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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Wildlife Amendment (Marine Mammals) Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Authorisations to take etc. wildlife 4
5 Insertion of new Part IIIB 5
PART IIIB--AUTHORISATION ORDERS 5
28G Authorisation Orders as to taking etc. wildlife 5
28H Authorisation Orders as to disturbing wildlife 6
28I Conditions in authorisation orders 7
28J Publication and commencement of authorisation order 7
28K Period of authorisation order 8
6 Offence to hunt etc. threatened wildlife 8
7 Repeal of offence as to hunting etc. notable wildlife 8
8 Hunting, taking or destroying protected wildlife 9
9 Hunting etc. game 9
10 Acquiring etc. threatened wildlife 10
11 Repeal of offence as to acquiring etc. notable wildlife 11
12 Acquiring etc. protected wildlife 11
13 Consequential repeal of references to sections 12
14 Repeal of declaration power 12
15 Consequential repeal of references to sections 12
16 Consequential repeal of reference to section 12
17 Marking protected wildlife 12
18 Disturbing protected wildlife 13
19 Consequential repeal of references to sections 15
20 Consequential amendment of terminology 15
21 Offence of taking whale not to apply to authorised officers in
certain circumstances 15
22 Insertion of new section 77A 16
77A Offence to approach whales 16
23 Repeal of power to issue permits to kill whales 16
24 Consequential repeal of provision as to killing of whales 16
25 Power of authorised officer to give directions 17
26 Substitution of Division heading 18
561177B.I-25/6/2008 i BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Clause Page
27 Substitution of sections 83 to 83G 19
83 Offence to conduct whale watching tour 19
83A Power to grant whale watching tour permits 19
83B Constraints on the granting of whale watching tour
permits 20
83C Offence to conduct whale swim tour 20
83D Power to grant whale swim tour permits 20
83E Constraints on the granting of whale swim tour permits 21
83F Determination of limited permit areas 22
83G Notice of proposal to make limited permit area
determination 23
83GA Submissions on proposal to make limited permit area
determination 23
83GB Amendment or revocation of limited permit area
determination 24
83GC Permits in limited permit areas to be granted on
determination of Secretary 24
83GD Applications for permits 26
83GE Fees for permits 26
83GF Period of permit 27
83GG Renewal of permit 27
28 Consequential amendment of reference to Order 27
29 Insertion of section heading 28
30 Insertion of new Part XA 28
PART XA--PROTECTION OF SEALS 28
85B Offence to conduct seal tour 28
85C Power to grant seal tour permit 28
85D Applications for seal tour permits 29
85E Fee payable for seal tour permit 29
85F Period of seal tour permit 29
85G Renewal of seal tour permit 29
85H Conditions of seal tour permits 30
85I Breach of condition an offence 30
85J Variation of seal tour permits 30
85K Suspension of seal tour permits 31
85L Making submissions on suspension 31
85M Power of Secretary to cancel seal tour permit 32
31 Consequential amendment of terminology 33
32 Consequential repeal of references to sections 33
33 Amendment of regulation making powers 33
34 Insertion of new sections 93 to 95 35
93 Transitional provisions--2008 Act 35
94 Transitional provisions--2008 Act--whale watching
tours by aircraft 36
95 Transitional provisions--2008 Act--seal tours 38
561177B.I-25/6/2008 ii BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Clause Page
35 Consequential amendment of Crimes (Controlled
Operations) Act 2004 38
36 Repeal of Act 38
ENDNOTES 39
561177B.I-25/6/2008 iii BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Wildlife Amendment (Marine
Mammals) Bill 2008
A Bill for an Act to amend the Wildlife Act 1975 to further provide
for marine mammals and other matters, to amend the Crimes
(Controlled Operations) Act 2004, and for other purposes.
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are to--
(a) amend the Wildlife Act 1975 to further
provide for permits as to whale watching
5 tours and whale swim tours; and
(b) amend the Wildlife Act 1975 to provide for
seal tour permits; and
(c) amend the Wildlife Act 1975 to extend
powers to make regulations under the Act;
10 and
561177B.I-25/6/2008 1 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 2
(d) amend the Wildlife Act 1975 to make
further provision for authorisations to carry
out activities otherwise prohibited by the
Act; and
5 (e) to make other minor amendments to the
Wildlife Act 1975; and
(f) to make related amendments to the Crimes
(Controlled Operations) Act 2004.
2 Commencement
10 (1) This Act, other than sections 3(1), 22, 25, 26, 27,
28, 29 and 30 comes into operation on the day
after the day on which this Act receives the Royal
Assent.
(2) Subject to subsection (3), sections 3(1), 22, 25, 26,
15 27, 28, 29 and 30 come into operation on a day or
days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 December 2009,
it comes into operation on that day.
20 3 Definitions
See: (1) In section 3(1) of the Wildlife Act 1975--
Act No.
8699.
Reprint No. 8
(a) insert the following definitions--
as at
29 February "aircraft means any machine or equipment
2008 that is designed to be flown by a person
and
25 amending who has control over its speed and
Act No. direction of movement, but does not
16/2004.
