Wildlife (Marine Mammals) Amendment Regulations 2022 (Vic)

Wildlife (Marine Mammals) Amendment Regulations 2022

S.R. No. 87/2022

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Definitions

4Touching marine mammals

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Endnotes

statutory rules 2022

S.R. No. 87/2022

Wildlife Act 1975

Wildlife (Marine Mammals) Amendment Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 20 September 2022

Responsible Minister:

LILY D'AMBROSIO
Minister for Environment and Climate Action

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Wildlife (Marine Mammals) Regulations 2019 to provide that members of a traditional owner group acting in accordance with an agreement under Part 6 of the Traditional Owner Settlement Act 2010 are exempt from the operation of regulation 24 of those Regulations in certain circumstances.

2Authorising provisions

These Regulations are made under sections 85A and 87 of the Wildlife Act 1975.

3Definitions

In regulation 5 of the Wildlife (Marine Mammals) Regulations 2019[1] insert the following definitions—

"agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;".

4Touching marine mammals

After regulation 24(3) of the Wildlife (Marine Mammals) Regulations 2019 insert—

"(4)Subregulations (1) and (2) do not apply to a person who is a member of a traditional owner group if—

(a)the member touches or attempts to touch a dead marine mammal in carrying out an agreed activity in accordance with a traditional owner group agreement by which that member is bound; and

(b)the member is on land to which the agreement applies.".

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Endnotes

[1] Reg. 3: S.R. No. 109/2019.