Commonwealth Numbered Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS 2019 (F2019L00166) - REG 189

Who makes an application

             (1)  An application to the Authority for an exemption under section 188 must be made by a person (the applicant ) who:

                     (a)  holds a permission referred to in that section; or

                     (b)  has applied for such a permission if the Authority has not made a decision on the application.

Content of application

             (2)  The application for the exemption must contain the following information:

                     (a)  the name and address of the applicant;

                     (b)  contact details for the applicant, including telephone number and email address;

                     (c)  the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;

                     (d)  the period for which the exemption is sought;

                     (e)  if the application is for an exemption relating to the operation of a vessel or aircraft in the Marine Park:

                              (i)  the name of the person who holds, or has applied to hold, the permission to operate the vessel or aircraft; and

                             (ii)  the permission number or (if no permission has been issued) the permission application registration number;

                            (iii)  if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)--the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;

                            (iv)  if the applicant operates the vessel on the applicant's own behalf--the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;

                             (v)  if the applicant operates the aircraft on the applicant's own behalf--the type of aircraft and its registration mark.

Note:          The Authority may require additional information under section 190.

Considering application

             (3)  In considering the application for the exemption, the Authority must take into account the following matters:

                     (a)  the need for orderly and proper management of the Marine Park;

                     (b)  for an exemption relating to the operation of a vessel or aircraft in the Marine Park--whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);

                     (c)  whether the applicant for the exemption is a suitable person to be granted the exemption, having regard to:

                              (i)  the applicant's history in relation to environmental matters; and

                             (ii)  if the applicant is a body corporate--the history of the applicant's executive officers in relation to environmental matters; and

                            (iii)  if the applicant is a subsidiary of a holding company--the history of the holding company and its executive officers in relation to environmental matters; and

                            (iv)  whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and

                             (v)  any other relevant matter;

                     (d)  any other matters the Authority considers relevant.