LawToday: include a hovercraft;
www.
legislation. limited permit area means an area that is the
vic.gov.au subject of a limited permit area
30 determination;
limited permit area determination means a
determination under section 83F;
561177B.I-25/6/2008 2 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 3
seal means any wildlife that is a member of
the family Otariidae or the family
Phocidae;
seal tour means an activity conducted for
5 profit that involves--
(a) one or more persons, on land,
observing or interacting with
seals; or
(b) one or more persons being in a
10 vessel on water or being in water
to observe or swim with one or
more seals;
seal tour permit means a permit granted
under section 85C;
15 vessel means any kind of vessel that is used,
or capable of being used, in navigation
by water, however propelled or moved,
and includes--
(a) a barge, lighter, floating restaurant
20 or other floating vessel; and
(b) an air-cushion vehicle or other
similar craft, that is used in
navigation by water; and
(c) any aeroplane that is designed for
25 and capable of being waterborne,
for so long as that aeroplane is
waterborne;
whale swim tour means an activity
conducted for profit that involves one
30 or more persons being in water to
observe or swim with one or more
whales;
whale watching tour means an activity
conducted for profit that involves
35 causing a vessel or aircraft to approach
561177B.I-25/6/2008 3 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 4
one or more whales at a distance, that is
less than the prescribed minimum
distance for the kind of aircraft or
vessel, for the purpose of enabling
5 persons on the vessel or aircraft to
observe the whale or whales;
whale watching tour permit means a permit
granted under section 83A;";
(b) the definition of whale sightseeing permit is
10 repealed;
(c) for the definition of whale swim tour permit
substitute--
"whale swim tour permit means a permit
granted under section 83D;".
15 (2) In section 3(1) of the Wildlife Act 1975--
(a) insert the following definitions--
"authorisation order means an order made
under section 28G or 28H;
threatened wildlife means protected wildlife
20 that is specified in any list made under
section 10(1) of the Flora and Fauna
Guarantee Act 1988;";
(b) the definitions of endangered wildlife and
notable wildlife are repealed.
25 4 Authorisations to take etc. wildlife
(1) In section 28A(1) of the Wildlife Act 1975--
(a) in paragraph (b), for "wildlife--" substitute
"wildlife;";
(b) after paragraph (b) insert--
30 "(ba) mark wildlife, handle wildlife for the
purpose of marking it and interfere with
the markings on wildlife--".
561177B.I-25/6/2008 4 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 5
(2) After section 28A(1) of the Wildlife Act 1975
insert--
"(1A) The Secretary may give written authorisation
to a person to disturb wildlife or cause
5 wildlife to be disturbed if the Secretary is
satisfied that the authorisation is necessary--
(a) because the wildlife is damaging any
building, vineyard, orchard, crop, tree,
pasture, habitat or other property,
10 owned, occupied or administered by the
person to whom the authorisation is to
be issued or property adjacent to or in
proximity to such property; or
(b) to support a recognised wildlife
15 management plan.".
5 Insertion of new Part IIIB
After Part IIIA of the Wildlife Act 1975 insert--
"PART IIIB--AUTHORISATION ORDERS
28G Authorisation Orders as to taking etc.
20 wildlife
(1) The Governor in Council, on the
recommendation of the Minister, may make
an order authorising a class of person to do
all or any of the following--
25 (a) hunt, take or destroy wildlife;
(b) buy, sell, acquire, receive, dispose of,
keep, possess, control, breed, process,
display, take samples from or
experiment on wildlife;
30 (c) mark wildlife, handle wildlife for the
purpose of marking it and interfere with
the markings on wildlife.
561177B.I-25/6/2008 5 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 5
(2) The Minister must not make a
recommendation under subsection (1) unless
he or she is satisfied that the making of the
order is necessary--
5 (a) because wildlife is damaging buildings,
vineyards, orchards, crops, trees,
pastures, habitats or other property and
authority is to be given by the order to
owners, occupiers or administrators of
10 such property or persons living in the
vicinity of such property; or
(b) for the purposes of the management,
conservation, protection or control of
wildlife or for the purposes of
15 education about wildlife, research into
wildlife or scientific or other study of
wildlife; or
(c) for aboriginal cultural purposes; or
(d) for the purposes of enabling the care,
20 treatment or rehabilitation of sick,
injured or orphaned wildlife; or
(e) for the purposes of ensuring the health
or safety of any person or class of
persons; or
25 (f) to support a recognised wildlife
management plan.
28H Authorisation Orders as to disturbing
wildlife
(1) The Governor in Council, on the
30 recommendation of the Minister, may make
an order authorising a class of person to
disturb wildlife or cause wildlife to be
disturbed.
561177B.I-25/6/2008 6 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 5
(2) The Minister must not make a
recommendation under subsection (1) unless
he or she is satisfied that the making of the
order is necessary--
5 (a) because wildlife is damaging buildings,
vineyards, orchards, crops, trees,
pastures, habitats or other property and
authority is to be given by the order to
owners, occupiers or administrators of
10 such property or persons living in the
vicinity of such property; or
(b) to support a recognised wildlife
management plan.
28I Conditions in authorisation orders
15 (1) The Governor in Council may impose
conditions on the carrying out of any activity
under an authorisation order.
(2) Regulations made under this Act may
impose conditions on the carrying out of any
20 activity under an authorisation order.
28J Publication and commencement of
authorisation order
(1) An authorisation order must be published in
the Government Gazette.
25 (2) An authorisation order comes into operation
on--
(a) the day specified in the order, which
must not be before the day on which the
order is published in the Government
30 Gazette; or
(b) if no day is specified in the order, the
day after the day on which the order is
published in the Government Gazette.
561177B.I-25/6/2008 7 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 6
28K Period of authorisation order
An authorisation order remains in force for
the period specified in the order, or for
3 years from the commencement of the order
5 (whichever is the earlier).".
6 Offence to hunt etc. threatened wildlife
(1) Insert the following heading to section 41 of the
Wildlife Act 1975--
"Hunting, taking or destroying threatened
10 wildlife".
