Wildlife (Whales) Regulations 1998
i
Wildlife (Whales) Regulations 1998
S.R. No. 152/1998
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provisions 2
3. Definitions 2
4. Prescribed minimum distance 2
PART 2—PERMITS UNDER SECTION 78 4
5. Conditions of all permits issued under section 78(1)(g) of the Act 4
6. Additional conditions of permits issued under section 78(1)(g)
of the Act authorising dolphin swims 6
7. Additional conditions of permits issued under section 78(1)(g)
of the Act authorising dolphin sightseeing 9
8. Fees for permits under section 78 10
PART 3—GENERAL RESTRICTIONS ON ACTIVITIES
RELATING TO WHALES 11
9. Offences relating to persons in charge of vessels or using
personal watercraft in waters in the vicinity of whales 11
10. Offence relating to person in charge of aircraft in the vicinity
of whales 12
11. Offence to make noise or play back recordings in the vicinity
of whales 12
12. Offence to feed whales 12
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1
STATUTORY RULES 1998
S.R. No. 152/1998
Wildlife Act 1975
Wildlife (Whales) Regulations 1998
The Governor in Council makes the following Regulations:
Dated: 1 December 1998
Responsible Minister:
MARIE TEHAN
Minister for Conservation and Land Management
SHARNE BRYAN
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to—
(a) provide for the long term protection of
whales by—
(i) prohibiting or regulating activities
connected with whale watching
generally and activities related to the
stranding of whales; and
(ii) prescribing conditions of permits issued
under section 78(1)(g) of the Act; and
(b) prescribe the fees payable for the issue of a
permit under section 78(1)(g) of the Act.
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2. Authorising provisions
These Regulations are made under sections 85A
and 87 of the Wildlife Act 1975.
3. Definitions
In these Regulations—
"Act" means the Wildlife Act 1975;
"dolphin swim" means an activity that involves
persons being in the water for the purpose of
observing or swimming with a dolphin;
"dolphin sightseeing" means an activity that
involves persons being on a vessel for the
purpose of observing a dolphin;
"mermaid line" means a line with floats attached
that is connected to a tour vessel;
"Ticonderoga Bay Sanctuary Zone" means all
the waters of Port Phillip Bay that are within
500 metres of the water shoreline between
Police Point and the Cattle Jetty Ruins;
"tour supervisor" means a person appointed by
the holder of a permit issued under section
78(1)(g) of the Act to supervise persons
participating in a tour conducted under that
permit;
"tour vessel" means the vessel specified in a
permit issued under section 78(1)(g) of the
Act authorising tours involving dolphin
swims or dolphin sightseeing.
4. Prescribed minimum distance
For the purposes of sections 75 and 78 of the Act,
the prescribed minimum distance is—
(a) in the case of a whale which is stranded on
land or in waters less than one metre deep,
50 metres; or
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(b) in the case of any other whale—
(i) if using a motorised vessel (including a
personal watercraft), other than one
carrying passengers for hire or reward,
100 metres;
(ii) if using a motorised vessel carrying
passengers for hire or reward—
(A) outside the waters of Ticonderoga
Bay Sanctuary Zone, 150 metres;
or
(B) inside the waters of Ticonderoga
Bay Sanctuary Zone, 200 metres;
(iii) if swimming or diving, 30 metres;
(iv) if using a motorised swimming aid,
100 metres;
(v) if using a surfboard, 30 metres;
(vi) if using any other watercraft,
100 metres.
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PART 2—PERMITS UNDER SECTION 78
5. Conditions of all permits issued under section
78(1)(g) of the Act
(1) A permit issued under section 78(1)(g) of the Act
authorising tours involving dolphin swims or
dolphin sightseeing is subject to the conditions
specified in this regulation.
