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NATIONAL PARKS AND WILDLIFE (PROTECTED ANIMALS--MARINE MAMMALS) REGULATIONS 2010 - REG 4

NATIONAL PARKS AND WILDLIFE (PROTECTED ANIMALS--MARINE MAMMALS) REGULATIONS 2010 - REG 4

4—Interpretation

In these regulations, unless the contrary intention appears—

"Act" means the National Parks and Wildlife Act 1972 ;

"aircraft" means any machine or equipment designed to be flown by a person who has control over its speed and direction of movement but does not include a hovercraft;

"calf" means—

            (a)         in the case of a dolphin—a dolphin that is generally in close proximity to an adult dolphin of the same species and is less than half the length of that dolphin;

            (b)         in the case of a whale—a whale that is generally in close proximity to an adult whale of the same species and is less than half the length of that whale;

"Encounter Bay Restricted Area"—see Schedule 1;

"motorised vessel" means a vessel that has a motor or engine as its principal source, or 1 of its principal sources, of motive power;

"observe", in relation to a marine mammal, means—

            (a)         to watch or listen to the marine mammal; or

            (b)         to film or take photographs of the marine mammal; or

            (c)         to make audio, video or other recordings of the marine mammal,

(including by means of remotely controlled equipment);

"personal watercraft" means a jet ski or other motorised vessel designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel;

"prescribed vessel" means any of the following vessels:

            (a)         a personal watercraft;

            (b)         a vessel used to engage in water skiing;

            (c)         a vessel used to engage in parasailing;

            (d)         a hovercraft;

            (e)         a hydrofoil;

            (f)         a wing-in-ground effect craft;

"prescribed viewing structure" means a jetty, boardwalk or other man-made viewing platform or structure;

"pup" means a young seal or sea lion that is less than 1 metre in length or is suckling;

"signs of disturbance"—see regulation 9;

"submersible" means a vessel designed to be operated or used underwater;

"swimmer" includes a person using a bodyboard, boogie board or surfboard;

"vessel" means a boat or other craft, or a device, that is designed—

            (a)         to be operated or used on or in water; and

            (b)         to be navigated or manoeuvred by a person who has control over its speed and direction of movement,

and includes a submersible but does not include a bodyboard, boogie board or surfboard.