Victorian Numbered Regulations Victorian Numbered Regulations(1) After regulation 5(1) of the Principal Regulations insert —
"(1A) The holder of a whale sightseeing permit or a whale swim tour permit must not approach a whale at a distance that is less than the prescribed minimum distance other than a whale of a class specified in the permit.
Penalty: 20 penalty units.".
(2) In regulation 5(2) of the Principal Regulations—
(a) in paragraph (a), for "200 metres" substitute "300 metres";
(b) for paragraph (h) substitute —
"(h) must ensure that the tour vessel—
(i) does not approach a whale head on; or
(ii) is not in the path of a whale; or
(iii) does not separate a whale from a group of whales; or
(iv) does not come between a mother whale and calf; or
(v) does not approach a whale closer than 100 metres more than 4 times each tour but in any event not more than 8 times each day; or
(vi) does not approach a whale closer than 100 metres without signalling the approach in the manner specified in the permit; or
(vii) must ensure that if an approach has commenced and a foetal fold calf is detected the tour vessel immediately withdraws to more than 100 metres from the whale with the foetal fold calf; and";
(c) in paragraph (j), for "100 metres" substitute "200 metres".
(3) After regulation 5(2) of the Principal Regulations insert —
"(3) Provided that the holder of a whale sightseeing permit or a whale swim tour permit complies with sub-regulation (2)(h)(vii), the first approach where a foetal fold calf is detected in each tour does not count as an approach for the purposes of sub-regulation (2)(h)(v).".