(2) The permit holder—
(a) must ensure that the tour vessel does not
approach or remain within 200 metres of
another tour vessel if that tour vessel is
within 100 metres of a dolphin; and
(b) subject to paragraphs (a) and (j), must ensure
that the tour vessel does not approach within
a distance of less than 50 metres from a
dolphin; and
(c) must ensure that a motorised diving or
swimming aid is not used, or allowed to be
used, from the tour vessel within 100 metres
of a dolphin or any other whale except in an
emergency in which human lives are
threatened; and
(d) must not touch or attempt to touch, and must
ensure that no person on the tour vessel
touches or attempts to touch, a dolphin or
any other whale; and
(e) must not feed or attempt to feed, and must
ensure that no person on the tour vessel feeds
or attempts to feed, a dolphin or any other
whale; and
(f) must ensure that signs are clearly posted on
the tour vessel in places where all persons on
the tour vessel are reasonably likely to see
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them, advising of the requirements of these
Regulations and the conditions of the permit;
and
(g) must ensure that all persons on the tour
vessel, other than employees, are under the
direct supervision of the tour supervisor at
all times while they are on board the vessel;
and
(h) must ensure that the tour vessel—
(i) does not approach a dolphin or any
other whale head on; or
(ii) is not in the path of a dolphin or any
other whale; or
(iii) does not separate a dolphin or any other
whale from a group of dolphins or other
whales; or
(iv) does not come between a mother
dolphin and calf or any other mother
whale and calf; and
(i) must ensure that, when the tour vessel is
moved within 300 metres of a dolphin or any
other whale—
(i) it is moved at a constant speed not
exceeding 5 knots; and
(ii) sudden changes in direction are
avoided; and
(iii) if the dolphin or whale shows any sign
of disturbance, the tour vessel is
manoeuvered to a distance of at least
200 metres from the dolphin or whale;
and
(j) while in the Ticonderoga Bay Sanctuary
Zone must ensure that the tour vessel does
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not approach a dolphin within a distance of
less than 100 metres; and
(k) must not make, and must ensure that no
person on the tour vessel makes, any loud or
sudden noise; and
(l) must not play back, and must ensure that no
person on the tour vessel plays back, any
underwater sound or recording of any kind;
and
(m) must ensure that an anchor is not dropped or
lowered overboard from the tour vessel
within 300 metres of a dolphin or any other
whale.
6. Additional conditions of permits issued under section
78(1)(g) of the Act authorising dolphin swims
(1) In addition to the conditions specified in
regulation 5, a permit issued under section
78(1)(g) of the Act authorising tours involving
dolphin swims, is subject to the conditions
specified in this regulation.
(2) The permit holder—
(a) must ensure that a dolphin swim is not
conducted within 100 metres of the water
shoreline; and
(b) must ensure that a dolphin swim does not
continue for more than 20 minutes; and
(c) must ensure that—
(i) a mermaid line is placed in the water
before any person enters the water from
the tour vessel; and
(ii) a mermaid line is in the water for no
more than 20 minutes at any one time;
and
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(iii) any person who takes part in a dolphin
swim from that tour vessel, who is not
the permit holder or an employee of the
permit holder, holds onto the mermaid
line at all times while in the water; and
(iv) the mermaid line remains in the water
until all persons taking part in the
dolphin swim have reboarded the tour
vessel; and
(d) must—
(i) whilst in the water for the purposes of
assisting persons taking part in a
dolphin swim, remain within 10 metres
of the mermaid line; and
(ii) ensure that any of his or her employees,
whilst in the water for the purposes of
assisting persons taking part in a
dolphin swim, remain within 10 metres
of the mermaid line—
except in an emergency in which human
lives are threatened; and
(e) must not reposition a tour vessel during a
dolphin swim; and
(f) must not enter, and must ensure that no
person on the tour vessel, enters the water at
a distance of less than 30 metres from a
dolphin; and
(g) must ensure that no more than 10 persons,
not including himself or herself and any of
his or her employees, participate in a dolphin
swim; and
(h) must not approach, and must ensure that no
person involved in a dolphin swim,
approaches, a dolphin at a distance of less
than 30 metres; and
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(i) must ensure that a dolphin swim does not
commence if a foetal fold calf is present; and
(j) must ensure that, if a dolphin swim has
commenced and a foetal fold calf is
detected, all persons involved in the dolphin
swim return to and reboard the tour vessel
immediately; and
(k) must ensure that, before the first dolphin
swim on each tour is commenced, all persons
on the tour vessel are verbally advised of the
requirements of these Regulations; and
(l) must, in respect of each month keep a
monthly return in the form provided by the
Secretary and must ensure that there is
clearly and accurately recorded on the return
at the end of each tour, conducted in the
month to which the return applies, and
before any person disembarks from the
vessel—
(i) the name of the tour supervisor on that
tour; and
(ii) the number of persons, other than
employees, on the tour vessel during
that tour; and
(iii) the number of persons, other than
employees, on that tour who
participated in a dolphin swim during
the tour; and
(iv) any other information required by the
Secretary; and
(m) must ensure that each return completed
under paragraph (l) is forwarded to the
Secretary by the 14th day of the month
following the period of the return; and
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(n) must ensure that a return referred to in
paragraph (l), is made available for
inspection by an authorised officer upon
request; and
(o) must ensure that any person who participates
in a dolphin swim from that tour vessel does
not use underwater breathing equipment
while in the water, other than a snorkel; and
(p) must ensure that the total number of persons
who participate in dolphin swims from that
tour vessel on any one day does not
exceed 50.
