During the assessment, GBRMPA staff raised issues regarding the

ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 73

4.9 The nature of the Abbot Point dredge dumping approval, including the

high risk posed to the Marine Park and the absence of a recommendation to the delegate, increased the importance of the delegate thoroughly documenting the reasons for the decision at the time it was made.

4.10 Comments received by the ANAO from permit holders and general

stakeholders including industryenvironmental peak bodies, government agencies and reef research stations about the decisions made by GBRMPA indicated concerns regarding: the consistency and transparency of decision-making; the independence of GBRMPA; the objectivity of GBRMPA staff; and GBRMPA’s ability to manage its dual responsibilities as conservation managers and the regulator of activities. Permit decision reconsiderations and administrativelegal reviews

4.11 Persons affected by a decision to grant or refuse a permit can request a

reconsideration of the decision by GBRMPA that may result in the decision being affirmed, varied, set aside or substituted for a new decision. Those persons dissatisfied with the result of decision reconsiderations may apply to the Administrative Appeals Tribunal for a merits review of the decisions 80 , or take legal action in the Federal Court. There are two permit decisions that are currently the subject of legal action.

4.12 One of the permit applications examined by the ANAO has been subject

to a request from the permit applicant for reconsideration of the delegate’s decision to refuse to grant a Marine Park permit for an existing structure. The original delegate’s manager appropriately documented the review of the original decision, and the original decision was affirmed. No Marine Park permit decision examined by the ANAO was subject to a merits review before the Administrative Appeals Tribunal. The matters subject to legal action are yet to be finalised. Permit conditions

4.13 Permits granted by GBRMPA allow permit holders to undertake

activitiesoperations that would otherwise be unpermittedillegal under the GBRMP Act. For the permitting regime to be effective, GBRMPA-issued permits must facilitate the holders’ conduct of permitted activities within the confines of 80 Part IX of the GBRMP Act. ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 74 conditions that manage the risks to the Marine Park and can be enforced by GBRMPA. In addition, permit holders that can vary from individuals to multi- national corporations must be clearly informed of the activities allowed under, and obligations imposed by, their permits.

4.14 While GBRMP Regulations specify a range of required inclusions in

Marine Park permits such as, the identity of the permit holder, and the dates the permit was granted and expires, they provide GBRMPA with considerable discretion as to the type, form and content of permit conditions. The conditions incorporated in GBRMP permits have been established in the context of laws and regulations that apply to other users of the Marine Park—including the laws of Queensland and general prohibitions contained in the GBRMP legislation— which have been established as standard permit conditions.

4.15 As was the case for permit application assessments, GBRMPA has

established a suite of permit templates for routine permit types such as vessel-based tourism and research that require minimal tailoring to meet the requirements for each permit. Permit conditions are more extensively tailored or customised to meet the requirements for non-routine permits. The types of conditions commonly found in Marine Park permits are summarised in Table 4.1 on the following page.

4.16 The ANAO examined the extent to which permit conditions relevant to

the circumstances of the permitted activity had been designed to manage identified risks in the sample of permits it examined.