(1) A person must not enter water at a distance from a marine mammal that is less than the prescribed distance for a person entering or in water, in relation to the mammal.Penalty—Maximum penalty—(a) if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or(b) otherwise—120 penalty units.
(2) A person in water must not move closer to a marine mammal than the prescribed distance for a person entering or in water, in relation to the mammal.Penalty—Maximum penalty—(a) if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or(b) otherwise—120 penalty units.
(3) Subsections (1) and (2) do not apply to a person—(a) feeding a dolphin under a permission granted under the Marine Parks Act 2004 ; orNote—See the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park.(b) who otherwise has a reasonable excuse.