(1) This section applies if—(a) a whale or dugong moves towards a permitted boat; and(b) as a result of the movement, the boat is within the no approach zone for the whale or dugong.
(2) The person in control of the permitted boat must, unless the person has a reasonable excuse—(a) stop the boat and—(i) turn the engines off; or(ii) disengage the gears; or(b) withdraw to an area outside the no approach zone for the whale or dugong at a speed that—(i) is not more than 6 knots; and(ii) does not create a wake.Penalty—Maximum penalty—(a) if the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or(b) otherwise—120 penalty units.