(1) A person (the operator ) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.
Distance from, and speed near, cetaceans
(2) The operator must not allow the vessel to approach closer than 300 metres to a cetacean.
(3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.
Note: A boat travelling at a speed that is the equivalent of a brisk walking pace is not exceeding 6 knots.
Limitation on use of vessel for certain activities
(4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming - with - whales activity.