Commonwealth Consolidated Regulations

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GREAT BARRIER REEF MARINE PARK REGULATIONS 2019 - REG 185

Requirements for swimming with cetaceans

  (1)   A person commits an offence if:

  (a)   a person enters the water (whether or not in the Marine Park); and

  (b)   the person's entry into the water occurs within:

  (i)   100 metres of a whale; or

  (ii)   50 metres of a dolphin; and

  (c)   the whale or dolphin is in the Marine Park.

Penalty:   50 penalty units.

  (2)   Strict liability applies to paragraph   (1)(c).

  (3)   A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.

Penalty:   50 penalty units.

  (4)   A person commits an offence of strict liability if:

  (a)   the person is in the water in the Marine Park; and

  (b)   a cetacean comes within 30 metres of the person; and

  (c)   the person:

  (i)   does not move slowly to avoid startling the cetacean; or

  (ii)   swims towards it.

Penalty:   50 penalty units.



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