Biodiversity Conservation Regulation 2017

In this clause—

for a dolphin or dugong (including a calf)—150 metres,

for a whale (including a calf)—300 metres.

Within the caution zone for a whale, dolphin or dugong (other than a calf), a person operating a vessel that is not a prohibited vessel—

must operate the vessel at a constant slow speed and in a manner that consistently minimises noise, and

must make sure that the vessel does not drift closer than—

for a dolphin or dugong—50 metres, or

for a whale—100 metres, and

if the whale, dolphin or dugong shows signs of being disturbed—must immediately withdraw the vessel from the caution zone at a constant slow speed, and

if there is more than one person on the vessel—must post a lookout for whales, dolphins or dugongs, and

without limiting paragraph (b), must approach a whale, dolphin or dugong only—

from the rear, at an angle of no closer than 30 degrees to its observed direction of travel, or

by positioning the vessel ahead of the whale, dolphin or dugong at more than 30 degrees from its observed direction of travel, and

must make sure the vessel does not restrict the path of the whale, dolphin or dugong, and

must make sure the vessel is not used to pursue the whale, dolphin or dugong.

A person operating a vessel that is not a prohibited vessel must not allow the vessel to enter the caution zone of a calf.

If a calf approaches a vessel that is not a prohibited vessel so that the vessel comes within the caution zone of the calf, the person operating the vessel—

must immediately stop the vessel, and

must—

turn off the vessel’s engines, or

disengage the vessel’s gears, or

withdraw the vessel from the caution zone at a constant slow speed.

A person operating a vessel that is not a prohibited vessel must not enter the caution zone of a whale, dolphin or dugong if there are more than 2 vessels in the caution zone.

If a whale (other than a calf) approaches a vessel that is not a prohibited vessel or comes within the limits specified in subclause (2)(b), the person operating the vessel must—

disengage the vessel’s gears and let the whale approach, or

reduce the speed of the vessel and continue on a course away from the whale.

If a dolphin or dugong (other than a calf) approaches a vessel that is not a prohibited vessel or comes within the limits specified in subclause (2)(b), the person operating the vessel must not suddenly change the course or speed of the vessel.