83GNotice of proposal to make limited permit area determination

83G Notice of proposal to make limited permit area determination (1) Before making a limited permit area determination, the Secretary must give notice that the Secretary proposes to make the determination. (2) A notice under subsection (1) must— (a) set out the proposed determination; and (b) be published— (i) in the Government Gazette; and (ii) in a newspaper circulating generally throughout the State— at least 4 weeks before the making of the determination; and (c) set out the time within which written submissions on the proposed determination must be made to the Secretary, which must be not less than 4 weeks before the making of the determination. S. 83GA inserted by No. 45/2008 s. 27. 83GA Submissions on proposal to make limited permit area determination (1) Any person who is likely to be affected by the making of a limited permit area determination may make written submissions to the Secretary on the proposal to make the determination. (2) Submissions made under subsection (1) must be made within the time fixed for making submissions under section 83G. (3) In addition to any submission made under subsection (1), the Secretary may have regard to (but is not required to have regard to) a submission made by any other person on the proposal to make the determination that is made within the time fixed for the making of submissions under section 83G. S. 83GB inserted by No. 45/2008 s. 27. 83GB Amendment or revocation of limited permit area determination (1) The Secretary may amend or revoke a limited permit area determination in the same manner as that in which it is made. (2) If the Secretary amends or revokes a limited permit area determination, any permit under this Division in force in the area to which the amendment or revocation applies, being a permit that is in force immediately before that amendment or revocation, continues in force despite that amendment or revocation— (a) as such a permit under this Division until its expiry, unless sooner revoked; and (b) on the same terms and conditions as those applying to it immediately before the amendment or revocation. S. 83GC inserted by No. 45/2008 s. 27. 83GC Permits in limited permit areas to be granted on determination of Secretary (1) Where a limited permit area determination has been made for an area determining a maximum number of whale watching tour permits or whale swim tour permits that may be in force in the area, the Secretary may, on or after the making of the determination, determine— (a) that a number of such permits are available to be applied for for the area; and (b) that applications are to be invited for the permits. (2) The Secretary must not determine such a number of permits under subsection (1)(a) as would cause the maximum number of such permits that may be in force in the area to be exceeded. (3) The Secretary must give notice of a determination under subsection (1) inviting applications for the permits that are to be granted. (4) A notice under subsection (3) must be published in the Government Gazette and in a newspaper circulating generally in the area to which the determination relates. (5) A notice under subsection (3) may— (a) specify whether the fee to be paid for any permit to which the determination applies is to be determined by tender or is to be a prescribed fee; and (b) specify the number of permits that are available to be applied for; and (c) specify the maximum number of the permits that the Secretary has determined may be in force for the area, as specified in the limited permit area determination under section 83F(2); and (d) specify the maximum number of trips that may be conducted each day under each permit and any other relevant matters in relation to the carrying out of activities under each permit; and (e) specify the procedures to be followed and the information that must be given in making an application for a permit; and (f) specify the date by which applications for such permits must be lodged with the Secretary; and (g) specify the criteria which will be used to assess applications for permits; and (h) specify whether or not the holders of existing permits in the area may apply for permits specified in the notice. S. 83GD inserted by No. 45/2008 s. 27. 83GD Applications for permits An application for a permit under this Division must— (a) be made to the Secretary; and (b) be in writing (accompanied by the information required by the Secretary); and (c) where the case so requires, be made in accordance with a determination and notice under section 83GC. S. 83GE inserted by No. 45/2008 s. 27. 83GE Fees for permits (1) The fee payable for a permit under this Division is the prescribed fee for the permit or the fee determined by tender for the permit in accordance with the notice under section 83GC (as the case requires). (2) A permit under this Division does not come into force until the fee payable for the permit has been paid. S. 83GF inserted by No. 45/2008 s. 27. 83GF Period of permit A permit under this Division remains in force for the period determined by the Secretary and specified in the permit, which must not be more than 10 years. S. 83GG inserted by No. 45/2008 s. 27. 83GG Renewal of permit (1) The Secretary may renew a permit under this Division that is not for a limited permit area, on application from the holder of the permit. (2) The Secretary may refuse to renew a permit under subsection (1) if the Secretary is satisfied that— (a) the holder has been found guilty of an offence against this Act or regulations under this Act; or (b) the holder has failed to comply with this Act or regulations under this Act or the conditions of the permit; or (c) the holder has been convicted of an offence against a law of the Commonwealth or of a State or a Territory of the Commonwealth relating to fauna, to the preservation, conservation and protection of whales or to the living natural resources of the continental shelf of Australia; or (d) for any other reason it is not suitable for the permit to be renewed. S. 83H (Heading) substituted by No. 45/2008 s. 29. S. 83H inserted by No. 3/2002 s. 18.