(2) In section 41(1) of the Wildlife Act 1975 for
"endangered" substitute "threatened".
(3) For section 41(2) of the Wildlife Act 1975
substitute--
15 "(2) Subsection (1) does not apply to a person--
(a) who holds a licence or authorisation
that authorises the hunting, taking or
destroying of threatened wildlife, when
that person is acting in accordance with
20 the licence or authorisation; or
(b) who is a member of a class of person in
respect of whom an authorisation order
has been made that authorises the
hunting, taking or destroying of
25 threatened wildlife, when that person is
acting in accordance with the order.".
7 Repeal of offence as to hunting etc. notable wildlife
Section 42 of the Wildlife Act 1975 is repealed.
561177B.I-25/6/2008 8 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 8
8 Hunting, taking or destroying protected wildlife
(1) For section 43(2) of the Wildlife Act 1975
substitute--
"(2) Subsection (1) does not apply to a person--
5 (a) who holds a licence or authorisation
that authorises the hunting, taking or
destroying of other protected wildlife,
when that person is acting in
accordance with the licence or
10 authorisation; or
(b) who is a member of a class of person in
respect of whom an authorisation order
has been made that authorises the
hunting, taking or destroying of other
15 protected wildlife, when that person is
acting in accordance with the order.".
(2) In section 43(3) of the Wildlife Act 1975, for
"which is not endangered or notable wildlife"
substitute "which is not threatened wildlife".
20 9 Hunting etc. game
(1) For section 44(2) of the Wildlife Act 1975
substitute--
"(2) Subsection (1) does not apply to a person--
(a) who holds an authorisation that
25 authorises the hunting, taking or
destroying of that taxon of game, when
that person is acting in accordance with
the authorisation; or
(b) who is a member of a class of person in
30 respect of whom an authorisation order
has been made that authorises the
hunting, taking or destroying of that
taxon of game, when that person is
acting in accordance with the order.".
561177B.I-25/6/2008 9 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 10
(2) For section 44(4) of the Wildlife Act 1975
substitute--
"(4) Subsection (3) does not apply to a person--
(a) who holds a licence or authorisation
5 that authorises the hunting, taking or
destroying of that taxon of game, when
that person is acting in accordance with
the licence or authorisation; or
(b) who is a member of a class of person in
10 respect of whom an authorisation order
has been made that authorises the
hunting, taking or destroying of that
taxon of game, when that person is
acting in accordance with the order.".
15 10 Acquiring etc. threatened wildlife
(1) Insert the following heading to section 45 of the
Wildlife Act 1975--
"Acquiring etc. threatened wildlife".
(2) In section 45(1) of the Wildlife Act 1975, for
20 "endangered wildlife" substitute "threatened
wildlife".
(3) For section 45(2) of the Wildlife Act 1975
substitute--
"(2) Subsection (1) does not apply to a person--
25 (a) who holds a licence or authorisation
that authorises the buying, selling,
acquiring, receiving, disposing of,
keeping, possessing, controlling,
breeding, processing, displaying, taking
30 samples from or experimenting on
threatened wildlife, when that person is
acting in accordance with the licence or
authorisation; or
561177B.I-25/6/2008 10 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 11
(b) who is a member of a class of person in
respect of whom an authorisation order
has been made that authorises the
buying, selling, acquiring, receiving,
5 disposing of, keeping, possessing,
controlling, breeding, processing,
displaying, taking samples from or
experimenting on threatened wildlife,
when that person is acting in
10 accordance with the order.".
11 Repeal of offence as to acquiring etc. notable
wildlife
Section 46 of the Wildlife Act 1975 is repealed.
12 Acquiring etc. protected wildlife
15 (1) For section 47(2) of the Wildlife Act 1975
substitute--
"(2) Subsection (1) does not apply to a person--
(a) who holds a licence or authorisation
that authorises the buying, selling,
20 acquiring, receiving, disposing of,
keeping, possessing, controlling,
breeding, processing, displaying, taking
samples from or experimenting on
other protected wildlife, when that
25 person is acting in accordance with the
licence or authorisation; or
(b) who is a member of a class of person in
respect of whom an authorisation order
has been made that authorises the
30 buying, selling, acquiring, receiving,
disposing of, keeping, possessing,
controlling, breeding, processing,
displaying, taking samples from or
experimenting on other protected
35 wildlife, when that person is acting in
accordance with the order.".
561177B.I-25/6/2008 11 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 13
(2) In section 47(3) of the Wildlife Act 1975, for
"endangered or notable wildlife" substitute
"threatened wildlife".
13 Consequential repeal of references to sections
5 (1) Insert the following heading to section 47A of the
Wildlife Act 1975--
"Exemptions from certain sections".
(2) In section 47A of the Wildlife Act 1975, for
"Sections 41, 42, 43, 44, 45, 46 and 47" substitute
10 "Sections 41, 43, 44, 45 and 47".
14 Repeal of declaration power
Section 47B of the Wildlife Act 1975 is repealed.
15 Consequential repeal of references to sections
In section 47C of the Wildlife Act 1975, for
15 "Sections 41, 42, 43, 45, 46 and 47" substitute
"Sections 41, 43, 45 and 47".
16 Consequential repeal of reference to section
In section 47E of the Wildlife Act 1975,
omit "42,".
20 17 Marking protected wildlife
(1) In section 51(1) of the Wildlife Act 1975, omit
"without the authority in writing of the Secretary".
