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reg 13

Minimum distances from seals for allowable vessels

In force
Part 2Minimum distances from marine mammals
Division 2Minimum distances for seals

13 Minimum distances from seals for allowable vessels

(1)

A person operating an allowable vessel must not allow that vessel to approach within—

(a)

10 metres of a seal—

(i)

if the seal is on a haul out; and

(ii)

the person operating the vessel is the holder of a tour operator licence granted under the National Parks Act 1975; or

(b)

30 metres of a seal—

(i)

if the seal is on a haul out; or

(ii)

if the seal is on land; or

(c)

5 metres, if the seal is on water infrastructure.

Penalty: 20 penalty units.

(2)

A person does not commit an offence against subregulation (1) merely because the person is within a distance that is less than the approach distance specified in subregulation (1)(a) or (b) (as the case requires) because it was necessary to—

(a)

avoid damage or prevent further damage to person or property; or

(b)

pass through the entrance to the structure known as Pope's Eye within the Port Phillip Heads Marine National Park located at 38.277°S 144.699°E.

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