Wildlife (Whales) (Logans Beach) Regulations 2001 (Vic)

Wildlife (Whales) (Logans Beach) Regulations 2001

S.R. No. 4/2001

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Definitions	1
5.	Insertion of new Part 4 in the Wildlife (Whales) Regulations
1998	2
PART 4—PROHIBITION ON ACTIVITIES IN LOGANS
BEACH EXCLUSION ZONE	2

13. Offence to enter Logans Beach Exclusion Zone 2

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ENDNOTES 4

i

STATUTORY RULES 2001

S.R. No. 4/2001

Wildlife Act 1975

Wildlife (Whales) (Logans Beach) Regulations 2001

The Governor in Council makes the following Regulations:
Dated: 30 January 2001

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 19981 to provide for the protection of whales at Logans Beach by introducing a period during which the use of vessels is prohibited in a specified area.

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 February 2001.

4. Definitions

Wildlife (Whales) (Logans Beach) Regulations 2001

S.R. No. 4/2001

In regulation 3 of the Wildlife (Whales)
Regulations 1998 insert the following
definitions—

' "Logans Beach Exclusion Zone" means the

land and waters, the outward boundary of
which commences at the south eastern most
tip of Point Ritchie then out to sea in the
direction 350º magnetic to a point located at
latitude 38! 24' 84", longitude 142! 30' 31",
then by a line in a south easterly direction to
a point at latitude 38! 25' 91", longitude
142! 32' 49", then by a line in the direction
of 35º magnetic towards Gaul's Cave to the
low water mark and then by the low water
mark following the shore line to the low
water mark at the south eastern most tip of

Point Ritchie;

"prohibited period" means 1 June to 31 October

in any year;

"vessel" has the same meaning as in the Marine

Act 1988.'.

5. Insertion of new Part 4 in the Wildlife (Whales) Regulations 1998

After Part 3 of the Wildlife (Whales) Regulations

1998 insert—

"PART 4—PROHIBITION ON ACTIVITIES IN

LOGANS BEACH EXCLUSION ZONE

13.  Offence to enter Logans Beach Exclusion Zone

(1) A person in charge of a vessel (including a personal watercraft) must ensure that the vessel does not enter in or remain in the Logans Beach Exclusion Zone at any time

during the prohibited period.
Wildlife (Whales) (Logans Beach) Regulations 2001

r. 5 S.R. No. 4/2001

Penalty: 20 penalty units.

(2) Sub-regulation (1) does not apply to—

(a) any authorised officer or any employee of the Department of Natural Resources and Environment, acting in the course

of his or her duties; or

(b)

a person who has been granted a permit (d), (e) or (f) of the Act.

(3) The Minister, by instrument published in the Government Gazette, may declare that sub- regulation (1) does not apply during any part of a prohibited period and, if the Minister has made such a declaration, sub-regulation (1) does not apply during any period so declared.".

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Wildlife (Whales) (Logans Beach) Regulations 2001

Endnotes

S. R. No. 4/2001

ENDNOTES

1 Reg. 1: S.R. No. 152/1998.