Prescribed minimum distance for a stranded or entangled whale
11 Prescribed minimum distance for a stranded or entangled whale
For the purposes of section 77A(1) of the Act, for any person the prescribed minimum distance from a whale that is stranded or entangled is 300 metres, unless—
the person is acting in accordance with a commercial fishery licence within the meaning of the Fisheries Regulations 2009[2] and is tending to commercial fishing equipment within the meaning of the Fisheries Act 1995; or
the person is acting in accordance with a permit or authorisation granted or issued under the Act; or
the person is an authorised officer acting in the course of the officer's duties or a person acting under the direction of an authorised officer; or
the person is a POCTA inspector acting in the course of the inspector's duties or a person acting under the direction of a POCTA inspector; or
the person is within a distance that is less than 300 metres because it was necessary to do so in order to comply with an Act or regulations relating to navigation; or
the person has been engaged by a port manager to undertake work to review or maintain the integrity of navigational aids under the control and management of the port manager; or
the person is undertaking research, study or investigation pursuant to section 20 of the National Parks Act 1975.
Notes
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