Nature Conservation (Animals) Regulation 2020

This section applies if the chief executive is satisfied—

a marine mammal—

is at risk of harassment, injury, further injury or death because the mammal is—

a female marine mammal that has recently given, or is about to give, birth; or

a calf separated from a marine mammal or group of marine mammals; or

stranded; or

a morphological-variant or colour-variant marine mammal of its species; or

may potentially be at risk of harassment, injury, or further injury or death because the marine mammal is in a place readily accessible to members of the public; or

is to be used under Aboriginal tradition or Ailan Kastom; and

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

it is necessary for the marine mammal, or a relevant group of marine mammals, to temporarily be declared to be special marine mammals to—

achieve a relevant purpose; or

ensure the safety, health or wellbeing of humans.

The chief executive may—

declare the marine mammal, or the relevant group of marine mammals, to be special marine mammals for a period of not more than 1 year; and

declare 1 or more of the following for the marine mammal or the relevant group of marine mammals—

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 or group at a stated speed.

The declaration must be—

published by gazette notice; or

published in—

a newspaper circulating generally throughout Queensland; and

a newspaper circulating generally in the area in which the marine mammal or relevant group is likely to be 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 nature of the mammal or group; and

the area in which the mammal or group is or is likely to be located.

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 an area in which the mammal or group is or is likely to be located; or

in a position that would normally be seen by a person accessing an area in which the mammal or group is or is likely to be located; and

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