Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:1:p8
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 1 (pt 8/10)
Character Range: 56593–59824

this restricted area is to afford greater protection for southern right whales with their calves from vessel disturbance in a portion of key nursery area.
Under the Harbors and Navigation Act Regulations 2009, the 'Victor Harbor Restriction Zone' prohibits personal watercraft and jet-ski operators from launching or operating their vessel within this zone from May 1 to September 30. The purpose of these restrictions is to minimise disturbance for whales.
Western Australia
The Biodiversity Conservation Act 2016 and Biodiversity Conservation Regulations 2018 provide legislative protection for biodiversity, particularly threatened species and threatened ecological communities in Western Australia. The Biodiversity Conservation Act 2016 provides a statutory basis for the listing of threatened native species under section 19(1) of the act. The Biodiversity and Conservation Regulations 2018 outline requirements related to interactions with marine fauna, including minimum separation distances for whales (Schedule 5) and interfering with the natural movement of marine fauna.
The WA Environmental Protection Authority is established under Part II of the Environmental Protection Act 1986. The Act provides for "the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing". The Department of Water and Environmental Regulation's EPA Services administers and operates under this Act and marine fauna is a key environmental factor considered by the EPA. The objective for marine fauna is "to protect marine fauna so that biological diversity and ecological integrity are maintained".
Queensland
The Nature Conservation (Whales and Dolphins) Conservation Plan 1997 was repealed in 2013 and regulations to protect whales were introduced under subordinate legislation to the Nature Conservation Act 1992 (Qld). The Nature Conservation (Animals) Regulation 2020 manages vessel, aircraft, and swimmer approach distances to whales and includes provisions for increasing protection of declared temporary special marine mammals and in marine mammal special management areas.
Under the Commonwealth's Great Barrier Reef Marine Park Regulations 2019, there are requirements for whale and dolphin watching that relate to safe approach distances and operations around whales and dolphins, including the Whitsunday Whale Protection Area in the Whitsunday Planning Area.

     1.2.3          International conventions and management arrangements
Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) - The southern right whale is protected against over-exploitation through international trade by its listing on Appendix I of CITES, as a species threatened with extinction.
Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) - Australia is the host country of the CCAMLR Secretariat and a key member in Antarctic Treaty Consultative Meetings (ATCM). Under CCAMLR, member states work to progress management of fisheries operating within the convention area (e.g., krill fishery), develop marine protected areas,