Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p7
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 7/44)
Character Range: 136771–139379

8.01  Purpose of Division 8.1
  For paragraph 247(d) of the Act, this Division provides for the protection and conservation of cetaceans.

8.01A  Interpretation
  For this Division:
cetacean does not include a part of a cetacean or product of a cetacean.

8.02  Application of Division 8.1
  This Division applies in the Australian Whale Sanctuary, except in the coastal waters, or a part of the coastal waters, of a State, or the Northern Territory, if a declaration under section 228 of the Act is in force for the coastal waters or part of those waters.

8.03  Offences in this Division
 (1) A person does not contravene a provision of this Division only because the person is undertaking:
 (a) an activity mentioned in paragraph 231(c), (d), (e) or (f) of the Act; or
 (b) an activity mentioned in paragraph 231(a), (b) or (h) of the Act and the activity could not be undertaken at a time or in a way to avoid contravening the provision.
 (2) A person in the Great Barrier Reef Marine Park does not contravene a provision of this Division if the person to whom the provision would apply has an exemption, in force at the time, issued to the person by the Great Barrier Reef Marine Park Authority under regulation 117K of the Great Barrier Reef Marine Park Regulations 1983.

8.04  Prohibited vessel
 (1) This regulation applies to a person who is operating a prohibited vessel.
 (2) A prohibited vessel must not approach closer than 300 metres to a cetacean.
 (3) A prohibited vessel must move, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.
Note: A boat travelling at a speed that is the equivalent of a brisk walking pace is not exceeding 6 knots.
 (4) If a prohibited vessel is operated in a way that contravenes subregulation (2) or (3), the person operating the vessel is guilty of an offence.
Penalty: 50 penalty units.
 (5) An offence under subregulation (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

8.05  Other craft—adult cetaceans
 (1) This regulation applies:
 (a) to a person who is operating a vessel that is not a prohibited vessel; and
 (b) in relation to cetaceans other than calves.
Note: Regulation 8.06 contains special provisions for calves.
 (2) Within the caution zone for a cetacean to which this regulation applies, the person must:
 (a) operate the vessel at a constant speed of less than 6 knots and minimise noise; and
 (b) make sure the vessel does not drift or approach closer to the cetacean than:
 (i) for