Of the seven customised permit assessments involving major facilities or

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 ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 57 • provides examples of matters that could be considered relevant under each discretionary consideration. Template-based permit application assessments

3.12 The permit assessment templates developed by GBRMPA incorporate

information relevant to the assessment of some discretionary considerations for routine permit applications. However, the templates do not incorporate information that is relevant to other discretionary considerations that would apply to most permit application assessments—including two of the three discretionary considerations that GBRMPA considers should be applied to all permit application assessments as outlined in paragraph 3.11. The ANAO also identified matters relating to a further four discretionary considerations or parts thereof that could be relevant to many permit application assessments see Table 3.3 on the following page.

3.13 Improvements in the coverage of discretionary considerations in the

permit assessment templates would minimise: the need for assessing officers to repetitively tailor assessments to address matters that are generally relevant; and the likelihood of relevant considerations being overlooked during assessments. The templates were last updated in March 2013.