Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:180
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 180
Character Range: 270219–272648

180  Other craft—caution zones near adult cetaceans
 (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.
Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).
Penalty: 50 penalty units.

Requirements for caution zones
 (2) The operator must do the following within the caution zone for a cetacean (other than a calf):
 (a) operate the vessel at a constant speed of less than 6 knots and minimise noise;
 (b) make sure the vessel does not drift or approach closer to the cetacean than:
 (i) for a dolphin—50 metres; or
 (ii) for a whale—100 metres;
 (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;
 (d) if there is more than 1 person on the vessel—post a lookout for cetaceans;
 (e) subject to paragraph (b), approach the cetacean only:
 (i) from the rear, no closer than 30 degrees to its observed direction of travel; or
 (ii) by positioning the vessel ahead of the cetacean at more than 30 degrees from its observed direction of travel;
 (f) make sure the vessel does not restrict the path of the cetacean;
 (g) make sure the vessel is not used to pursue the cetacean.
Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).
Note 2: For an exemption to paragraph (2)(b), see subsection (6).
 (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.
 (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:
 (a) disengage the gears and let the whale approach; or
 (b) reduce the speed of the vessel and proceed on a course away from the whale.
 (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.

Exception
 (6) Paragraph (2)(b) does not apply if the cetacean approached the vessel.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).