Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Despite subsection 76(1), a person may apply for a special permission only if:
(a) the person is, under this Subdivision, declared to be an entitled person for the permission; or
(b) the person is covered by subsection (3) in relation to the special permission.
(2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:
(a) has not been granted previously; or
(b) if granted previously--will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.
Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.
Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84) .
Persons not required to be entitled persons
(3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:
(a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period ) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or
(b) the person held a special permission and after the end of the specified period:
(i) the person applied under section 76 to replace the permission with a permission of the same kind; and
(ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or
(c) the permission is transferred to the person under section 123.
(4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.