Fisheries Amendment (Whale Protection) Act 1980 (Cth)

Fisheries Amendment (Whale Protection) Act 1980

No. 93 of 1980

An Act to amend the Fisheries Act 1952

[Assented to 6 June 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Fisheries Amendment (Whale Protection) Act 1980.

(2) The Fisheries Act 1952 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the date of commencement of the Whale Protection Act 1980.

Objectives to be pursued

3. Section 5b of the Principal Act is amended by adding at the end thereof “, but shall ensure, so far as practicable, that measures adopted in pursuit of those objectives shall not be inconsistent with the preservation, conservation and protection of all species of whales”.

Regulation of fishing

4. Section 8 of the Principal Act is amended—

(a) by adding at the end of sub-section (1) the following word and paragraph:

“; and (h) prohibit, either at all times or during a period specified in the notice, the navigating by any person of a boat in respect of which a licence has been issued under sub-section (2) or (3) of section 9 in an area of proclaimed waters specified in the notice.”; and

(b) by inserting after sub-section (1) the following sub-section:

“(1a) Nothing shall be taken to prevent the publication under sub-section (1) of a single notice relating to matters referred to in any two or more of the provisions of that sub-section.”.

Offences

5. Section 13 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(6) A person does not contravene paragraph (i) of sub-section (1) by reason of navigating a boat in contravention of a notice for the time being in force under paragraph (h) of sub-section (1) of section 8 if it was necessary to do so, by reason of weather or sea conditions, in order to secure the safety of the boat or of human life.”.