Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p10
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 10/44)
Character Range: 143840–146624

water within 100 metres of a whale or within 50 metres of a dolphin.
Penalty: 50 penalty units.
 (3) The person must not, while in the water, approach within 30 metres of a cetacean.
Penalty: 50 penalty units.
 (4) If a cetacean comes within 30 metres of a person in the water, the person:
 (a) must move slowly to avoid startling the cetacean; and
 (b) must not touch the cetacean or swim towards it.
Penalty: 50 penalty units.
 (5) An offence under subregulation (3) or (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 8.2—Whale watching

8.10  Purpose of Division 8.2
  For paragraph 238(3)(c) of the Act, this Division sets out how whale watching must be carried out.

8.11  Application of Division 8.2
  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.

8.12  How whale watching is to be carried out
 (1) A prohibited vessel must not be used for whale watching.
 (2) A person who operates a vessel for whale watching must operate it in accordance with regulations 8.05 and 8.06.
 (3) A person who operates an aircraft for whale watching must operate it in accordance with regulation 8.07.
 (4) A person who takes part in whale watching must comply with regulations 8.08, 8.09 and 8.09A.

Part 8A—Access to biological resources in Commonwealth areas

Division 8A.1—Preliminary

8A.01  Purpose of Part 8A
  For section 301 of the Act, the purpose of this Part is to provide for the control of access to biological resources in Commonwealth areas to which this Part applies by:
 (a) promoting the conservation of biological resources in those Commonwealth areas, including the ecologically sustainable use of those biological resources; and
 (b) ensuring the equitable sharing of the benefits arising from the use of biological resources in those Commonwealth areas; and
 (c) recognising the special knowledge held by indigenous persons about biological resources; and
 (d) establishing an access regime designed to provide certainty, and minimise administrative cost, for people seeking access to biological resources; and
 (e) seeking to ensure that the social, economic and environmental benefits arising from the use of biological resources in those Commonwealth areas accrue to Australia; and
 (f) contributing to a nationally consistent approach to access to Australia's biological resources.
Note: For the meaning of Commonwealth area, see the Act, section 525.

8A.02  Application of Part 8A to Commonwealth areas
  This Part applies to Commonwealth areas but does not apply to land leased by