(1) The chief executive may, by written approval, authorise a person to carry out any of the following activities for filming a marine mammal—(a) for a person in control of a permitted boat—bring the boat within the no approach zone or caution zone for the mammal;(b) for a person in control of a prohibited vessel or aircraft—(i) bring the vessel or aircraft closer to the mammal than the prescribed distance for the vessel or aircraft; or(ii) bring the vessel or aircraft to a position that would cause the mammal, if the mammal continued its direction of movement, to become closer to the vessel or aircraft than the prescribed distance for the vessel or aircraft;(c) enter, or be in, water at a distance from the mammal that is less than the prescribed distance for a person entering or in water, in relation to the mammal.
(2) The chief executive may impose conditions on the approval, including, for example—(a) a stated distance a permitted boat, vessel or aircraft, or a person entering or in water, must keep from the mammal; and(b) what the person in control of a permitted boat, vessel or aircraft, or a person entering or in water, must do if the mammal moves towards the boat, vessel, aircraft or person so the boat, vessel, aircraft or person becomes closer to the mammal than the stated distance.