Wildlife (Whales) (Logans Beach) Regulations 2001

i Wildlife (Whales) (Logans Beach) Regulations 2001 S.R. No. 4/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 1 5. Insertion of new Part 4 in the Wildlife (Whales) Regulations 1998 2 PART 4—PROHIBITION ON ACTIVITIES IN LOGANS BEACH EXCLUSION ZONE 2 13. Offence to enter Logans Beach Exclusion Zone 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2001 S.R. No. 4/2001 Wildlife Act 1975 Wildlife (Whales) (Logans Beach) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 30 January 2001 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 1 to provide for the protection of whales at Logans Beach by introducing a period during which the use of vessels is prohibited in a specified area. 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 February 2001. 4. Definitions -- 2 of 5 -- S.R. No. 4/2001 Wildlife (Whales) (Logans Beach) Regulations 2001 2 In regulation 3 of the Wildlife (Whales) Regulations 1998 insert the following definitions— ' "Logans Beach Exclusion Zone" means the land and waters, the outward boundary of which commences at the south eastern most tip of Point Ritchie then out to sea in the direction 350º magnetic to a point located at latitude 38! 24' 84", longitude 142! 30' 31", then by a line in a south easterly direction to a point at latitude 38! 25' 91", longitude 142! 32' 49", then by a line in the direction of 35º magnetic towards Gaul's Cave to the low water mark and then by the low water mark following the shore line to the low water mark at the south eastern most tip of Point Ritchie; "prohibited period" means 1 June to 31 October in any year; "vessel" has the same meaning as in the Marine Act 1988.'. 5. Insertion of new Part 4 in the Wildlife (Whales) Regulations 1998 After Part 3 of the Wildlife (Whales) Regulations 1998 insert— "PART 4—PROHIBITION ON ACTIVITIES IN LOGANS BEACH EXCLUSION ZONE 13. Offence to enter Logans Beach Exclusion Zone (1) A person in charge of a vessel (including a personal watercraft) must ensure that the vessel does not enter in or remain in the Logans Beach Exclusion Zone at any time during the prohibited period. -- 3 of 5 -- S.R. No. 4/2001 Wildlife (Whales) (Logans Beach) Regulations 2001 3 Penalty: 20 penalty units. (2) Sub-regulation (1) does not apply to— (a) any authorised officer or any employee of the Department of Natural Resources and Environment, acting in the course of his or her duties; or (b) a person who has been granted a permit in accordance with section 78(1)(c), (d), (e) or (f) of the Act. (3) The Minister, by instrument published in the Government Gazette, may declare that sub- regulation (1) does not apply during any part of a prohibited period and, if the Minister has made such a declaration, sub-regulation (1) does not apply during any period so declared.". ═══════════════ r. 5 -- 4 of 5 -- S.R. No. 4/2001 Wildlife (Whales) (Logans Beach) Regulations 2001 4 ENDNOTES 1 Reg. 1: S.R. No. 152/1998. Endnotes -- 5 of 5 --