Commonwealth Consolidated Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS 1983 - REG 117L

         (1)   An application to the Authority for an exemption under subregulation 117K (1) must be made by:

                (a)    the holder of the permission; or

               (b)    if a person has applied for a permission of a kind mentioned in subregulation 117K (1) and the Authority has not made a decision on the application -- the prospective holder.

         (2)   The application must contain the following information:

                (a)    the name and address of the holder or prospective holder making the application;

               (b)    contact details for the holder or prospective holder, including telephone number, facsimile number and e-mail address;

                (c)    the location of the area to be used by the holder or prospective holder 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)    any other information concerning the application that the Authority requires and has asked the holder or prospective holder to provide.

         (3)   If a vessel or aircraft is to be used in support of activities authorised by a permission mentioned in paragraph 117K (1) (a), (b) or (c), the application must also contain:

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

               (b)    the permission number or (if no permission has been issued) the permission application registration number.

         (4)   If the application is for an exemption under paragraph 117K (1) (d), it must also contain the following information:

                (a)    if the holder or prospective holder has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted a permission mentioned in paragraph 117K (1) (a), (b) or (c) -- the number of the relevant permission or, if no permission has been issued, the permission application registration number and the name of the holder or prospective holder;

               (b)    if the holder or prospective holder operates a vessel -- the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;

                (c)    if the holder or prospective holder operates an aircraft -- the type of aircraft and its registration mark.

         (5)   Subject to paragraph (2) (e), an application under this regulation is not invalid only because it does not include all of the information required.

         (6)   In considering an application for an exemption under regulation 117K, the Authority is to take into account:

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

               (b)    if the application is for an exemption under paragraph 117K (1) (d) -- 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 a permission of the type mentioned in paragraph 117K (1) (a), (b) or (c); and

                (c)    any charge, collected amount or penalty amount owed to the Authority that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

               (d)    any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force).