Commonwealth Consolidated Regulations(1) This regulation applies to a person who is entering the water, or in the water, in the Marine Park.
(2) The person must not enter the water within 100 metres of a whale or within 50 metres of a dolphin .
Penalty: 50 penalty units.
(3) The person must not, while in the water, approach within 30 metres of a cetacean.
Penalty: 50 penalty units.
(4) If a cetacean comes within 30 metres of a person in the water, the person:
(a) must move slowly to avoid startling the cetacean; and
(b) must not touch the cetacean or swim towards it.
Penalty: 50 penalty units.
(5) An offence under subregulation (3) or (4) is an offence of strict liability.
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