Guidance material produced by GBRMPA to assist staff to determine

ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 58 Table 3.3: Discretionary consideration matters included in permit assessment templates Potential Matter for Discretionary Consideration relevant regulation Matter included in Permit Assessment Templates as a Discretionary Consideration? Tourism Research Harvest Fisheries Other s.37AA of GBRMP Act requirement to minimise harm to Marine Park Reg.88Ra - - Yes - Impact on public appreciation, understanding and enjoyment of the Marine Park Reg.88Rb - - Yes - Eco-certification Reg.88Rb No na na na GBRMPA policiesguidelines Reg.88Rd 1 No No na Yes Approval of proposed conduct under Queensland law Reg.88Rf 2 No No No No Site management plans arrangements Reg.88Rh 3 No No No No Plans under the EPBC Act Reg.88Ri 4 No No No No Applicant’s environmental history Reg.88Rji-iii No No No No Applicant’s payment of fees penalties Reg.88Rjiv-vi Yes na na Yes Source: GBRMPA’s permit assessment templates. The rows shaded grey relate to those discretionary considerations that GBRMPA considers should form part of every permit application assessment. Note 1: Current GBRMPA policiesguidelines: Tourism—includes the Managing Tourism Permissions Policy and up to six other tourism policies and position statements; and Research—includes the Managing Scientific Research Policy and up to three other research policies, position statements and guidelines. Note 2: Relevant Queensland approvals may include: coast Marine Park permits; Marine Safety Queensland authorities; state environmental approvals; and national park permits. Note 3: GBRMPA has developed Plans of Management for Hinchinbrook, Cairns and the Whitsundays— which are common tourist areas. Note 4: Recovery plans adopted under the EPBC Act that are relevant to marine species found in the Great Barrier Reef include whales Blue, Sei, Southern Right and Humpback, marine turtles and sharks Grey Nurse, Great White, Whale. The only threat abatement relevant to the Marine Park is for the impacts of marine debris on vertebrate marine life. Wildlife Conservation Plans under the EPBC Act that are relevant to permits in the Marine Park include the Wildlife Conservation Plan for Migratory Shorebirds sourced from the Department of the Environment’s website at www.environment.gov.au [accessed 18 March 2015].

3.14 Where templates are used as the basis for permit application

assessments, GBRMPA expects assessing officers to tailor template contents or coversheets to address any relevant assessment considerations and risks to the Marine Park not canvassed in the templates. However, in practice, template ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 59 contents andor permit assessment coversheets were rarely varied to take into account relevant discretionary considerations. 66 Nevertheless, the ANAO found that, of the 93 permit application assessments examined, none fully considered all of the relevant discretionary considerations—many of which are identified by a ‘No’ response in Table 3.3 above—including: • adherence to GBRMPA policies and guidelines primarily the ‘Managing Tourism Permission Policy’ in respect of the tourism-related assessments Reg.88Rd and whether the proposed conduct requires approval under Queensland law Reg.88Rf—both of which GBRMPA guidance indicates should form part of all permit application assessments; • Plans of Management established under Part VB of the GBRMP Act applying to particular areas of the Marine Park Reg.88Rh; • threat abatement plans, wildlife conservation plans and recovery plans made under the EPBC Act that apply to particular marine species prevalent in the Marine Park Reg.88Ri; and • applicants’ history of environmental compliance with respect to previous GBRMP permits in relation to tourism, harvest fishery and most other routine permit applications with the exception of moorings and some research Reg.88Rji-iii.

3.15 While acknowledging that discretionary considerations will not be

relevant to all application assessments, it would be prudent for the permit application assessments to document those discretionary considerations that permit assessing officers consider are not relevant, or do not add value, to the delegate’s consideration of an application. Customised permit application assessments

3.16 GBRMPA’s assessment of discretionary considerations for most

non-routine permit applications most of the Level 2 and all of the Level 3 and 4 applications are customised to the specific nature of the respective applications. As a consequence, most, if not all, discretionary considerations are substantively addressed in each application assessment. The seven customised 66 The exceptions were some GBRMPA policies and guidelines Reg.88Rd for most research applications and the applicants’ compliance history for applications to replace most expiring mooring and research permits Reg.88Rji-iii.