New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 112G

112G Approaching marine mammal

(1) A person must not approach a marine mammal any closer than such distance as may be prescribed by the regulations or interfere with a marine mammal.

Penalty: 1,000 penalty units or imprisonment for 2 years or both.

(2) If:

(a) a person is convicted by the Land and Environment Court of an offence arising under this section, and

(b) the Court is satisfied that the person committed the offence in the course of commercial operations relating to the killing of marine mammals,

the maximum penalty that the Court may impose in respect of the offence is 2,000 penalty units.

(3) A person must not be convicted of an offence under this section if the person proves that the act constituting the offence was done under and in accordance with or by virtue of the authority conferred by a general licence under section 120, a scientific licence under section 132C or a licence under Part 6 of the Threatened Species Conservation Act 1995 .

(4) If the provisions of any other Act or instrument made under any other Act authorise or require anything to be done that would constitute an offence under this section:

(a) the provisions of this section prevail, except if the other Act is the Rural Fires Act 1997 or the State Emergency and Rescue Management Act 1989 , and

(b) a person must not to be convicted of an offence against the other Act or instrument because of the person’s failure to comply with the other Act or instrument if compliance with the other Act or instrument would constitute an offence under this section.

(5) A reference in section 112F, 120, 129, 132C, 132D or 171 to harming any fauna includes, so far as is applicable in relation to a marine mammal, approaching or interfering with the marine mammal as referred to in subsection (1).

(6) In this section, "interfere with" includes harass, chase, herd, tag, mark and brand.