Wildlife (Marine Mammals) Regulations 2019

A person must not enter a seal breeding colony.

A person does not commit an offence against subregulation (1) merely because the person enters a seal breeding colony because it was necessary to do so in order to comply with an Act or regulations relating to navigation.

Subregulation (1) does not apply to a person who is acting in accordance with a permit granted under section 85C of the Act.

A person operating a regulated aircraft must not fly lower than 300 vertical metres within a 300‑metre radius of a seal breeding colony.

A person operating a prohibited vessel must not allow that vessel to approach within 200 metres of a seal breeding colony.

A person does not commit an offence against subregulation (1), (4) or (5) merely because—

the person is—

acting in accordance with a commercial fishery licence within the meaning of the Fisheries Regulations 2009; and

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 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.