(2) After section 51(1) of the Wildlife Act 1975
insert--
25 "(1A) Subsection (1) does not apply to a person--
(a) who holds a licence or authorisation
that authorises the person to handle and
mark the wildlife, when that person is
acting in accordance with the licence or
30 authorisation; or
561177B.I-25/6/2008 12 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 18
(b) who is a member of a class of person in
respect of whom an authorisation order
has been made that authorises the
handling and marking of the wildlife,
5 when that person is acting in
accordance with the order.".
(3) For section 51(2) of the Wildlife Act 1975
substitute--
"(2) A person must not interfere with a mark
10 which has been placed on protected wildlife
in accordance with this Act.
Penalty: 100 penalty units.
(3) Subsection (2) does not apply to--
(a) an authorised officer who is acting in
15 the course of his or her duties; or
(b) a person who holds a licence or
authorisation that authorises the
interfering with markings on protected
wildlife, when that person is acting in
20 accordance with the licence or
authorisation; or
(c) who is a member of a class of person in
respect of whom an authorisation order
has been made that authorises the
25 interfering with markings on protected
wildlife, when that person is acting in
accordance with the order.".
18 Disturbing protected wildlife
(1) Insert the following heading to section 58 of the
30 Wildlife Act 1975--
"Molesting and disturbing etc. protected
wildlife".
561177B.I-25/6/2008 13 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 18
(2) For section 58(2) of the Wildlife Act 1975
substitute--
"(2) Subsection (1) does not apply to a person--
(a) who is disturbing wildlife or causing
5 wildlife to be disturbed--
(i) who holds an authorisation under
section 28A(1) that authorises the
person to disturb wildlife or cause
wildlife to be disturbed, when that
10 person is acting in accordance
with the authorisation; or
(ii) who is a member of a class of
person in respect of whom an
authorisation order has been made
15 that authorises the disturbing of
wildlife or the causing of wildlife
to be disturbed, when that person
is acting in accordance with the
order; or
20 (b) who holds any other authorisation or a
licence under this Act that authorises
the person to--
(i) wilfully molest or injure protected
wildlife or wilfully cause
25 protected wildlife to be molested
or injured; or
(ii) wilfully disturb, chase or herd
protected wildlife or wilfully
cause protected wildlife to be
30 disturbed, chased or herded; or
561177B.I-25/6/2008 14 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 19
(iii) wilfully separate protected
wildlife from its young or cause it
to be so separated--
when that person is acting in
5 accordance with that authorisation or
licence.".
19 Consequential repeal of references to sections
In section 63 of the Wildlife Act 1975, for
"section 41, 42, 43, 45, 46" substitute "section 41,
10 43, 45".
20 Consequential amendment of terminology
(1) Insert the following heading to section 65 of the
Wildlife Act 1975--
"Eggs presumed to be threatened wildlife".
15 (2) In section 65 of the Wildlife Act 1975, for
"endangered wildlife" substitute "threatened
wildlife".
21 Offence of taking whale not to apply to authorised
officers in certain circumstances
20 For section 76(4)(aa) of the Wildlife Act 1975
substitute--
"(aa) the action in question was carried out by an
authorised officer or under the direction of
an authorised officer and was reasonably
25 necessary for the welfare of the whale;".
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CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 22
22 Insertion of new section 77A
After section 77 of the Wildlife Act 1975
insert--
"77A Offence to approach whales
5 (1) A person must not approach any whale at a
distance that is less than the prescribed
minimum distance.
Penalty: 20 penalty units.
(2) Subsection (1) does not apply to--
10 (a) a person who is acting in accordance
with--
(i) a permit under section 78; or
(ii) a permit under Division 2; or
(iii) a written authorisation under
15 section 28A; or
(b) an authorised officer who is acting in
the course of his or her duties as an
authorised officer, if the action is
reasonably necessary for the welfare of
20 the whale or to investigate a failure to
comply with the Act.".
23 Repeal of power to issue permits to kill whales
Section 78(1)(b) of the Wildlife Act 1975 is
repealed.
25 24 Consequential repeal of provision as to killing of
whales
In section 79(3)(a) of the Wildlife Act 1975, omit
"killed or taken or".
561177B.I-25/6/2008 16 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 25
25 Power of authorised officer to give directions
After section 81(2) of the Wildlife Act 1975
insert--
"(3) An authorised officer may direct a person--
5 (a) not to be within--
(i) a distance of less than 500 metres
from any whale; or
(ii) the distance, that is specified by
the authorised officer, from any
10 whale--
whichever is the lesser; or
(b) to move to--
(i) a distance that is 500 metres from
any whale; or
15 (ii) the distance, that is specified by
the authorised officer, from any
whale--
whichever is the lesser.
(4) An authorised officer may direct the operator
20 of a vessel to cause the vessel to be
operated--
(a) so as not to be within--
(i) a distance of less than 500 metres
from any whale; or
25 (ii) the distance, that is specified by
the authorised officer, from any
whale--
whichever is the lesser; or
(b) to move to--
30 (i) a distance that is 500 metres from
any whale; or
561177B.I-25/6/2008 17 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 26
(ii) the distance, that is specified by
the authorised officer, from any
whale--
whichever is the lesser.
5 (5) An authorised officer must not make a
direction under subsection (3) or (4) unless
the authorised officer reasonably believes it
is necessary to do so to ensure the welfare of
a whale or the safety of any person.
10 (6) A person who has been given a direction by
an authorised officer under subsection (3)
or (4) must comply with the direction unless
the person has a reasonable excuse for not
doing so.
15 Penalty: 20 penalty units.
(7) An authorised officer, before giving a
direction under subsection (4) to a vessel that
is in waters for which a harbour master is
required to be engaged under section 26A of
20 the Marine Act 1988, must consult with the
harbour master who is engaged for those
waters.
