Document ID: chunk:federal_register_of_legislation:F2013L00289:body:0:p13
Version: federal_register_of_legislation:F2013L00289
Segment Type: other
Provision Reference: 
Character Range: 38747–41769

but further in some areas to cover the continental shelf and slope. It also includes the waters around the Australian Antarctic Territory and external territories including Christmas, Macquarie, Heard and McDonald Islands.

Within the Australian Whale Sanctuary it is an offence to kill, injure, take, trade, keep, move or interfere with a cetacean. The EPBC Act also makes it an offence for Australians to carry out any of these actions beyond the limits of the Australian Whale Sanctuary, that is, in international or foreign waters. Other than in the case of killing, taking for live display, or trading, permits may be issued by the Australian Government Minister for Sustainability, Environment, Water, Population and Communities to carry out some activities that interfere with this species (e.g. for the purpose of research).

A number of measures currently exist to manage human interactions with all species of whales. These include the Seismic Guidelines, and Commonwealth and state regulations to manage whale watching activities. The EPBC Act also establishes the framework for this Plan and the associated actions.

Marine bioregional plans have been prepared under section 176 of the EPBC Act for the South-west, North-west, North and Temperate East marine regions in Commonwealth waters around Australia. Each marine bioregional plan describes the marine environment and conservation values of the region, identifies and characterises the pressures affecting these conservation values and identifies regional priorities and outlines strategies to address them. As part of this process, southern right whales have been identified as a regional priority for the South-west Marine Region. Further information on marine bioregional planning is available at: www.environment.gov.au/coasts/mbp.

Victorian legislation
In Victoria the species is considered critically endangered and is listed under the Flora and Fauna Guarantee Act 1988. An action statement has been prepared to protect southern right whales in Victorian waters. In addition, regulatory provisions under the Wildlife Act 1975 are in place to protect southern right whales in the calving grounds at Logans Beach, Warrnambool by prohibiting boating in the area during southern right whale occupancy and to manage the impacts of whale watching in all Victorian coastal waters.

South Australian legislation
The South Australian Government has declared a whale sanctuary and marine park at the Head of the Great Australian Bight (Head of Bight), which is a significant aggregation and calving area. This declaration permanently excludes activities that are disruptive to habitat, and/or have the potential to conflict with the whales, and prohibits mining from the Conservation Zones in state waters. The Australian Government has declared a large extension to this sanctuary zone into Commonwealth waters creating the Great Australian Bight Marine Park. This marine park has as one of its primary purposes the conservation of southern right whales.