Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 3)1 Select Legislative Instrument 2005 No. 309
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Great Barrier Reef Marine Park Act 1975. Dated 15 December 2005 P. M. JEFFERY Governor-General By His Excellency’s Command IAN CAMPBELL Minister for the Environment and Heritage
1              Name of Regulations                 These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 3). 2              Commencement                 These Regulations commence on the day after they are registered. 3              Amendment of Great Barrier Reef Marine Park Regulations 1983                 Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.

Schedule 1        Amendments (regulation 3)    [1]           Subregulation 3 (1), after definition of relevant permission insert special tourism permission means a relevant permission to conduct a tourist program, or to conduct an activity under a tourist program, where the Regulations or a Plan of Management has imposed a limit on the number of such relevant permissions that may be granted. [2]           After subregulation 77 (3) insert       (3A)   For a relevant permission to conduct a tourist program, or a relevant permission for the installation or operation of a facility that is operated in association with such a tourist program, the Authority may impose a condition on the permission, or vary an existing condition, in circumstances other than those to which subregulation 109 (2) or (3) or 110 (1) applies, without the consent of the permission holder, if:                 (a)    the Authority gives written notice to the permission holder of the proposed change and has regard to any written response of the permission holder made within 28 days of issue of the notice (or any longer period allowed by the Authority before the end of the 28 days); and                (b)    the condition, or amended condition, is appropriate to the attainment of the objects of the Act.       (3B)   A notice by the Authority informing the permission holder of the commencement of the condition, or amended condition, must allow a period of at least 28 days from the date of the notice before commencement of the change.       (3C)   The condition that the Authority notifies is to commence, in subregulation (3B), may be a modification of the initial proposal if the modification is to take into account submissions made by the permission holder under paragraph (3A) (a). [3]           After Division 2.5 insert
Division 2.6           Allocation of limited relevant permissions
88A         Application for special tourism permission          (1)   Subject to regulation 88C, in addition to the requirements and procedures applicable to a relevant permission under Division 2.3, this regulation applies to the application for, and granting of, a special tourism permission.          (2)   Before granting such a permission, the Authority must publish a public notice inviting applications and giving details of:                 (a)    the permission; and                (b)    the application procedure; and                 (c)    the closing date for applications; and                (d)    the amount of the application lodgement fee; and                 (e)    the criteria to be applied by the Authority in determining any allocation of the permission.
88B         Consideration of applications          (1)   The Authority is only to consider applications under regulation 88A that are:                 (a)    made in a form approved by the Authority; and                (b)    received within the time set out in the notice; and                 (c)    accompanied by the application lodgement fee.          (2)   In considering an application, the Authority must have regard to the criteria set out in the notice.          (3)   The Authority may refuse to consider an application that, in the opinion of the Authority, does not satisfy one or more of the criteria set out in the notice.          (4)   If there are more applications for the Authority to consider than permissions to be allocated, the Authority may rank the applications in order of merit, and may rank by ballot any applications of equal merit.          (5)   The applications so ranked are to be assessed by the Authority in order from the most highly ranked to the least in accordance with the criteria set out in subregulation 74 (5).          (6)   To avoid doubt, after all the available special tourism permissions mentioned in subregulation 88A (2) have been granted, the Authority must refuse any remaining applications, including any applications remaining in the ranking order.
88C         Relevant permissions to which this Division does not apply          (1)   Subject to subregulation (2), an application by a person for a special tourism permission to replace a special tourism permission of the same kind that has been granted to the person is not subject to this Division if the application is made before the expiry of the permission.          (2)   The Authority may treat an application under subregulation (1) as having been made before the expiry of the relevant special tourism permission if the Authority considers that special circumstances put forward by the applicant in writing justify its doing so.          (3)   An application by a person for the transfer of a special tourism permission under regulation 106 is not subject to this Division. [4]           Subregulation 109 (7) substitute          (7)   An action taken by the Authority under subregulation (2) or (3) to suspend a permission ceases to apply at the end of 28 days after the day on which the action was taken. [5]           Subregulation 112 (4) substitute          (4)   If the holder of a permission referred to in paragraph (2) (a) does not begin to carry on the permitted activity in the Marine Park within 120 days after the date on which the permission was granted or transferred under these Regulations to the holder, the Authority may revoke the permission. [6]           Subregulation 134 (1), table, after item 3 insert
3A
Lodgement fee for application under regulation 88A for a special tourism permission
250
[7]           Paragraph 183 (1) (g) omit permission. insert permission; [8]           After paragraph 183 (1) (g) insert                 (h)    a decision under subregulation 77 (3A) to impose a condition on, or vary an existing condition of, a relevant permission. [9]           Paragraph 185 (1) (b) omit or (g); insert , (g) or (h);
Note 1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.