New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 2.7

2.7 Protection of marine mammals

(1) In this section--

"marine mammal" means an animal of the order of Cetacea, Sirenia or Pinnipedia.

(2) The regulations may make provision for or with respect to the protection, care or preservation of marine mammals, including prohibiting or regulating--

(a) approaching a marine mammal any closer than the distance prescribed by the regulations, or

(b) interfering with or doing any other thing in relation to a marine mammal.

(3) Any such regulation may impose a Tier 2 monetary penalty for an offence against any such regulation, and may impose a Tier 1 monetary penalty or imprisonment for 2 years, or both, for any such offence if the offence is committed in the course of commercial operations relating to the killing of marine mammals.

(4) Any such regulation may provide that any action prohibited by the regulation in relation to marine mammals constitutes harming a marine mammal for the purposes of this Act.

(5) A biodiversity conservation licence is not to be issued under Division 3 to authorise a person to harm or obtain a marine mammal for exhibition or other purposes unless the person issuing the licence is satisfied that it is necessary for genuine scientific or educational purposes or any other purpose connected with the conservation or protection of marine mammals.