Nature Conservation (Animals) Regulation 2020

This section applies if the chief executive is satisfied—

an area (the relevant area) is, or is likely to be—

critical habitat for a marine mammal; or

a migratory route or corridor for a marine mammal; or

a mating or calving ground for a marine mammal; or

a feeding ground for a marine mammal; or

regularly frequented by a marine mammal; or

the subject of an activity for which a marine mammal is, or is to be, used under Aboriginal tradition or Ailan Kastom; or

the subject of relevant scientific research; and

the relevant area is likely to be the kind of area mentioned in paragraph (a) only for a temporary period; and

it is necessary for the relevant area to temporarily be a marine mammal special management area to achieve a relevant purpose.

The chief executive may—

declare the relevant area to be a marine mammal special management area for a period of not more than 60 days; and

declare 1 or more of the following for a marine mammal in the marine mammal special management area—

the stated distance for the caution zone;

the stated distance for the no approach zone;

the prescribed distance for a prohibited vessel or aircraft;

the prescribed distance for a person entering or in water;

that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal at a stated speed; and

declare activities that are prohibited in the relevant area.

The declaration must be—

published by gazette notice; or

subject to subsection (4), published in—

a newspaper circulating generally throughout Queensland; and

a newspaper circulating generally in the area in which the relevant area is located.

However, the chief executive is not required to publish the declaration under subsection (3)(b)(ii) if the chief executive is satisfied that publishing the declaration under subsection (3)(b)(i) and (5) will give sufficient notice of the declaration to the people particularly affected by it, having regard to—

the relevant area; and

the activities to be regulated in the relevant area.

The chief executive—

must also publish a copy of the declaration on the department’s website and, if practicable, on a sign erected—

at or near a usual access point to the relevant area; or

in a position that would normally be seen by a person accessing the relevant area; and

may publish the declaration in any other way the chief executive considers appropriate.

In this section—

means scientific research relevant to the conservation of marine mammals; and

includes scientific research that enhances scientific knowledge of marine mammals.