Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies:
(a) to a person who is operating a vessel that is not a prohibited vessel; and
(b) in relation to cetaceans other than calves.
Note Regulation 8.06 contains special provisions for calves.
(2) Within the caution zone for a cetacean to which this regulation applies, the person must:
(a) operate the vessel at a constant speed of less than 6 knots and minimise noise; and
(b) make sure the vessel does not drift or approach closer to the cetacean than:
(i) for a dolphin -- 50 metres; or
(ii) for a whale -- 100 metres; and
(c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots; and
(d) if there is more than 1 person on the vessel, post a lookout for cetaceans; and
(e) subject to paragraph (b), approach the cetacean only:
(i) from the rear, no closer than 30 degrees to its observed direction of travel; or
(ii) by positioning the vessel ahead of the cetacean at more than 30 degrees from its observed direction of travel; and
(f) make sure the vessel does not restrict the path of the cetacean; and
(g) make sure the vessel is not used to pursue the cetacean.
Penalty: 50 penalty units.
Note If a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2) (b), subregulations (4) and (5) apply.
(3) The person must not enter the caution zone of a cetacean to whom this regulation applies if there are already 3 vessels in the caution zone.
Penalty: 50 penalty units.
(4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2) (b), the person must:
(a) disengage the gears and let the whale approach; or
(b) reduce the speed of the vessel and continue on a course away from the whale.
Penalty: 50 penalty units.
(5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2) (b), the person must not change the course or speed of the vessel suddenly.
Penalty: 50 penalty units.
(6) It is a defence to an offence against paragraph (2) (b) that the cetacean has approached the vessel.
(7) An offence under subregulation (2), (3), (4) or (5) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .