along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and generally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and northerly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and generally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point. The latitudes and longitudes mentioned in this section are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. registered native title body corporate see the Native Title Act 1993 (Cwlth) , section 253 . traditional owner , for an area of the Moreton Bay Marine Park, see the Marine Parks (Moreton Bay) Zoning Plan 2019 , schedule 5 . - (a) the applicant for the permission is— (i) the registered native title body corporate for the area or a part of the area; or (ii) a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or (iii) a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and - (i) the registered native title body corporate for the area or a part of the area; or - (ii) a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or - (iii) a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and - (b) there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. - (i) the registered native title body corporate for the area or a part of the area; or - (ii) a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or - (iii) a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and - (a) there are 3 current authorities applying for the marine park; and - (b) the applicant for the permission is— (i) the holder of 1 of the current authorities; and (ii) a person mentioned in section 18 (3) (a) ; and - (i) the holder of 1 of the current authorities; and - (ii) a person mentioned in section 18 (3) (a) ; and - (c) there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. - (i) the holder of 1 of the current authorities; and - (ii) a person mentioned in section 18 (3) (a) ; and - (a) a permission in force under the Act ; or - (b) an authorisation under a commercial activity agreement. - (a) east along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and - (b) generally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and - (c) west along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and - (d) generally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and - (e) northerly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and - (f) generally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point.