Victorian Numbered Acts Victorian Numbered ActsAfter section 81(2) of the Wildlife Act 1975 insert —
"(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.
(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.
(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.
(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.
(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 26A of the Marine Act 1988 , must consult with the harbour master who is engaged for those waters.
(8) Subsections (3) and (4) have effect despite anything to the contrary in any other section of this Part.
(9) In this section "harbour master" has the same meaning as in the Marine Act 1988 .".