Power of authorised officer to give directions
81 Power of authorised officer to give directions
S. 81(1) amended by No. 3/2002 s. 12.
An authorised officer may direct a person to cease, immediately, any activity being carried out under a permit granted under section 78(1), if the authorised officer reasonably believes that the activity is detrimental to the welfare of any whale.
A person must comply with a direction given under subsection (1).
- 50 penalty units.
S. 81(3) inserted by No. 45/2008 s. 25.
An authorised officer may direct a person—
not to be within—
a distance of less than 500 metres from any whale; or
the distance, that is specified by the authorised officer, from any whale—
whichever is the lesser; or
to move to—
a distance that is 500 metres from any whale; or
the distance, that is specified by the authorised officer, from any whale—
whichever is the lesser.
S. 81(4) inserted by No. 45/2008 s. 25.
An authorised officer may direct the operator of a vessel to cause the vessel to be operated—
so as not to be within—
a distance of less than 500 metres from any whale; or
the distance, that is specified by the authorised officer, from any whale—
whichever is the lesser; or
to move to—
a distance that is 500 metres from any whale; or
the distance, that is specified by the authorised officer, from any whale—
whichever is the lesser.
S. 81(5) inserted by No. 45/2008 s. 25.
An authorised officer must not make a direction under subsection (3) or (4) unless the authorised officer reasonably believes it is necessary to do so to ensure the welfare of a whale or the safety of any person.
S. 81(6) inserted by No. 45/2008 s. 25.
A person who has been given a direction by an authorised officer under subsection (3) or (4) must comply with the direction unless the person has a reasonable excuse for not doing so.
- 20 penalty units.
S. 81(7) inserted by No. 45/2008 s. 25, amended by No. 65/2010 s. 420(Sch. 3 item 17(a)).
An authorised officer, before giving a direction under subsection (4) to a vessel that is in waters for which a harbour master is required to be engaged under section 220 of the Marine Safety Act 2010, must consult with the harbour master who is engaged for those waters.
S. 81(8) inserted by No. 45/2008 s. 25.
Subsections (3) and (4) have effect despite anything to the contrary in any other section of this Part.
S. 81(9) inserted by No. 45/2008 s. 25, amended by No. 65/2010 s. 420(Sch. 3 item 17(b)) (as amended by No. 29/2011 s. 3(Sch. 1 item 57.9).
In this section harbour master has the same meaning as in the Marine Safety Act 2010.
S. 81A inserted by No. 87/1997 s. 35.
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