Commonwealth Consolidated Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS 1983 - REG 88ZZ

                For subsection 38BA (5) of the Act, the following circumstances are prescribed:

                (a)    in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which the Plan comes into operation:

                          (i)    the person engaged in conduct of the same kind, in that area, before the Plan came into operation; and

                         (ii)    permission was not required for that conduct in that area before the Plan came into operation; and

                        (iii)    that conduct does not involve fishing or collecting in that area that would otherwise require permission after the Plan comes into operation;

               (b)    in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which an amendment of the Plan comes into operation:

                          (i)    the person engaged in conduct of the same kind, in the same area, before the amendment came into operation; and

                         (ii)    permission was not required for that conduct before the amendment came into operation; and

                        (iii)    that conduct does not involve fishing or collecting in that area that would otherwise require permission after the amendment comes into operation;

                (c)    in respect of conduct engaged in by a person in an area covered by the Zoning Plan after the end of a period mentioned in paragraph (a) or (b):

                          (i)    the person engaged in conduct of the same kind, in that area, before the beginning of that period; and

                         (ii)    permission was not required for that conduct before the beginning of that period; and

                        (iii)    the person applied for permission to engage in the conduct during that period; and

                        (iv)    the person applied for the permission in accordance with these Regulations; and

                         (v)    the person complies with any requirement or request made by the Authority under the Act, these Regulations or the Plan in relation to the application; and

                        (vi)    the permission has not been granted or refused, and the application has not been withdrawn or lapsed.