WHALING.
No. 62 of 1935.
An Act relating to Whaling.
[Assented to 9th December, 1935.]
Preamble.
WHEREAS it is desirable and necessary to make provision to ensure the application of the provisions of the Convention for the Regulation of Whaling signed at Geneva on the twenty-fourth day of September, One thousand nine hundred and thirty-one and the punishment of infractions of the said provisions:
BE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Whaling Act 1935.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Definitions.
3. In this Act, unless the contrary intention appears—
“Factory” does not include a ship;
“Licence” means a licence granted under this Act;
“Master” means any person having command or charge of a ship;
“Officer” means an officer performing duties under this Act;
“Owner” includes the manager or secretary of any company or body corporate or any person to whom the whole or a part of a ship belongs;
“Port or place” includes any natural harbour, haven, channel or anchorage in or at which ships can obtain shelter or ship and unship goods;
“Right whale” includes southern right whale, Pacific right whale and southern pigmy right whale;
“Treating whales” includes the operation of cutting up, and the extraction of oil, whalebone or other products from, the carcases of whales, and “treat” has a meaning corresponding to “treating whales”;
“Whale” means a baleen or whalebone whale.
Application of Act.
4.—(1.) This Act shall extend to Australian waters beyond territorial limits, to the Territories of the Commonwealth, to ships registered in Australia, whether or not such ships are in Australian waters or the waters of a Territory of the Commonwealth, and to all ships over which the Commonwealth has jurisdiction.
(2.) The Governor-General may, by proclamation, declare that this Act shall apply in Australian territorial waters or any portion of such waters.
Appointment of officers.
5. Every officer shall, for the purposes of the enforcement of the provisions of this Act, have the same powers and authorities as a constable has under the Crimes Act 1914–1932.
Taking or killing of certain kinds of whales prohibited.
6.—(1.) A person shall not take or kill—
(a) any right whale;
(b) any calf or suckling whale or immature whale; or
(c) any female whale accompanied by a calf or suckling whale.
(2.) Any person who has in his possession any calf or whale taken or killed in contravention of this section, or any part or product of any such calf or whale, shall be guilty of an offence.
(3.) For the purposes of this section, a whale of any description shall be deemed to be immature if it is of less length than that prescribed in relation to whales of that description:
Provided that the length prescribed for…
Overview
The Whaling Act 1935 was enacted to regulate whaling activities within Australian waters, in alignment with the Convention for the Regulation of Whaling signed in 1931. The Act was passed by the Parliament of Australia, aiming to protect whale populations and ensure sustainable whaling practices. It addresses the problem of unregulated whaling, which threatened the depletion of whale stocks. The Act establishes the legal framework for issuing licenses to vessels and factories for whaling activities, enforces specific prohibitions such as the protection of right whales, calves, and nursing females, and mandates the efficient use of whale carcasses. Additionally, it includes provisions for penalties and enforcement mechanisms to ensure compliance with the Act's stipulations.
The enactment of the Whaling Act 1935 was driven by the need to implement international agreements aimed at conserving whale populations. By establishing clear regulations and licensing requirements, the Act sought to mitigate the adverse effects of uncontrolled whaling. The policy objective was to balance the need for regulated whaling with the imperative to protect endangered species, ensuring that whaling practices were conducted in a manner that preserved the sustainability of whale populations.
Scope and Application
The Whaling Act 1935 applies to the taking, killing, and treating of whales in Australian waters beyond territorial limits, within the territories of the Commonwealth, on Australian-registered ships, and any ships under Commonwealth jurisdiction. It extends to ships flying the flag of another country if they are not authorized by that country's government to engage in whaling. The Act prohibits the taking or killing of certain types of whales, including right whales, calves, and females accompanied by young, and imposes penalties for contraventions. It also mandates that whaling activities be conducted under a licence, with specific conditions such as the full utilization of whale carcasses and the maintenance of records. Officers appointed under the Act have the authority to board and inspect ships and factories, search for documents, and enforce compliance with the Act. The Minister has the discretion to grant special permits for scientific purposes, exempting those activities from other provisions of the Act. The Act provides for the forfeiture of whales and their products taken or killed in contravention of its provisions and allows for the making of regulations to further implement its objectives. The Act provides that offences not otherwise specified carry a penalty of up to one hundred pounds, and proceedings may be brought in any state, part of the Commonwealth, or territory where the offence occurred or where the offender is found.
Key Provisions
- The Whaling Act 1935, as enacted, outlines several key provisions concerning the regulation of whaling activities within Australia and its territorial waters. Section 6 of the Act prohibits the taking or killing of certain types of whales, specifically right whales, calves, sucklings, and immature whales, with any violation of this section being an offence. The penalty for such an offence includes a fine of up to two hundred pounds, imprisonment for up to three months, or both, along with an additional fine equal to the value of the products obtained from the whale.
- The Act imposes various obligations on the parties involved in whaling activities. Section 7 stipulates that it is unlawful for a ship or factory to be used for taking, killing, or treating whales unless the owner or charterer of the ship, or the occupier of the factory, holds a valid licence. Similarly, Section 8 prohibits unlicensed ships designed for whaling from entering Australian ports or territories, with severe penalties for violations. Section 10 details the conditions under which a licence may be granted, including the requirement that the fullest possible use of whale carcasses must be made, and adequate equipment must be available for oil extraction.
- Breaches of the Act can result in significant penalties. For instance, Section 7 imposes a penalty of two hundred pounds for each whale taken, killed, or treated in contravention of the Act, while Section 8 imposes a fine of one thousand pounds for an unlicensed ship entering Australian waters. Additionally, Section 14 imposes a penalty of one hundred pounds for each gunner or crew member whose remuneration is dependent on the number of whales taken, in violation of the Act. Section 16 also imposes a penalty of one hundred pounds for any person who refuses to produce necessary documents or provides false information to an officer. Failure to comply with other provisions of the Act may result in fines not exceeding one hundred pounds, as per Section 18.
- Area of Law
- Environmental Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration
- Enforcement Powers
- Offence Provisions