(8) Subsections (3) and (4) have effect despite
anything to the contrary in any other section
25 of this Part.
(9) In this section harbour master has the same
meaning as in the Marine Act 1988.".
26 Substitution of Division heading
For the heading to Division 2 of Part X of the
30 Wildlife Act 1975 substitute--
"Division 2--Whale watching and swim tour
permits".
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STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 27
27 Substitution of sections 83 to 83G
For sections 83 to 83G of the Wildlife Act 1975
substitute--
"83 Offence to conduct whale watching tour
5 A person must not conduct a whale watching
tour unless the person does so in accordance
with a whale watching tour permit.
Penalty: 100 penalty units or 6 months
imprisonment or both the fine and
10 imprisonment.
83A Power to grant whale watching tour
permits
(1) The Secretary may grant a permit to a natural
person authorising the person to conduct a
15 whale watching tour from the aircraft or
vessel specified in the permit.
(2) The Secretary may refuse to grant a whale
watching tour permit if the Secretary is
satisfied that--
20 (a) the applicant has been found guilty of
an offence against this Act or
regulations under this Act; or
(b) the applicant has failed to comply with
this Act or regulations under this Act or
25 the conditions of a permit under this
Division; or
(c) the applicant has been convicted of an
offence against a law of the
Commonwealth or of a State or a
30 Territory of the Commonwealth
relating to fauna, to the preservation,
conservation and protection of whales
or to the living natural resources of the
continental shelf of Australia; or
561177B.I-25/6/2008 19 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 27
(d) for any other reason it is not suitable for
the permit to be granted.
83B Constraints on the granting of whale
watching tour permits
5 (1) Where the Secretary has made a limited
permit area determination for an area
specifying the number of whale watching
tour permits that may be in force in respect
of the area, the Secretary must not grant such
10 a number of whale watching tour permits for
the area that the maximum number of
permits that may be in force in the area is
exceeded.
(2) The Secretary must not grant a whale
15 watching tour permit for a limited permit
area for such permits unless the Secretary is
satisfied that the applicant satisfies the
criteria specified in the notice under section
83GC for that area.
20 83C Offence to conduct whale swim tour
A person must not conduct a whale swim
tour unless that person does so in accordance
with a whale swim tour permit and in the
limited permit area specified in the permit.
25 Penalty: 100 penalty units or 6 months
imprisonment or both the fine and
imprisonment.
83D Power to grant whale swim tour permits
(1) The Secretary may grant a permit to a natural
30 person authorising that person to conduct a
whale swim tour--
(a) from the vessel specified in the permit;
and
(b) in the limited permit area specified in
35 the permit.
561177B.I-25/6/2008 20 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 27
(2) The Secretary may refuse to grant a whale
swim tour permit if the Secretary is satisfied
that--
(a) the applicant has been found guilty of
5 an offence against this Act or
regulations under this Act; or
(b) the applicant has failed to comply with
this Act or regulations under this Act or
the conditions of a permit under this
10 Division; or
(c) the applicant has been convicted of an
offence against a law of the
Commonwealth or of a State or a
Territory of the Commonwealth
15 relating to fauna, to the preservation,
conservation and protection of whales
or to the living natural resources of the
continental shelf of Australia; or
(d) for any other reason it is not suitable for
20 the permit to be granted.
83E Constraints on the granting of whale swim
tour permits
(1) Where the Secretary has made a limited
permit area determination for an area
25 specifying the number of whale swim tour
permits that may be in force in respect of the
area, the Secretary must not grant such a
number of whale swim tour permits for the
area that the maximum number of permits
30 that may be in force in the area is exceeded.
(2) The Secretary must not grant a whale swim
tour permit for a limited permit area for such
permits unless the Secretary is satisfied that
the applicant satisfies the criteria specified in
35 the notice under section 83GC for that area.
561177B.I-25/6/2008 21 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 27
83F Determination of limited permit areas
(1) The Secretary may determine an area to be
an area in respect of which there must not be
in force at any time more than the specified
5 maximum number of--
(a) the specified class of whale watching
tour permits; or
(b) whale swim tour permits.
(2) The Secretary must specify in the
10 determination under subsection (1) the
maximum number of the permits that may be
in force under that determination.
(3) In making a specification under subsection
(2) the Secretary must not specify a number
15 of permits that is greater than the number the
Secretary reasonably believes is ecologically
sustainable for the area and in determining
that number must have regard to the best
available information as to the effect that the
20 conduct of activities has or is likely to have
on individual whales or groups of whales in
the area.
(4) In making a determination and specification
under this section the Secretary must have
25 regard to any submissions made under
section 83GA.
(5) A determination under subsection (1)--
(a) may describe an area by reference to a
map, plan or other document; and
30 (b) must be published in the Government
Gazette.
561177B.I-25/6/2008 22 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 27
83G Notice of proposal to make limited permit
area determination
(1) Before making a limited permit area
determination, the Secretary must give notice
5 that the Secretary proposes to make the
determination.
(2) A notice under subsection (1) must--
(a) set out the proposed determination; and
(b) be published--
10 (i) in the Government Gazette; and
(ii) in a newspaper circulating
generally throughout the State--
at least 4 weeks before the making of
the determination; and
15 (c) set out the time within which written
submissions on the proposed
determination must be made to the
Secretary, which must be not less than
4 weeks before the making of the
20 determination.
83GA Submissions on proposal to make limited
permit area determination
(1) Any person who is likely to be affected by
the making of a limited permit area
25 determination may make written submissions
to the Secretary on the proposal to make the
determination.
