Whaling Regulations

Legislation au C1936L00114 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1936. No. .

REGULATIONS UNDER THE WHALING ACT 1935.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Whaling Act 1935.

Dated this twenty-fourth day of August, 1936,

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

Whaling Regulations.

Short title.

1. These Regulations may be cited as the Whaling Regulations.

Commencement.

2. These Regulations shall come into operation on the twenty-fourth day of August, 1936.

Definition.

3. In these Regulations, unless the contrary intention appears—

“the Act” means the Whaling Act 1935.

Prescribed length of whales.

4. The following lengths of whales are prescribed in pursuance of sub-section (3.) of section 6 of the Act:—

Blue whales—60 feet.

Fin whales—50 feet.

Prescribed authorities under section ten.

5. The Secretary, Department of Commerce, and the Director of Navigation shall be prescribed authorities for the purposes of section 10 of the Act.

Applications for licences.

6.—(1.) An application for a licence under the Act shall be made in writing, and shall be forwarded, with the appropriate licence fee as prescribed in section 10 of the Act, to the Secretary, Department of Commerce.

(2.) Where the application relates to a ship, it shall be signed by the owner or charterer of the ship, who shall specify in the application the name of the ship and the port of registry of the ship, the names of the registered owner and master respectively, and the number of catchers or chasers attached to the ship.

(3.) Where the application relates to a factory, it shall be signed by the occupier of the factory, who shall furnish in the application full particulars with regard to the location and capacity of the factory.

* Notified in the Commonwealth Gazette on , 1936.

2511.—12/24.6.1936.—Price 5d.

Issue of licences.

7.—(1.) A licence issued to the owner or charterer of a ship to engage in taking or killing whales shall be in accordance with Form W.-l in the Schedule to these Regulations.

(2.) A licence issued to the owner or charterer of a ship or to the occupier of a factory to engage in treating whales shall be in accordance with Form W.-2 in the Schedule to these Regulations.

Conditions as to grant of licences.

8. A licence to engage either in taking or killing whales or in treating whales shall be granted upon and subject to the following conditions, which shall be in addition to those specified in section 11 of the Act:—

(a) That neither the licensee, nor any person employed by him, shall take, kill, snare, or wound in any way, any birds, fish, or seals, or take any eggs, except for the purpose of providing food for the persons on board the licensed vessel or on the whale catchers or chasers attached thereto, or the persons employed at the licensed factory;

(b) That, in the case of a ship or factory licensed for the purpose of treating whales, there shall not be delivered to the ship or factory a greater number of whales than can be treated by the plant therein, efficiently and in accordance with the conditions contained in paragraphs (a), (b) and (c) of sub-section (1.) of section 11 of the Act, within a period of forty-eight hours after such delivery;

(c) That the plant used in the ship or factory for the extraction of oil from the blubber, flesh and bones of whales shall be maintained in good order and operated efficiently, and shall be capable of converting any whale into commercial produce within forty-eight hours of its delivery to the ship or factory; and

(d) That the ship in respect of which the licence is granted shall, on each occasion on which the ship is despatched from Australia for the purpose of whaling, call at the port of Hobart in the State of Tasmania or such other port in the Commonwealth as has been previously approved by the Minister, and the master shall report to the Deputy Director of Navigation and Lighthouses at that port, and produce to him the licence or licences in respect of the ship.

Returns.

9.—(1.) The return which shall be furnished each year by the owner or master of a ship licensed to engage in taking or killing whales, in pursuance of paragraph (e) of sub-section (1.) of section 11 of the Act, shall be in accordance with Form W.–3 in the Schedule to these Regulations.

(2.) The return which shall be furnished in each year by the owner or master of any ship or the occupier of any factory licensed to engage in treating whales, in pursuance of section 13 of the Act, shall be in accordance with Form W.–4 in the Schedule to these Regulations.

(3.) The returns referred to in this regulation shall be forwarded by the owner or master of the ship, or by the occupier of the factory, as the case may be, to the Minister at the earliest possible opportunity after the conclusion of the whaling operations of each season.

Accommodation and subsistence fees for officers.

10. The sum to be paid, pursuant to sub-section (2.) of section 17 of the Act, to the owner or master of a ship in respect of each day on which an officer remains on board and is provided with subsistence and accommodation, shall be six shillings.

THE SCHEDULE.

Form W.–1.

Commonwealth of Australia.

Department of Commerce.

Whaling Act 1935.

LICENCE TO ENGAGE IN TAKING OR KILLING WHALES.

Name of Ship and Port of Registry.	Name of Master.	Name and Address of Owner or Charterer.

Pursuant to the provisions of the Whaling Act 1935,

Owner/Charterer of the SS. registered at..................... is hereby licensed in respect of such ship and of the whale catchers or chasers attached thereto to the number of..................to engage in taking or killing whales for the period of..............commencing on the.............. day of................., and ending on the..............day of..................,subject to compliance with the provisions of the said Act and of the Regulations thereunder.

Dated at........................this…….................day of.......................19 …….

(Official Stamp)

Form W.–2.

Commonwealth of Australia.

Department of Commerce.

Whaling Act 1935.

LICENCE TO ENGAGE IN TREATING WHALES.

Pursuant to the provisions of the Whaling Act 1935

………………	Owner
	Charterer of the Ship referred to hereunder, is hereby licensed in
	Occupier of the Factory

respect of the said ship/factory for a period of..............................commencing on the ..........................day of...............and ending on the ………................day of ...................... to engage in treating whales, subject to compliance with the provisions of the said Act and of the Regulations thereunder.

