Victorian Current Acts Victorian Current ActsS. 81(1) amended by No. 3/2002 s. 12.
(1) An authorised officer may direct a person to cease, immediately, any activity being carried out under a permit granted under section 78(1), if the authorised officer reasonably believes that the activity is detrimental to the welfare of any whale.
(2) A person must comply with a direction given under subsection (1).
Penalty: 50 penalty units.
S. 81(3) inserted by No. 45/2008 s. 25.
(3) An authorised officer may direct a person—
(a) not to be within—
(i) a distance of less than 500 metres from any whale; or
(ii) the distance, that is specified by the authorised officer, from any whale—
whichever is the lesser; or
(b) to move to—
(i) a distance that is 500 metres from any whale; or
(ii) the distance, that is specified by the authorised officer, from any whale—
whichever is the lesser.
S. 81(4) inserted by No. 45/2008 s. 25.
(4) An authorised officer may direct the operator of a vessel to cause the vessel to be operated—
(a) so as not to be within—
(i) a distance of less than 500 metres from any whale; or
(ii) the distance, that is specified by the authorised officer, from any whale—
whichever is the lesser; or
(b) to move to—
(i) a distance that is 500 metres from any whale; or
(ii) the distance, that is specified by the authorised officer, from any whale—
whichever is the lesser.
S. 81(5) inserted by No. 45/2008 s. 25.
(5) An authorised officer must not make a direction under subsection (3) or (4) unless the authorised officer reasonably believes it is necessary to do so to ensure the welfare of a whale or the safety of any person.
S. 81(6) inserted by No. 45/2008 s. 25.
(6) A person who has been given a direction by an authorised officer under subsection (3) or (4) must comply with the direction unless the person has a reasonable excuse for not doing so.
Penalty: 20 penalty units.
S. 81(7) inserted by No. 45/2008 s. 25, amended by No. 65/2010 s. 420(Sch. 3 item 17(a)).
(7) An authorised officer, before giving a direction under subsection (4) to a vessel that is in waters for which a harbour master is required to be engaged under section 220 of the Marine Safety Act 2010 , must consult with the harbour master who is engaged for those waters.
S. 81(8) inserted by No. 45/2008 s. 25.
(8) Subsections (3) and (4) have effect despite anything to the contrary in any other section of this Part.
S. 81(9) inserted by No. 45/2008 s. 25, amended by No. 65/2010 s. 420(Sch. 3 item 17(b)) (as amended by No. 29/2011 s. 3(Sch. 1 item 57.9).
(9) In this section "harbour master" has the same meaning as in the Marine Safety Act 2010 .
S. 81A inserted by No. 87/1997
s. 35.