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CONSERVATION, FORESTS AND LANDS (INFRINGEMENT NOTICE) AMENDMENT REGULATIONS 2010 (SR NO 37 OF 2010) - REG 6

Amendment of Schedule 2—Marine Mammals

In Schedule 2 to the Principal Regulations, after item 212AAM insert the following items—

"212BA

8801

An offence under regulation 7(3) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person operating a prohibited vessel, approach or cause vessel to approach a seal at a distance of less than 300 metres if the seal is at a protected seal breeding colony

212BB

8802

An offence under regulation 7(4) of the Wildlife (Marine Mammals) Regulations 2009

2·5 penalty units

as a person operating an allowable vessel, approach or cause vessel to approach a seal at a distance of less than 30 metres if the seal is at a significant seal breeding colony

212BC

8803

An offence under regulation 7(5)(a) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person operating an allowable vessel in the seal breeding season, approach a seal at a distance of less than 100 metres if the





seal is at a protected seal breeding colony

212BD

8804

An offence under regulation 7(5)(b) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person operating an allowable vessel outside the seal breeding season, approach a seal at a distance of less than 50 metres if the seal is at a protected seal breeding colony

212BE

8805

An offence under regulation 7(7) of the Wildlife (Marine Mammals) Regulations 2009

2·5 penalty units

as a person operating an aircraft, fly lower than 300 vertical metres within a 300-metre radius of a seal at a protected seal breeding colony

212BF

8806

An offence under regulation 9(1)(a) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person operating a vessel in waters within the caution zone of a marine mammal, cause or permit that vessel to approach a marine mammal head on at an angle closer than 30 degrees to its observed direction of travel

212BG

8807

An offence under regulation 9(1)(b) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person operating a vessel in waters within the caution zone of a marine mammal, cause or permit that vessel to approach a marine mammal

r. 6





from the rear at an angle closer than 30 degrees to its observed direction of travel

212BH

8808

An offence under regulation 9(1)(c) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person operating a vessel in waters within the caution zone of a marine mammal, cause or permit that vessel to be in the path ahead of a marine mammal at an angle closer than 30 degrees to its observed direction of travel

212BI

8809

An offence under regulation 9(3) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person operating a vessel, allow that vessel to enter the caution zone of a whale if more than two vessels are already within that caution zone, unless necessary to ensure safe passage through a narrow waterway

212BJ

8810

An offence under regulation 9(4) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person operating a vessel, be within 100 metres of a tour vessel conducting a whale swim

212BK

8811

An offence under regulation 10(1) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

feed or offer food to a marine mammal

r. 6

212BL

8812

An offence under regulation 10(2) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

dispose of food or waste in the water within the caution zone of a marine mammal

212BM

8813

An offence under regulation 12(1)(b) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person within the caution zone of a marine mammal, play back or cause to be played back an underwater sound or recording of any kind

212BN

8814

An offence under regulation 13(1) of the Wildlife (Marine Mammals) Regulations 2009

1·5 penalty units

as a person who owns or is in charge of controlling a dog, allow that dog to approach within 50 metres of a seal on land

212BO

8815

An offence under regulation 14(1) of the Wildlife (Marine Mammals) Regulations 2009

2·5 penalty units

as a person operating a vessel, allow that vessel to enter or remain in the Logan's Beach Exclusion Zone between 1 June and 31 October in any year".



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