Commonwealth Numbered Regulations

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Accreditation of TUMRA

             (1)  This section applies if:

                     (a)  an individual has applied for accreditation of a TUMRA in accordance with this Part; and

                     (b)  any requirement or request by the Authority about the application has been complied with.

             (2)  The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.

Note:          Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.

             (3)  The Authority must not decide to accredit a TUMRA unless it has:

                     (a)  made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and

                     (b)  if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and

                     (c)  made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.

             (4)  If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.

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