Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:185
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 185
Character Range: 275222–276098

185  Requirements for swimming with cetaceans
 (1) A person commits an offence if:
 (a) a person enters the water (whether or not in the Marine Park); and
 (b) the person's entry into the water occurs within:
 (i) 100 metres of a whale; or
 (ii) 50 metres of a dolphin; and
 (c) the whale or dolphin is in the Marine Park.
Penalty: 50 penalty units.
 (2) Strict liability applies to paragraph (1)(c).
 (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.
Penalty: 50 penalty units.
 (4) A person commits an offence of strict liability if:
 (a) the person is in the water in the Marine Park; and
 (b) a cetacean comes within 30 metres of the person; and
 (c) the person:
 (i) does not move slowly to avoid startling the cetacean; or
 (ii) swims towards it.
Penalty: 50 penalty units.