83FDetermination of limited permit areas

83F Determination of limited permit areas (1) The Secretary may determine an area to be an area in respect of which there must not be in force at any time more than the specified maximum number of— (a) the specified class of whale watching tour permits; or (b) whale swim tour permits. (2) The Secretary must specify in the determination under subsection (1) the maximum number of the permits that may be in force under that determination. (3) In making a specification under subsection (2) the Secretary must not specify a number of permits that is greater than the number the Secretary reasonably believes is ecologically sustainable for the area and in determining that number must have regard to the best available information as to the effect that the conduct of activities has or is likely to have on individual whales or groups of whales in the area. (4) In making a determination and specification under this section the Secretary must have regard to any submissions made under section 83GA. (5) A determination under subsection (1)— (a) may describe an area by reference to a map, plan or other document; and (b) must be published in the Government Gazette. S. 83G inserted by No. 3/2002 s. 18, substituted by No. 45/2008 s. 27.