Over the 10 years from 2004–05 to 2013–14, GBRMPA issued

ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 14 tourism operations 1488, operating a facility or mooring 311 and research activities 267.

10. The monitoring of permit holders’ compliance with permit conditions

is to be undertaken through a combination of: • desk-based compliance monitoring and targeted site inspections by the EAP Section; and • vessel, aerial and land-based patrolssurveillance by GBRMPA and its partner agencies under the Joint Field Management Program. 12

11. Any allegations of, or incidents relating to, non-compliance with permit

conditions may be subject to investigation by GBRMPA primarily by its Field Management Compliance Unit 13 or the EAP Section. Where non-compliance is established, GBRMPA may take enforcement action against non-compliant permit holders, which can include advisory letters, infringement notices, prosecution and the suspensionrevocation of permits. In the period from July 2012 to June 2014, there were 76 reported breaches of GBRMP permit conditions, which resulted in 59 investigations— with the issuing of advisory letters in 35 cases being the most common enforcement response. Audit objective and criteria

12. The objective of this audit was to assess the effectiveness of the Great

Barrier Reef Marine Park Authority’s regulation of permits and approvals within the Great Barrier Reef Marine Park.

13. To form a conclusion against this objective, the ANAO adopted the

following high-level criteria: • an effective process to assess permit applications and attach enforceable conditions has been established; 12 The Joint Field Management Program has been established by the Australian and Queensland governments to undertake conservation activities and monitor activity in the Great Barrier Reef World Heritage Area and land catchment. The Program comprises officers from GBRMPA and QPWS, supported by partner agencies, including Border Protection Command, Queensland Boating and Fishing Patrol and the Queensland Police Service. 13 The FMCU, funded under the Joint Field Management Program, comprises officers from GBRMPA and QPWS that coordinate and undertake investigation and enforcement activities in the Great Barrier Reef World Heritage Area. ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 15 • a structured risk management framework to assess and manage compliance risks has been implemented; • an effective risk-based compliance program to communicate regulatory requirements and to monitor compliance with permit conditions and regulatory objectives has been implemented; and • arrangements to manage non-compliance are effective.

14. The ANAO examined GBRMPA’s assessment of Marine Park permit

applications, monitoring of permit holders’ compliance and response to permit holders’ non-compliance. 14 The ANAO did not examine GBRMPA’s other regulatory activities, such as the FMCU’s investigation and enforcement activities associated with: activities not subject to a permit; the state marine park; or permits and licenses granted under state legislation. Overall conclusion

15. GBRMPA assesses approximately 400 permit applications each year

and, at any one time, GBRMPA and its partner agencies under the Joint Field Management Program are responsible for monitoring the compliance of approximately 1300 permit holders with their permit conditions and taking appropriate enforcement action in response to identified non-compliance. Over the period July 2012 to June 2014, GBRMPA assessed 76 reported breaches of Marine Park permit conditions approximately five per cent of all recorded breach incidents 15 and conducted 59 investigations.

16. In relation to the regulation of permits, identified shortcomings in

GBRMPA’s regulatory processes and, more particularly, its regulatory practices have undermined the effectiveness of the permitting system as a means of managing risks to the Marine Park. These shortcomings were identified across a broad range of GBRMPA’s regulatory activities, including its assessment of permit applications, monitoring of permit holder compliance and response to non-compliance. 14 The ANAO selected samples of GBRMP permit application assessments and current permits over the period from July 2012 to June 2014. The samples, which equated to 10 per cent of permit application assessments and current permits, were broadly selected in proportion with 12 key parameters of the respective populations. In addition, the ANAO examined all ‘breach of permit’ enforcement actions over the period from July 2012 to June 2014. 15 Most non-compliance incidents and investigations relate to breaches of state fishing permits and licences or for activities not subject to a permit.