(3) For the purposes of this regulation a dolphin swim
is deemed to commence when a mermaid line is
first deployed in the water.
7. Additional conditions of permits issued under section
78(1)(g) of the Act authorising dolphin sightseeing
(1) In addition to the conditions specified in
regulation 5, a permit issued under
section 78(1)(g) of the Act authorising tours
involving dolphin sightseeing, is subject to the
conditions specified in this regulation.
(2) The permit holder—
(a) must ensure that, before a dolphin is
approached at a distance of less than
100 metres, all persons on the tour vessel are
verbally advised of the requirements of these
Regulations; and
(b) must, in respect of each month keep a
monthly return in the form provided by the
Secretary and must ensure that there is
clearly and accurately recorded on the return
at the end of each tour conducted in the
month to which the return applies, and
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before any person disembarks from the
vessel—
(i) the number of occasions that the tour
vessel remained within 100 metres of a
dolphin during that tour; and
(ii) the length of time, for each occasion,
during that tour that the tour vessel
remained within 100 metres of a
dolphin; and
(iii) any other information required by the
Secretary; and
(c) must ensure that every return completed
under paragraph (b) is forwarded to the
Secretary by the 14th day of the month
following the period of the return; and
(d) must ensure that a return referred to in
paragraph (b), is made available for
inspection by an authorised officer upon
request; and
(e) must ensure that the tour vessel does not
remain within 100 metres of a dolphin for
more than 20 minutes at a time.
8. Fees for permits under section 78
(1) The fee payable for a permit under
section 78(1)(g) of the Act authorising tours
involving dolphin swims is $700.
(2) The fee payable for a permit under
section 78(1)(g) of the Act authorising tours
involving dolphin sightseeing is $375.
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PART 3—GENERAL RESTRICTIONS ON ACTIVITIES
RELATING TO WHALES
9. Offences relating to persons in charge of vessels or
using personal watercraft in waters in the vicinity of
whales
(1) A person in charge of a vessel or a personal
watercraft in waters within 300 metres of whales
must not—
(a) cause or permit that vessel or personal
watercraft—
(i) to approach a whale head on; or
(ii) to be in the path of a whale; or
(iii) to separate any whale from a group of
whales; or
(iv) to come between a mother and calf; or
(b) cause or permit an anchor to be dropped or
lowered overboard from the vessel.
Penalty: 20 penalty units.
(2) A person in charge of a vessel or using a personal
watercraft in waters within 300 metres of a whale
must—
(a) when moving the vessel or personal
watercraft, do so at a constant speed that
does not exceed 5 knots; and
(b) avoid sudden changes in direction; and
(c) manoeuvre the vessel or personal watercraft
to a distance of at least 200 metres from the
whale if the whale shows any sign of
disturbance.
Penalty: 20 penalty units.
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(3) A person in charge of a vessel or using a personal
watercraft must not be within 100 metres of a tour
vessel conducting a dolphin swim.
Penalty: 20 penalty units.
10. Offence relating to person in charge of aircraft in the
vicinity of whales
A person in charge of an aircraft must not
manoeuvre the aircraft lower than 300 metres
above an area within 300 metres of a whale.
Penalty: 20 penalty units.
11. Offence to make noise or play back recordings in the
vicinity of whales
A person who is within 300 metres of a whale
must not—
(a) make, or cause to be made, any loud or
sudden noise; or
(b) play back, or cause to be played back, any
underwater sound or recording of any kind.
Penalty: 20 penalty units.
12. Offence to feed whales
A person must not feed or attempt to feed a whale.
Penalty: 20 penalty units.
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