(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.
(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.
(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.