(2) Submissions made under subsection (1) must
be made within the time fixed for making
30 submissions under section 83G.
(3) In addition to any submission made under
subsection (1), the Secretary may have
regard to (but is not required to have regard
to) a submission made by any other person
561177B.I-25/6/2008 23 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 27
on the proposal to make the determination
that is made within the time fixed for the
making of submissions under section 83G.
83GB Amendment or revocation of limited
5 permit area determination
(1) The Secretary may amend or revoke a
limited permit area determination in the
same manner as that in which it is made.
(2) If the Secretary amends or revokes a limited
10 permit area determination, any permit under
this Division in force in the area to which the
amendment or revocation applies, being a
permit that is in force immediately before
that amendment or revocation, continues in
15 force despite that amendment or
revocation--
(a) as such a permit under this Division
until its expiry, unless sooner revoked;
and
20 (b) on the same terms and conditions as
those applying to it immediately before
the amendment or revocation.
83GC Permits in limited permit areas to be
granted on determination of Secretary
25 (1) Where a limited permit area determination
has been made for an area determining a
maximum number of whale watching tour
permits or whale swim tour permits that may
be in force in the area, the Secretary may, on
30 or after the making of the determination,
determine--
(a) that a number of such permits are
available to be applied for for the area;
and
561177B.I-25/6/2008 24 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 27
(b) that applications are to be invited for
the permits.
(2) The Secretary must not determine such a
number of permits under subsection (1)(a) as
5 would cause the maximum number of such
permits that may be in force in the area to be
exceeded.
(3) The Secretary must give notice of a
determination under subsection (1) inviting
10 applications for the permits that are to be
granted.
(4) A notice under subsection (3) must be
published in the Government Gazette and in
a newspaper circulating generally in the area
15 to which the determination relates.
(5) A notice under subsection (3) may--
(a) specify whether the fee to be paid for
any permit to which the determination
applies is to be determined by tender or
20 is to be a prescribed fee; and
(b) specify the number of permits that are
available to be applied for; and
(c) specify the maximum number of the
permits that the Secretary has
25 determined may be in force for the area,
as specified in the limited permit area
determination under section 83F(2);
and
(d) specify the maximum number of trips
30 that may be conducted each day under
each permit and any other relevant
matters in relation to the carrying out of
activities under each permit; and
561177B.I-25/6/2008 25 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 27
(e) specify the procedures to be followed
and the information that must be given
in making an application for a permit;
and
5 (f) specify the date by which applications
for such permits must be lodged with
the Secretary; and
(g) specify the criteria which will be used
to assess applications for permits; and
10 (h) specify whether or not the holders of
existing permits in the area may apply
for permits specified in the notice.
83GD Applications for permits
An application for a permit under this
15 Division must--
(a) be made to the Secretary; and
(b) be in writing (accompanied by the
information required by the Secretary);
and
20 (c) where the case so requires, be made in
accordance with a determination and
notice under section 83GC.
83GE Fees for permits
(1) The fee payable for a permit under this
25 Division is the prescribed fee for the permit
or the fee determined by tender for the
permit in accordance with the notice under
section 83GC (as the case requires).
(2) A permit under this Division does not come
30 into force until the fee payable for the permit
has been paid.
561177B.I-25/6/2008 26 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 28
83GF Period of permit
A permit under this Division remains in
force for the period determined by the
Secretary and specified in the permit, which
5 must not be more than 10 years.
83GG Renewal of permit
(1) The Secretary may renew a permit under this
Division that is not for a limited permit area,
on application from the holder of the permit.
10 (2) The Secretary may refuse to renew a permit
under subsection (1) if the Secretary is
satisfied that--
(a) the holder has been found guilty of an
offence against this Act or regulations
15 under this Act; or
(b) the holder has failed to comply with
this Act or regulations under this Act or
the conditions of the permit; or
(c) the holder has been convicted of an
20 offence against a law of the
Commonwealth or of a State or a
Territory of the Commonwealth
relating to fauna, to the preservation,
conservation and protection of whales
25 or to the living natural resources of the
continental shelf of Australia; or
(d) for any other reason it is not suitable for
the permit to be renewed.".
28 Consequential amendment of reference to Order
30 In section 83K(3) of the Wildlife Act 1975, for
"Order made under section 83F relating to the
area" substitute "limited permit area
determination for the area".
561177B.I-25/6/2008 27 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 29
29 Insertion of section heading
For the heading to section 83H of the Wildlife
Act 1975 substitute--
"Conditions of permits under this Division".
5 30 Insertion of new Part XA
After Part X of the Wildlife Act 1975 insert--
"PART XA--PROTECTION OF SEALS
85B Offence to conduct seal tour
(1) A person must not conduct a seal tour unless
10 the person does so in accordance with a seal
tour permit.
Penalty: 100 penalty units.
(2) Subsection (1) does not apply to any
prescribed person or prescribed class of
15 person in the prescribed circumstances.
85C Power to grant seal tour permit
(1) The Secretary may grant a permit to a person
authorising the person to conduct a seal tour.
(2) The Secretary may refuse to grant a seal tour
20 permit if the Secretary is satisfied that--
(a) the applicant has been found guilty of
an offence against this Act or
regulations under this Act; or
(b) the applicant has failed to comply with
25 this Act or regulations under this Act or
the conditions of any permit under this
Part; or
(c) the applicant has been convicted of an
offence against a law of the
30 Commonwealth or of a State or a
Territory of the Commonwealth
relating to fauna, to the preservation,
561177B.I-25/6/2008 28 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 30
conservation and protection of seals or
to the living natural resources of the
continental shelf of Australia; or
(d) for any other reason it is not suitable for
5 the permit to be granted.
