sec.53Additional matters to be considered under s 52

### sec.53 Additional matters to be considered under s 52 In deciding an application under section 52 , the chief executive must have regard to each of the following— the purpose of this Act; the management intent for the recreation area, and the area’s current draft or approved management plan; conservation of the area’s cultural and natural resources; the amenity of the area and adjacent areas; the size, extent and location of the proposed use in relation to other uses of the area or adjacent areas; the likely cumulative effect of the proposed use and other uses on the area; public health and safety; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the requirements mentioned in section 50 ; if the proposed permit relates to a recreation area situated in an indigenous joint management area—whether the requirements mentioned in section 35A have been satisfied; whether there are any grounds for refusing the application. Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act. For subsection (1) (k) , the following are grounds for refusing the application to the extent the chief executive is satisfied they are relevant to the activities to be carried out under the permit applied for— the applicant has accumulated 10 or more demerit points in the 3 years immediately before the day the application is decided; the applicant is the former holder of a commercial activity permit, the permit was cancelled because the applicant accumulated 10 or more demerit points, and the application is made within 2 years after the permit was cancelled; the applicant has had an equivalent permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made; the applicant has, in the 3 years immediately before the day the application is made, been convicted of— an offence against this Act or the repealed Act; or an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country. s 53 amd 2021 No. 11 s 24 (sec.53-ssec.1) In deciding an application under section 52 , the chief executive must have regard to each of the following— the purpose of this Act; the management intent for the recreation area, and the area’s current draft or approved management plan; conservation of the area’s cultural and natural resources; the amenity of the area and adjacent areas; the size, extent and location of the proposed use in relation to other uses of the area or adjacent areas; the likely cumulative effect of the proposed use and other uses on the area; public health and safety; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the requirements mentioned in section 50 ; if the proposed permit relates to a recreation area situated in an indigenous joint management area—whether the requirements mentioned in section 35A have been satisfied; whether there are any grounds for refusing the application. (sec.53-ssec.2) Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act. (sec.53-ssec.3) For subsection (1) (k) , the following are grounds for refusing the application to the extent the chief executive is satisfied they are relevant to the activities to be carried out under the permit applied for— the applicant has accumulated 10 or more demerit points in the 3 years immediately before the day the application is decided; the applicant is the former holder of a commercial activity permit, the permit was cancelled because the applicant accumulated 10 or more demerit points, and the application is made within 2 years after the permit was cancelled; the applicant has had an equivalent permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made; the applicant has, in the 3 years immediately before the day the application is made, been convicted of— an offence against this Act or the repealed Act; or an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country. - (a) the purpose of this Act; - (b) the management intent for the recreation area, and the area’s current draft or approved management plan; - (c) conservation of the area’s cultural and natural resources; - (d) the amenity of the area and adjacent areas; - (e) the size, extent and location of the proposed use in relation to other uses of the area or adjacent areas; - (f) the likely cumulative effect of the proposed use and other uses on the area; - (g) public health and safety; - (h) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; - (i) the requirements mentioned in section 50 ; - (j) if the proposed permit relates to a recreation area situated in an indigenous joint management area—whether the requirements mentioned in section 35A have been satisfied; - (k) whether there are any grounds for refusing the application. - (a) the applicant has accumulated 10 or more demerit points in the 3 years immediately before the day the application is decided; - (b) the applicant is the former holder of a commercial activity permit, the permit was cancelled because the applicant accumulated 10 or more demerit points, and the application is made within 2 years after the permit was cancelled; - (c) the applicant has had an equivalent permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made; - (d) the applicant has, in the 3 years immediately before the day the application is made, been convicted of— (i) an offence against this Act or the repealed Act; or (ii) an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or (iii) an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or (iv) an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or (v) an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country. - (i) an offence against this Act or the repealed Act; or - (ii) an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or - (iii) an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or - (iv) an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or - (v) an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country. - (i) an offence against this Act or the repealed Act; or - (ii) an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or - (iii) an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or - (iv) an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or - (v) an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country.