Commonwealth Consolidated Regulations

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - REG 8.04

Prohibited vessel

         (1)   This regulation applies to a person who is operating a prohibited vessel.

         (2)   A prohibited vessel must not approach closer than 300 metres to a cetacean.

         (3)   A prohibited vessel must move, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.

Note    A boat travelling at a speed that is the equivalent of a brisk walking pace is not exceeding 6 knots.

         (4)   If a prohibited vessel is operated in a way that contravenes subregulation (2) or (3), the person operating the vessel is guilty of an offence.

Penalty:   50 penalty units.

         (5)   An offence under subregulation (4) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .



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