85D Applications for seal tour permits
An application for a seal tour permit must--
(a) be made to the Secretary, in the manner
determined by the Secretary; and
10 (b) be in writing (accompanied by the
information required by the Secretary);
and
(c) be accompanied by the fee payable for
the permit under section 85E.
15 85E Fee payable for seal tour permit
The fee payable for a seal tour permit is the
prescribed fee.
85F Period of seal tour permit
A seal tour permit remains in force for the
20 period determined by the Secretary and
specified in the permit, which must not be
more than 10 years.
85G Renewal of seal tour permit
(1) The Secretary may renew a seal tour permit,
25 on application from the holder of the permit.
(2) The Secretary may refuse to renew a seal
tour permit under subsection (1) if the
Secretary is satisfied that--
(a) the holder has been found guilty of an
30 offence against this Act or regulations
under this Act; or
561177B.I-25/6/2008 29 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 30
(b) the holder has failed to comply with
this Act or regulations under this Act or
the conditions of the permit; or
(c) the holder of the permit has been
5 convicted of an offence against a law of
the Commonwealth or of a State or a
Territory of the Commonwealth
relating to fauna, to the preservation,
conservation and protection of seals or
10 to the living natural resources of the
continental shelf of Australia; or
(d) for any other reason it is not suitable for
the permit to be renewed.
85H Conditions of seal tour permits
15 A seal tour permit is subject to--
(a) any conditions, determined by the
Secretary, that are specified or referred
to in the permit; and
(b) any conditions that are prescribed by
20 regulations under this Act for permits
of the category to which the permit
belongs.
85I Breach of condition an offence
The holder of a seal tour permit must comply
25 with the conditions of the permit.
Penalty: 100 penalty units.
85J Variation of seal tour permits
(1) On application made in writing and on
payment of any prescribed fee, the Secretary
30 may vary any seal tour permit in any respect,
and a variation under this subsection has
effect on the Secretary making the variation.
561177B.I-25/6/2008 30 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 30
(2) If the Secretary is of the opinion that a seal
tour permit should be varied, the Secretary
may, of the Secretary's own motion, vary the
permit, and a variation under this subsection
5 has effect on the Secretary giving notice of
the variation to the holder of the permit.
85K Suspension of seal tour permits
(1) If the Secretary is satisfied that there are
reasonable grounds to do so, the Secretary
10 may suspend a seal tour permit by notice in
writing given to the holder of the permit.
(2) A suspension under this section has effect--
(a) from the time specified in the notice
under subsection (1), which must be
15 after the day on which the notice is
given; and
(b) subject to section 85L, for the period
(not exceeding 90 days) specified in the
notice.
20 85L Making submissions on suspension
(1) Immediately on suspending a seal tour
permit, the Secretary must allow the holder
of the permit an opportunity to make written
submissions.
25 (2) Submissions must be made within the period
specified in the notice of suspension.
(3) On receiving any submissions under
subsection (2), the Secretary must review the
decision to suspend the permit.
30 (4) In carrying out a review under
subsection (3), the Secretary--
(a) must have regard to the submissions
made under subsection (2) within the
period specified in the notice; and
561177B.I-25/6/2008 31 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 30
(b) may decide to continue, revoke or
amend the suspension.
(5) The Secretary must notify the holder of the
permit of the outcome of the review.
5 85M Power of Secretary to cancel seal tour
permit
(1) The Secretary may cancel a seal tour permit
if the Secretary is satisfied, on reasonable
grounds, that--
10 (a) the holder of the permit has been found
guilty of an offence against this Act or
regulations made under this Act; or
(b) the holder of the permit has breached a
condition of the permit; or
15 (c) the act or acts authorised by the permit
adversely affect a population of a
particular taxon of seal; or
(d) the holder of the permit has been
convicted of an offence against a law of
20 the Commonwealth or of a State or a
Territory of the Commonwealth
relating to fauna, to the preservation,
conservation and protection of seals or
to the living natural resources of the
25 continental shelf of Australia.
(2) Before cancelling a permit, the Secretary
must--
(a) notify the holder of the permit that the
Secretary proposes to cancel the permit;
30 and
(b) allow the holder of the permit an
opportunity to make either oral or
written submissions.
561177B.I-25/6/2008 32 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 31
(3) Submissions under subsection (2) must be
made within the period specified in the
notice.
(4) In making a decision as to whether or not to
5 cancel a permit, the Secretary must--
(a) have regard to any submissions made
under subsection (2) within the period
specified in the notice; and
(b) must notify the holder of the Secretary's
10 decision.
(5) The cancellation of a permit has effect from
the time specified in the notice of the
Secretary's decision under subsection (4),
which must be after the day on which that
15 notice is given.".
31 Consequential amendment of terminology
In section 86A(1) of the Wildlife Act 1975, for
"protected wildlife declared by proclamation of
the Governor in Council published in the
20 Government Gazette to be endangered wildlife or
notable wildlife" substitute "threatened wildlife".
32 Consequential repeal of references to sections
In section 86B of the Wildlife Act 1975, for "42,
43, 44, 45, 46" substitute "43, 44, 45".
