Victorian Numbered Regulations Victorian Numbered RegulationsIn these Regulations—
"allowable vessel" means a vessel that is not a prohibited vessel;
"calf" means—
(a) a whale that is not more than half the average length of an adult female whale of the same species; or
(b) a whale with visible foetal folds; or
(c) a whale with a floppy dorsal fin;
"caution zone", for a marine mammal, means an area around the mammal with a radius of the following—
(a) for a dolphin, 150 metres;
(b) for a non-dolphin whale, 300 metres;
(c) for a seal, 50 metres;
"dolphin" means any wildlife that is a member of the family Delphinidae of the sub-order Odontoceti of the Order Cetacea, excluding Orcinus orca and members of the sub-family Globicephalinae (small toothed whales);
Note
The meaning of whale under the Act includes a dolphin so any reference to whale in these Regulations includes a dolphin.
"haul out" means any site or structure on which 5 or more seals are consistently present to rest or socialise that is not—
(a) a seal breeding colony; or
(b) water infrastructure;
"Logan's Beach Exclusion Zone" means the area shown hatched on the plan in Schedule 1;
"marine mammal" means a whale or a seal;
"mermaid line" means a line with floats attached that is connected to a tour vessel;
"narrow waterway" means any part of a waterway that is less than 300 metres in width;
Examples
Narrow waterways include—
(a) rivers and river mouths; and
(b) confined bays and inlets; and
(c) navigation channels in shallow waterways—
that are less than 300 metres in width.
"non-dolphin whale" means a whale that is not a dolphin;
"operate", in relation to a vessel, includes—
(a) determining or exercising control over the course or direction of a vessel or over the means of propulsion of a vessel (whether or not the vessel is underway); and
(b) piloting a vessel;
"permit holder's website" means, in relation to a whale watching tour permit, a whale swim tour permit or a seal tour permit, a website operated or controlled by the permit holder that contains information about the business operated by the permit holder under the permit;
"POCTA inspector" has the same meaning as in the Prevention of Cruelty to Animals Act 1986 ;
"port manager" has the same meaning as in the Port Management Act 1995 ;
"prohibited vessel" means a vessel that is a personal motorised water craft, a parasail, a hovercraft, a wing-in-ground effect craft, a tethered underwater mobile device or a motorised diving aid, and includes a remotely-operated water craft;
Examples
Jet skis, motorised underwater scooters and remote-controlled speed boats.
"regulated aircraft" means an aircraft or a remotely piloted device;
Note
Under the Act the definition of aircraft is limited to any machine or equipment designed to be flown by a person.
"remotely piloted device" means any machine or equipment capable of flying that is not under the direct physical control of a person when being flown;
"seal breeding colony" means an area determined by the Secretary under regulation 17(1);
"seal pup" means a seal that is not more than half the average length of an adult female of the same species;
"Surf Life Saving Victoria" means Surf Life Saving Victoria ACN 004 704 652;
"swimming" includes snorkelling, diving and the use of surfboards and small personal buoyant devices less than 2 metres in length that are not vessels;
"the Act" means the Wildlife Act 1975 ;
"tour operator exclusion zone" means an area specified under regulation 17(2)(b);
"tour supervisor" means a person appointed by the holder of a whale watching tour permit, a whale swim tour permit or a seal tour permit to supervise persons participating in a tour conducted under the permit;
"tour vessel", in relation to a whale watching tour permit, a whale swim tour permit or a seal tour permit, means the vessel specified in the permit;
"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;
"Victorian Fisheries Authority" has the same meaning as Authority has in the Victorian Fisheries Authority Act 2016 ;
"water infrastructure" means a structure—
(a) any part of which is connected or attached to land above the low water mark; and
(b) which is designed for or used by persons, vessels or other vehicles to access or enter the water;
Examples
Boat ramp, jetty, platform and pier.
"whale sanctuary zone" means an area determined by the Secretary under regulation 16(1);
"whale swim" means any part of a whale swim tour that involves persons being in water to observe or swim with whales.
Note
Distances are to be measured horizontally, unless otherwise specified in these Regulations—see section 43 of the Interpretation of Legislation Act 1984 .
Division 2—Application of Regulations