Overall, GBRMPA’s assessments of permit applications contained

ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 55 assessment or comment on the significance to the assessment of not having done so 64 ; • one of the three assessments above recommended that GBRMPA approve an environmental management plan a key management document that only partially covered the operation of 18 of the 20 existing facilities so as to address the then unlawful operation of these facilities due to the expiry of the previous permit 65 ; • one assessment that justified the setting of the bond amount solely on the minimum bond amount for Level 4 projects provided as a guide in GBRMPA’s permit assessment policy—without reference to the likely costs to restore the environment and remove the facilities should the development fail or the proponent become insolvent; and • one assessment that did not specify the proposed permit conditions to be put in place to monitor, manage and mitigate potential impacts Reg.88Qb and to orderly and properly manage the Marine Park Reg.88Qf. In this case, the reasons for the decision documented by the delegate outlined the relevant permit conditions to varying degrees of specificity.

3.9 The evidence retained by GBRMPA to demonstrate that it has

appropriately assessed permit applications involving the take of protected species a specific mandatory consideration under Reg.88S has also been variable. Two of the five affected applications examined by the ANAO met all assessment requirements, while the remaining three were either partially assessed against requirements one or were not assessed against any of the requirements two. 64 Including one assessment report that mentioned that ‘several of the [maintenance] certificates state the facilities are fit for purpose subject to the completion of works’, but did not indicate that one of the facilities was found to be in such a poor state that it was closed to the public until remedial works were undertaken. The assessing officer did not obtain independent evidence to supplement the representations of the permit holder that the required remedial works had been completed. 65 Although the assessing officer also considered that the environmental management plan should be revised within six months of the approval, no permit condition was attached to the approval to make this a requirement, nor had GBRMPA requested the permit holder to update the plan in the seven months since the permit was approved. ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 56 Discretionary considerations

3.10 In addition to the mandatory considerations, the GBRMP Regulations

also outline 11 discretionary considerations that may be considered by the delegate when making a decision to grant or refuse a Marine Park permit see Table 3.2. Table 3.2: Discretionary considerations during permit application assessments Discretionary Considerations a Requirement under s.37AA of the GBRMP Act to prevent or minimise harm to the environment in the Marine Park b The effect the grant of the permission will have on public appreciation, understanding and enjoyment of the Marine Park c Impact of the proposed conduct on the conduct of others in the area, nearby, or in the Marine Park, that is being undertaken, is planned or is reasonably foreseeable. d Any policies or guidelines issued by GBRMPA about the management of the Marine Park or performance of GBRMPA’s functions e The capacity of the applicant to fund the development and management of a costly project f Whether the proposed conduct has been, or is likely to be, granted under any relevant law of Queensland g Any relevant international convention to which Australia is a signatory, or any CommonwealthState agreement h Any relevant law of the Commonwealth or Queensland relating to the management of the environment or an area of the Marine Park i Any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the EPBC Act j Whether the applicant is a suitable person to hold such a permission having regard to their: environmental compliance history; and payment of fees and penalties under the GBRMP Act and Regulations k Any other matters relevant to achieving the objects of the GBRMP Act Source: GBRMP Regulation 88R.

3.11 Guidance material produced by GBRMPA to assist staff to determine

when to apply the discretionary considerations indicates that only those discretionary considerations that add value to the consideration by the delegate should be addressed. In this regard, the guidance material: • indicates that some considerations will need to be considered for all applications—specifically: GBRMPA policies and guidelines Reg.88Rd; approval of proposal conduct under any relevant law of Queensland Reg.88Rf; and payment of fees and penalties under the GBRMP Act and Regulations Reg.88Rjiv-vi; and