25 33 Amendment of regulation making powers
(1) In section 87(1) of the Wildlife Act 1975--
(a) after paragraph (s) insert--
"(sa) regulating or prohibiting any activity or
conduct by persons in or on sanctuaries,
30 reserves and wildlife management co-
operative areas (not on private land)
established under this Act, whether the
activity is by persons in vessels or
aircraft or in water or on land;";
561177B.I-25/6/2008 33 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 33
(b) after paragraph (ad) insert--
"(ada) regulating or prohibiting--
(i) any activity in the vicinity of seals
that may disturb or interfere with
5 seals;
(ii) any activity that involves
observing, approaching or
interacting with seals--
whether the activity is by persons in
10 vessels or aircraft or in water or on
land;
(adb) fees to be charged for permits under
Part XA and for variations of such
permits;";
15 (c) in paragraph (ahc), for "sections 41, 42, 43,
44, 45, 46 and 47" substitute "sections 41,
43, 44, 45 and 47".
(2) After section 87(7) of the Wildlife Act 1975
insert--
20 "(8) Regulations made under this Act may--
(a) be of general or limited application; and
(b) differ according to differences in time,
place or circumstance; and
(c) may apply, adopt or incorporate any
25 matter contained in any document,
code, standard, rule, specification or
method formulated, issued, prescribed
or published by any person, whether--
(i) wholly or partially or as amended
30 by the regulations; or
561177B.I-25/6/2008 34 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 34
(ii) as formulated, issued, prescribed
or published at the time the
regulations are made or at any
time before then; or
5 (iii) as formulated, issued, prescribed
or published from time to time.".
34 Insertion of new sections 93 to 95
After section 92 of the Wildlife Act 1975
insert--
10 "93 Transitional provisions--2008 Act
(1) In this Part--
2008 Act means the Wildlife Amendment
(Marine Mammals) Act 2008;
limited permit area notice, in respect of an
15 area, means a notice given by the
Secretary under section 83G that the
Secretary proposes to make a limited
permit area determination in respect of
the area;
20 new Part X means Part X of the Wildlife
Act 1975 as amended by section 27 of
the 2008 Act;
old Part X means Part X of the Wildlife Act
1975 as in force immediately before the
25 commencement of section 27 of the
2008 Act.
(2) The amendments made to this Act by
sections 6, 7, 8, 10, 11 and 12 of the 2008
Act apply only to offences alleged to have
30 been committed on or after the
commencement of those sections.
(3) For the purposes of subsection (2), if an
offence is alleged to have been committed
between two dates, one before and one after
561177B.I-25/6/2008 35 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 34
the commencement of sections 6, 7, 8, 10, 11
and 12 of the 2008 Act, the offence is
alleged to have been committed before the
commencement of those sections.
5 (4) On the commencement of section 27 of the
2008 Act, an area that, immediately before
that commencement was proclaimed to be a
whale swim tour area under the old Part X, is
to be taken to be a limited permit area as if it
10 has been determined to be so under
section 83F.
(5) A permit issued under Division 2 of the old
Part X, that is in force immediately before
the commencement of section 27 of the 2008
15 Act, is to be taken to continue in force,
despite that commencement, until its expiry,
unless it is sooner cancelled--
(a) on the same terms and conditions as
those that applied to it immediately
20 before that commencement and in
respect of the same area as that for
which it was granted before that
commencement; and
(b) as if it were a permit issued under the
25 new Part X.
94 Transitional provisions--2008 Act--whale
watching tours by aircraft
(1) If--
(a) a person was, immediately before the
30 commencement of the new Part X
conducting whale watching tours by
aircraft in an area; and
(b) on the commencement of the new
Part X, there is in force in respect of the
35 area a limited permit area notice for
561177B.I-25/6/2008 36 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 34
whale watching tours conducted by
aircraft--
section 83 does not apply to the conducting
of whale watching tours by aircraft in the
5 area by that person from the commencement
of the new Part X until the date by which
applications for such permits must be lodged
that is specified in the notice under section
83GC for the area.
10 (2) If a person, to whom subsection (1) applies,
has made an application for a whale
watching tour permit in respect of the area
before the date specified in the notice under
section 83GC, section 83 does not apply to
15 the conducting of whale watching tours by
aircraft in the area by that person from the
date specified in the notice until the
application is finally determined in
accordance with this Act.
20 (3) If--
(a) a person was, immediately before the
commencement of the new Part X
conducting whale watching tours by
aircraft in an area to which subsection
25 (1) does not apply; and
(b) that person makes an application for a
whale watching tour permit within two
weeks of that commencement--
section 83 does not apply to the conducting
30 of whale watching tours by aircraft in the
area by that person from the commencement
of the new Part X until the application is
finally determined in accordance with this
Act.
561177B.I-25/6/2008 37 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
s. 35
95 Transitional provisions--2008 Act--seal
tours
If--
(a) a person was, immediately before the
5 commencement of section 30 of the
2008 Act, conducting seal tours; and
(b) that person makes an application for a
seal tour permit within two weeks of
that commencement--
10 section 85B does not apply to the conducting
of seal tours by that person from the
commencement of the new Part X until the
application is finally determined in
accordance with this Act.".
15 See: 35 Consequential amendment of Crimes (Controlled
Act No.
16/2004 Operations) Act 2004
and
amending In section 51 of the Crimes (Controlled
Act Nos
63/2004,
Operations) Act 2004, for the definition of
69/2004 and relevant offence in proposed section 71 of the
87/2005.
20 Statute Book:
Wildlife Act 1975 substitute--
www.
legislation. "relevant offence means an offence against
vic.gov.au section 41, 43, 45, 47, 47D, 50, 51 or 76;".
36 Repeal of Act
This Act is repealed on 1 December 2010.
25 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561177B.I-25/6/2008 38 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
Wildlife Amendment (Marine Mammals) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561177B.I-25/6/2008 39 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 25/6/2008
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