Wildlife (Whales) (Amendment) Regulations 2002
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Wildlife (Whales) (Amendment) Regulations 2002
S.R. No. 107/2002
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provisions 1
3. Commencement 1
4. Principal Regulations 1
5. Objectives 2
6. Definitions 2
7. Prescribed minimum distance 3
8. Substitution of heading to Part 2 3
9. Conditions of permits 3
10. Additional conditions of whale swim tour permits 4
11. Additional conditions of whale sightseeing permits 4
12. Substitution of regulation 8 5
8. Fees for whale sightseeing permits and whale swim tour
permits 5
13. Offences relating to persons in charge of vessels or using
personal watercraft in waters in the vicinity of whales 5
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ENDNOTES 6
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1
STATUTORY RULES 2002
S.R. No. 107/2002
Wildlife Act 1975
Wildlife (Whales) (Amendment) Regulations 2002
The Governor in Council makes the following Regulations:
Dated: 29 October 2002
Responsible Minister:
SHERRYL GARBUTT
Minister for Environment and Conservation
HELEN DOYE
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Wildlife (Whales) Regulations 1998 to make
further provision for the permits and activities
connected with whale watching.
2. Authorising provisions
These Regulations are made under sections 85A
and 87 of the Wildlife Act 1975.
3. Commencement
These Regulations come into operation on
1 November 2002.
4. Principal Regulations
In these Regulations, the Wildlife (Whales)
Regulations 1998 1 are called the Principal
Regulations.
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5. Objectives
In regulation 1 of the Principal Regulations
(a) for paragraph (a)(ii) substitute
"(ii) prescribing conditions of whale
sightseeing permits and whale swim
tour permits; and";
(b) for paragraph (b) substitute
"(b) prescribe the fees payable for the issue
of whale sightseeing permits or whale
swim tour permits.".
6. Definitions
In regulation 3 of the Principal Regulations
(a) the definitions of "dolphin swim" and
"dolphin sightseeing" are revoked;
(b) for the definition of "tour supervisor"
substitute
' "tour supervisor" means a person
appointed by the holder of a whale
sightseeing permit or a whale swim tour
permit to supervise persons
participating in a tour conducted under
that permit;';
(c) for the definition of "tour vessel"
substitute
' "tour vessel" means the vessel specified in
a whale sightseeing permit or a whale
swim tour permit;';
(d) in the definition of "vessel" for "1988."
substitute "1988;";
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(e) insert the following definition
' "whale swim" means an activity which
involves persons being in the water to
observe or swim with a whale.'.
7. Prescribed minimum distance
In regulation 4 of the Principal Regulations, for
"sections 75 and 78" substitute "sections 83(1)
and 83A(1)".
8. Substitution of heading to Part 2
For the heading to Part 2 of the Principal
Regulations substitute
"PART 2WHALE SIGHTSEEING PERMITS
AND WHALE SWIM TOUR PERMITS".
9. Conditions of permits
(1) Insert the following heading to regulation 5 of the
Principal Regulations
"Conditions of whale sightseeing permits and
whale swim tour permits".
(2) For regulation 5(1) of the Principal Regulations
substitute
"(1) A whale sightseeing permit or a whale swim
tour permit is subject to the conditions
specified in this regulation.".
(3) In regulation 5(2) of the Principal Regulations
(a) in paragraphs (a), (b) and (j), for "dolphin"
(wherever occurring) substitute "whale";
(b) in paragraphs (c), (d), (e), (h), (i) and (m),
for "dolphin or any other whale" (wherever
occurring) substitute "whale";
(c) in paragraph (h)(iii), for "dolphins or other
whales" substitute "whales";
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(d) in paragraph (h)(iv) omit "mother dolphin
and calf or any other";
(e) in paragraph (i)(iii) omit "dolphin or" (where
twice occurring).
10. Additional conditions of whale swim tour permits
(1) Insert the following heading to regulation 6 of the
Principal Regulations
"Additional conditions of whale swim tour
permits".
(2) For regulation 6(1) of the Principal Regulations
substitute
"(1) In addition to the conditions specified in
regulation 5, a whale swim tour permit is
subject to the conditions specified in this
regulation.".
(3) In regulation 6(2) of the Principal Regulations
(a) for "dolphin swim" (wherever occurring)
substitute "whale swim";
(b) in paragraphs (f) and (h), for "dolphin"
substitute "whale";
(c) in paragraph (p), for "dolphin swims"
substitute "whale swims".
(4) In regulation 6(3) of the Principal Regulations, for
"dolphin swim" substitute "whale swim".
11. Additional conditions of whale sightseeing permits
(1) Insert the following heading to regulation 7 of the
Principal Regulations
"Additional conditions of whale sightseeing
permits".
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(2) For regulation 7(1) of the Principal Regulations
substitute—
"(1) In addition to the conditions specified in
regulation 5, a whale sightseeing permit is
subject to the conditions specified in this
regulation.".
(3) In regulation 7(2) of the Principal Regulations, for
"dolphin" (wherever occurring) substitute
"whale".
12. Substitution of regulation 8
For regulation 8 of the Principal Regulations
substitute
"8. Fees for whale sightseeing permits and
whale swim tour permits
(1) The fee payable for a whale sightseeing
permit is $375.
(2) The fee payable for a whale swim tour
permit is $700.".
13. Offences relating to persons in charge of vessels or
using personal watercraft in waters in the vicinity of
whales
In regulation 9(3) of the Principal Regulations, for
"dolphin swim" substitute "whale swim".
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ENDNOTES
1 Reg. 4: S.R. No. 152/1998 as amended by S.R. Nos 4/2001 and 44/2001.
Endnotes
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