All permit application assessment reports prepared for the delegate’s

ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 70

4. Permit Decisions and Approval Conditions

This chapter examines the delegate’s consideration of permit application assessment reports, the conditions attached to issued permits and follow-up of post-approval requirements. Introduction

4.1 Once a permit application assessment report has been prepared by the

assessment officer, the reports are presented to the GBRMPA delegate and the delegate from the QPWS for a decision on whether to grant or refuse the permit. Applicants are then advised of the delegate’s decision and their reconsiderationappeal rights, and are to be sent a copy of the permit where granted. The ANAO examined the: • basis on which the delegate decided to grant or refuse a permit; • conditions contained in issued permits; and • notification of permit decisions to permit holders and others. 76 Delegate decisions

4.2 The delegations made under the GBRMP Act state that GBRMPA’s Chair

and senior executives, and directors, managers and project managers within the Environmental Assessment and Management Section now the EAP Section have the power to issue Marine Park permits and determine the form, content and terms of approval conditions. In relation to the 786 permit assessments undertaken during the period July 2012 to June 2014, all were determined by an authorised delegate, with the non-routine application assessments generally determined by more senior GBRMPA staff although there is no established policy in this regard.

4.3 Permit application assessment reports and support material including,

as appropriate: the application assessment file, the proposed permit and 76 A sample of 79 permits from a population of 786 GBRMP permits assessed during the period July 2012 to June 2014—10 per cent of the population—was broadly selected in proportion with 12 key parameters of the population, including: the assessment officer; and the permits’ risk level, status and permission type. ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 71 vesselaircraftfacility approvals; permit cover letter to the applicant; andor refusal letter are submitted to the delegate together with a recommendation to approve or refuse the granting of a permit. In 78 of the 79 permit assessments examined by the ANAO, the assessment reports contained recommendations that were supported by the assessments prepared, with the delegate agreeing with all recommendations 76 of which were to grant a permit and two to refuse a permit. Those assessments involving permits that apply to the coast Marine Park were also approved by a delegate from QPWS.

4.4 In relation to the remaining assessment, which related to an application

to dump capital dredge spoil in the Marine Park off the coast of Abbot Point, the GBRMPA delegate received an assessment report for this activity that contained four options for consideration. The delegate did not request a recommendation from the assessment officer for this case. 77 The four options proposed were to either refuse to grant a Marine Park permit or grant a Marine Park permit under three separate scenarios canvassed in the permit assessment.

4.5 The assessment report and supporting documentation for this

non-routine permit application highlighted high residual risks that is, risks remaining following treatment to the Marine Park posed by the proposed activity. The determination of residual risk was informed by an assessment of available documentation including scientific studies, established environmental standards and documentation prepared by, or on the behalf of, the applicant against the mandatory and relevant discretionary considerations required under the GBRMP Regulations. The assessment also reflected specialised scientific input provided by different areas within GBRMPA and external organisations.

4.6 During the assessment, GBRMPA staff raised issues regarding the

comprehensiveness of information provided by the applicant and the likely effectiveness of the management strategies and potential conditions to manage the risks that the project posed to the Marine Park. The documentation retained by GBRMPA relating to the assessment process did not, however, indicate that these issues were substantively addressed. 78 Further, the delegate and the assessment team held differing views in relation to aspects of the assessment, 77 GBRMPA informed the ANAO that a recommendation had not been requested because of the complex nature of the permit assessment and the range of approval options available. 78 Shortcomings in the management of records associated with the assessment of this permit application, such as key documents not being retained on assessment files, indicates that there is scope for GBRMPA to improve its record management practices for complex permit application assessments.