(1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:
(a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999 ; and
(b) one or more of the following apply:
(i) to the extent that the conduct relates to an area or areas outside the Marine Park--the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999 ;
(ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;
(iii) the conduct will contribute to the conservation of the protected species;
(iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.
(2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming-with-whales activity, the Authority must also consider whether the conduct will adversely affect:
(a) one or more cetaceans; or
(b) the conservation status of a population of a species of cetacean; or
(c) the conservation status of a species of cetacean.
(3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.