Whaling Regulations (Amendment)

Overview

The Whaling Regulations 1977 are a legislative instrument made under the Whaling Act 1960. This regulation was enacted to amend the existing Whaling Regulations, specifically to establish a standardised method for measuring whales. This was necessitated to ensure consistency and accuracy in the recording of whale measurements, which is crucial for both regulatory compliance and scientific research. Made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, the regulation aims to provide clear guidelines for the measurement of whales, thereby addressing the need for uniformity in the enforcement of whaling regulations. The regulation ensures that measurements are taken accurately and consistently, reflecting the policy objective of maintaining effective oversight and conservation of whale populations.

Scope and Application

This regulation applies to all activities related to whaling as specified under the Whaling Act 1960 in Australia, including the methods and procedures for measuring whales. It directly affects entities involved in whaling operations, such as companies and individuals engaged in whaling activities. The regulation specifies that it applies nationwide, covering all states and territories within the Commonwealth of Australia. This regulation does not explicitly exclude or exempt any particular person, entity, or activity, but rather sets a standardised method for measuring whales, which is a critical aspect of ensuring compliance with whaling laws. The regulation extends its application by providing detailed instructions on how the measurement process should be conducted, which is a key enforcement mechanism to ensure uniformity and accuracy in compliance with the Act.

Key Provisions

The main operative sections of the Whaling Regulations (1977) are contained in regulation 12, which details the method of measuring whales (reg. 12(1)). The regulation specifies that whales must be measured when they are at rest on the deck of a ship or on a platform, and after the hauling up wire and grasping device have been released (reg. 12(2)). The regulation further describes how the length of the whale should be measured, which involves taking the minimum distance between two specific points on the whale: the tip of the upper jaw or the most forward point of the head for whales other than sperm whales, and the most forward point of the head for sperm whales, and the apex of the notch between the tail flukes of the whale (reg. 12(3)). The measurement is to be taken to the nearest centimetre using a tape-measure of non-stretching material and, unless impractical, along the back of the whale, with the zero end of the tape-measure attached to a spike or other stable device (reg. 12(4)). The obligations and requirements imposed by the Whaling Regulations on the parties or entities it governs include the necessity to measure whales according to the prescribed method outlined in regulation 12. This includes ensuring that the whale is at rest on the deck or platform, that the necessary devices have been released, and that the measurement is taken accurately using a non-stretching tape-measure from the specified points on the whale. The regulations also require that the measurement be taken along the back of the whale unless it is impracticable to do so. These requirements are intended to ensure that whale measurements are consistent and reliable, which is crucial for the management and conservation of whale populations. Any breach of the Whaling Regulations may result in civil or criminal consequences, although the specific penalties for such breaches are not detailed in the provided text of the regulation. Generally, under the Whaling Act 1960, penalties for breaches can include fines and imprisonment. The maximum penalties are not specified within the Whaling Regulations but are likely to be outlined in the principal Act or other related legislation. Compliance with these regulations is essential to avoid legal repercussions, and it is imperative that all parties involved in whaling activities adhere to the prescribed methods and requirements to prevent any breaches.