Wildlife (Whales) (Amendment) Regulations 2002 (Vic)

Wildlife (Whales) (Amendment) Regulations 2002

S.R. No. 107/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Regulations	1
5.	Objectives	2
6.	Definitions	2
7.	Prescribed minimum distance	3
8.	Substitution of heading to Part 2	3
9.	Conditions of permits	3
10.	Additional conditions of whale swim tour permits	4
11.	Additional conditions of whale sightseeing permits	4
12.	Substitution of regulation 8	5

8.      Fees for whale sightseeing permits and whale swim tour

permits 5

13.      Offences relating to persons in charge of vessels or using

personal watercraft in waters in the vicinity of whales 5

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ENDNOTES 6

i

STATUTORY RULES 2002

S.R. No. 107/2002

Wildlife Act 1975

Wildlife (Whales) (Amendment) Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 29 October 2002

Responsible Minister:

SHERRYL GARBUTT

Minister for Environment and Conservation

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the Wildlife (Whales) Regulations 1998 to make further provision for the permits and activities connected with whale watching.

2. Authorising provisions

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

3. Commencement

These Regulations come into operation on

1 November 2002.

4. Principal Regulations

In these Regulations, the Wildlife (Whales)
Regulations 19981 are called the Principal
Regulations.

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5. Objectives

In regulation 1 of the Principal Regulations

(a) for paragraph (a)(ii) substitute

"(ii) prescribing conditions of whale

sightseeing permits and whale swim

tour permits; and";

(b) for paragraph (b) substitute

"(b) prescribe the fees payable for the issue of whale sightseeing permits or whale swim tour permits.".

6. Definitions

In regulation 3 of the Principal Regulations

(a)	the definitions of "dolphin swim" and "dolphin sightseeing" are revoked;
(b)	for the definition of "tour supervisor"

substitute

' "tour supervisor" means a person

appointed by the holder of a whale
sightseeing permit or a whale swim tour
permit to supervise persons
participating in a tour conducted under

that permit;';

(c) for the definition of "tour vessel"

substitute

' "tour vessel" means the vessel specified in

a whale sightseeing permit or a whale

swim tour permit;';

(d) in the definition of "vessel" for "1988." substitute "1988;";

Wildlife (Whales) (Amendment) Regulations 2002

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(e) insert the following definition

' "whale swim" means an activity which

involves persons being in the water to

observe or swim with a whale.'.

7. Prescribed minimum distance

In regulation 4 of the Principal Regulations, for "sections 75 and 78" substitute "sections 83(1) and 83A(1)".

8. Substitution of heading to Part 2

For the heading to Part 2 of the Principal

Regulations substitute

"PART 2WHALE SIGHTSEEING PERMITS

AND WHALE SWIM TOUR PERMITS".

9. Conditions of permits

(1) Insert the following heading to regulation 5 of the

Principal Regulations

"Conditions of whale sightseeing permits and

whale swim tour permits".

(2) For regulation 5(1) of the Principal Regulations

substitute

"(1) A whale sightseeing permit or a whale swim

tour permit is subject to the conditions

specified in this regulation.".

(3) In regulation 5(2) of the Principal Regulations

(a)	in paragraphs (a), (b) and (j), for "dolphin" (wherever occurring) substitute "whale";
(b)	in paragraphs (c), (d), (e), (h), (i) and (m), for "dolphin or any other whale" (wherever occurring) substitute "whale";
(c)	in paragraph (h)(iii), for "dolphins or other whales" substitute "whales";

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(d)	in paragraph (h)(iv) omit "mother dolphin and calf or any other";
(e)	in paragraph (i)(iii) omit "dolphin or" (where twice occurring).

10. Additional conditions of whale swim tour permits

(1) Insert the following heading to regulation 6 of the

Principal Regulations

"Additional conditions of whale swim tour

permits".

(2) For regulation 6(1) of the Principal Regulations

substitute

"(1) In addition to the conditions specified in regulation 5, a whale swim tour permit is subject to the conditions specified in this regulation.".

(3) In regulation 6(2) of the Principal Regulations

(a)	for "dolphin swim" (wherever occurring) substitute "whale swim";
(b)	in paragraphs (f) and (h), for "dolphin" substitute "whale";
(c)	in paragraph (p), for "dolphin swims" substitute "whale swims".

(4) In regulation 6(3) of the Principal Regulations, for

"dolphin swim" substitute "whale swim".

11. Additional conditions of whale sightseeing permits

(1) Insert the following heading to regulation 7 of the

Principal Regulations

"Additional conditions of whale sightseeing
permits".

Wildlife (Whales) (Amendment) Regulations 2002

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(2) For regulation 7(1) of the Principal Regulations

substitute—

"(1) In addition to the conditions specified in

regulation 5, a whale sightseeing permit is
subject to the conditions specified in this

regulation.".

(3) In regulation 7(2) of the Principal Regulations, for

"dolphin" (wherever occurring) substitute

"whale".

12. Substitution of regulation 8

For regulation 8 of the Principal Regulations

substitute

"8. Fees for whale sightseeing permits and

whale swim tour permits

(1) The fee payable for a whale sightseeing

permit is $375.

(2) The fee payable for a whale swim tour permit is $700.".

13.  Offences relating to persons in charge of vessels or using personal watercraft in waters in the vicinity of whales

In regulation 9(3) of the Principal Regulations, for

"dolphin swim" substitute "whale swim".

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Wildlife (Whales) (Amendment) Regulations 2002

Endnotes

S.R. No. 107/2002

ENDNOTES

1 Reg. 4: S.R. No. 152/1998 as amended by S.R. Nos 4/2001 and 44/2001.