Improvements in the coverage of discretionary considerations in the

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. ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 60 permit applications assessments examined by the ANAO satisfactorily considered nine of the 11 discretionary considerations Regs.88Ra-h and k. However in relation to the remaining two discretionary considerations: • five assessments did not consider all relevant threat abatement plans, wildlife conservation plans and recovery plans made under the EPBC Act that applied to the Marine Park Reg.88Ri; and • three assessments did not satisfactorily consider the compliance history of the permit applicant and related entities Reg.88Rji-iii. 67 Risk assessments

3.17 A documented assessment of risks associated with each permit

application allows the delegate to consider the extent to which relevant risks to the Marine Park posed by the proposed activity can be effectively managed. The template-based assessments prepared by GBRMPA make reference to risk, particularly in relation to mandatory considerations Reg.88Q a and b from the GBRMP Regulations see Table 3.1 earlier. Use of risk assessments

3.18 As part of each permit assessment, GBRMPA commonly prepares a risk

assessment related to the permitted activity sought by the application. To inform its assessment of relevant risks, the GBRMPA has developed a suite of risk assessment templates for the most common types of permitted activities such as standard vessel-based tourism operations and research. These templates contain generic risks that can be relevant to the particular permitted activity, including pre-prepared inherent risk ratings and risk ratings after existing controls have been taken into account. 68

3.19 GBRMPA has not, however, developed risk assessment templates for all

permitted activity types and, in their absence, customised risk assessments are 67 Two assessments considered the applicant was a suitable person yet noted that the permit holder had ‘a poor record of effectively administering Marine Park permits’. In addition to the non-compliance documented as part of this assessment, other non-compliance was evident in other parts of the permit application assessments in relation to unpermitted facilitiesstructures identified during the replacement of past expiring permits. One assessment did not consider the compliance history of companies related to the permit applicant—unlike other application assessments for this permit holder. 68 The risk assessment templates were last updated in March 2012.