Dated at................this................day of................19...

(Official Stamp) ……..............................

Form W.—3

Commonwealth of Australia

Whaling Act 1935.

RETURN OF PARTICULARS REQUIRED BY THE WHALING ACT 1935 TO BE FURNISHED BY THE OWNER OR MASTER OF A SHIP LICENSED TO ENGAGE IN TAKING OR KILLING WHALES.

Name and tonnage of ship.	Name and tonnage of each whale catcher or chaser attached to the ship.	List of the Land Stations which were in operation in connexion with the ship during the period in which the ship was engaged in taking or killing whales.	Particulars of each whale taken or treated shown as far as possible in chronological order.							Amounts of oil of each grade and quantities of meal, guano and other products derived from whales taken by the ship.
Name and tonnage of ship.			Date of taking.	Place of taking.	Species.	Sex.	Length (from tip of the snout to the notch between the flukes of the tail), measured when taken out of water; estimated if cut up in water.	When foetus is present, length and sex, if ascertainable.	Information as to the stomach contents when practicable.

I declare the above to be a full and correct Return of the particulars required by section 11 of the Whaling Act 1935.

To the Minister for Commerce,

Department of Commerce,

…………………………………………… Date / /19 ………………………………………………

Owner.

Master.

Commonwealth of Australia. Form W.–4

Department of Commerce.

Whaling Act 1935.

RETURN OF PARTICULARS REQUIRED BY THE WHALING ACT 1935 TO BE FURNISHED EACH YEAR BY THE OWNER OR MASTER OF A SHIP AND THE OCCUPIER OF ANY FACTORY LICENSED TO ENGAGE IN TREATING WHALES.

Name of Ship or Name and Location of Factory.	Number of each species of whale treated in the ship or at the Factory.	Amount of Oil of each grade and quantities of Meal, Guano and other products derived therefrom.

I declare the above to be a full and correct return of the particulars required by section 13 of the Whaling Act 1935.

To the Minister for Commerce,

Department of Commerce,

……………………………..

Date / /19

……………………………….

Owner or Master of Ship.

Occupier of Factory.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Whaling Regulations 1936 were introduced to provide the framework necessary for the implementation of the Whaling Act 1935. Enacted by the Governor-General in accordance with the Federal Executive Council, these regulations were designed to establish a structured approach to the licensing and operation of whaling activities in Australian waters. They include provisions for the length of whales that can be targeted, the authorities responsible for issuing licenses, the application process, the conditions under which licenses are granted, and the reporting requirements for those engaged in whaling. The policy objective of these regulations is to ensure that whaling activities are conducted in a manner that is both sustainable and regulated, protecting the interests of both the industry and the environment.

Scope and Application

The Whaling Regulations, made under the Whaling Act 1935, apply to individuals and entities involved in whaling activities within the Commonwealth of Australia. This includes the owners or charterers of ships and the occupiers of factories engaged in the taking, killing, or treatment of whales. The regulations cover the geographic scope of the Commonwealth, setting out specific standards and conditions for the issuance and operation of whaling licences. The prescribed authorities responsible for administering these regulations are the Secretary of the Department of Commerce and the Director of Navigation. Exclusions or exemptions from the regulations are not explicitly stated in the text, but the regulations do impose strict conditions on the conduct of whaling activities, such as limitations on the number of whales that can be treated within a specified period and requirements for the maintenance and operation of whaling plant. The regulations also allow for the extension or restriction of their application through subordinate instruments, as indicated by the inclusion of forms for licences and returns to be used in compliance with the Act.

Key Provisions

The Whaling Regulations 1936, made under the Whaling Act 1935, set forth the operational framework for the regulation of whaling activities within Australian waters. The regulations establish a series of requirements for the issuance of licences for ships and factories involved in whaling activities, including taking or killing whales and treating whales (Regulations 5 to 8). These regulations specify that applications for licences must be made in writing to the Secretary, Department of Commerce, and include specific details about the ship or factory, such as the name, port of registry, and capacity (Regulation 6). Licences themselves must be in accordance with forms prescribed in the Schedule to these regulations (Regulation 7). Additionally, the regulations impose various conditions on the grant of these licences, such as ensuring that whaling activities do not interfere with other marine life and that facilities are adequately maintained and operated efficiently (Regulation 8). The Whaling Regulations 1936 also impose obligations on the parties involved in whaling activities. These include the requirement for ship owners or charterers and factory occupiers to submit annual returns detailing the specifics of their whaling operations, such as the number of whales taken or treated, the species, and the quantities of products derived from the whales (Regulation 9). These returns must be submitted to the Minister for Commerce and must adhere to the forms prescribed in the Schedule (Forms W-3 and W-4). Furthermore, the regulations dictate that the master of a whaling ship must report to the Deputy Director of Navigation and produce the licence upon calling at the port of Hobart or an approved alternative port (Regulation 8(d)). Failure to comply with the provisions of the Whaling Regulations 1936 may result in various consequences. While the regulations themselves do not explicitly outline specific offences or penalties, violations of the Whaling Act 1935, under which these regulations are made, could lead to legal action. The Act may include provisions for penalties, which could range from fines to imprisonment, depending on the severity of the breach. Additionally, non-compliance with the regulatory requirements, such as failing to submit the necessary returns or operating in violation of the licence conditions, could result in the revocation of the licence or other administrative penalties imposed by the relevant authorities.

Area of Law: Environmental Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Licensing & Registration; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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