Commonwealth Numbered Regulations

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 8.04

Other craft
(1)
This regulation applies to a person who is operating, in the Australian Whale Sanctuary, a vessel that is not a restricted craft.

(2)
Within the caution zone of a cetacean, the person must:

(a)
operate the vessel at a constant slow speed so that its wake is negligible; and

(b)
make sure the vessel does not drift or approach closer to the cetacean than:

(i)
for a large whale — 100 metres; or
(ii)
for a dolphin or porpoise — 50 metres; and
(c)
if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant slow speed so that its wake is negligible; and

(d)
if there is more than 1 person on the vessel, post a lookout; and

(e)
only approach a cetacean:

(i)
from the rear, no closer than 30 degrees to its observed direction of travel; or
(ii)
by positioning the vessel ahead of the cetacean at more than 30 degrees from its observed direction of travel; and
(f)
for a motorised vessel approaching a whale under power, keep the vessel downwind of the whale; and

(g)
avoid sudden or repeated changes in direction or speed; and

(h)
avoid abrupt reductions in the noise level of the vessel; and

(i)
avoid excessive engine use, gear changes, manoeuvring or backing up of the vessel; and

(j)
avoid using bow or stern lateral thrusters to maintain position; and

(k)
not restrict the path of the cetacean; and

(l)
not pursue the cetacean or allow the vessel to move into or through a group of cetaceans.

Penalty:
50 penalty units.

Note
If a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2) (b), subregulations 8.04 (7) and (8) apply.

(3)
The person must not allow the vessel to enter the caution zone of a calf or a pod containing a calf.

Penalty:
50 penalty units.

(4)
If the vessel accidentally enters the caution zone of a calf or a pod containing a calf, the person:

(a)
must immediately stop the vessel; and

(b)
must:

(i)
turn off the vessel's engines or place them in neutral; or
(ii)
withdraw the vessel from the caution zone at a constant slow speed so that its wake is negligible.

Penalty:
50 penalty units.

(5)
The person must not enter the caution zone of a cetacean if there are already 2 vessels in the caution zone.

Penalty:
50 penalty units.

(6)
When leaving the caution zone of a cetacean, the person must withdraw the vessel:

(a)
at a constant slow speed so that its wake is negligible; and

(b)
to the outer limit of the closest cetacean's caution zone before gradually increasing speed.

Penalty:
50 penalty units.

(7)
If a cetacean, other than a dolphin, approaches a vessel or comes within the limits mentioned in paragraph (2) (b), the person must:

(a)
place the engines in neutral, let the cetacean approach and avoid engaging propellers; or

(b)
slow down and continue on a course that will avoid a potential collision; or

(c)
steer a straight course away from the cetacean at a speed not more than 4 knots.

Penalty:
50 penalty units.

(8)
If a dolphin approaches the vessel or comes within the limits mentioned in paragraph (2) (b), the person must not change the course or speed of the vessel suddenly.

Penalty:
50 penalty units.

(9)
If a large whale surfaces near the vessel when it is being operated for a purpose other than for watching cetaceans, the person must take all care necessary to avoid a collision, including:

(a)
stopping; or

(b)
slowing down; or

(c)
steering away from the cetacean.

Penalty:
50 penalty units.



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