(1)

This regulation applies to a person who is operating an aircraft in the Australian Whale Sanctuary.

(2)

The person:

(a)

must not operate the aircraft at a height lower than 1 000 feet within a horizontal radius of 300 metres of a cetacean; and

(b)

must not allow the aircraft to approach a cetacean from head on; and

(c)

if the aircraft can land on water, must not land the aircraft on water to observe a cetacean; and

(d)

if a cetacean being observed shows signs of being disturbed, must immediately withdraw the aircraft; and

Examples of signs of disturbance
1
Immediate or repeated dives.
2
Increased swimming speed.

(e)

if the aircraft is a helicopter:

(i)

must stay at least 1 000 metres away from a cetacean; and

(ii)

must not hover over a cetacean.

Penalty:
50 penalty units.