(1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming - with - whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.
(2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.