Prescribed conditions of whale watching tour permits (tour vessel) and whale swim tour permits
28 Prescribed conditions of whale watching tour permits (tour vessel) and whale swim tour permits
For the purposes of section 83H of the Act, the following are prescribed conditions for a whale watching tour permit that specifies that the holder may conduct tours from a tour vessel and for a whale swim tour permit—
the permit holder must ensure that the requirements of these Regulations and the conditions of the permit are displayed on the permit holder's website;
the permit holder must ensure that customers are advised of the requirements of these Regulations and the conditions of the permit prior to their tour;
the permit holder must, for each tour conducted, provide each person on the tour, who is not an employee of the permit holder, with clear and accurate information on the biology and conservation status of and threats facing each species of marine mammal encountered on the tour;
Examples
Information on the biology of marine mammals includes information on their morphology, behaviour, distribution and reproductive cycle.
the permit holder must ensure that signs are clearly posted on the tour vessel in places where all persons on the tour vessel are reasonably likely to see them, advising of the requirements of these Regulations and the conditions of the permit;
the permit holder must ensure that before the tour vessel enters the caution zone of a whale, all persons on the tour vessel are verbally advised of the conditions of the permit and the requirements of these Regulations;
the permit holder must ensure that all persons on the tour vessel, other than an employee of the permit holder, are under the direct supervision of a tour supervisor at all times;
the permit holder must take reasonable steps to ensure that no person on the tour vessel breaches these Regulations;
the permit holder must ensure that no motorised diving or swimming aid is used or allowed to be used within the caution zone of a whale from the tour vessel;
the permit holder must ensure that no prohibited vessel is used or allowed to be used within 300 metres of a whale from the tour vessel;
unless a greater distance is specified in the permit—
the permit holder must ensure that the tour vessel does not approach within 50 metres of a dolphin or 100 metres of a non-dolphin whale, except when the tour vessel is in a narrow waterway; and
the permit holder must ensure that when the tour vessel is in a narrow waterway, the tour vessel does not approach within 25 metres of a whale; and
the permit holder must ensure that when the tour vessel is in a whale sanctuary zone, the tour vessel does not approach within 200 metres of a whale;
Note
While section 77A of the Act provides that the prescribed minimum approach distances in Division 1 of Part 2 of these Regulations do not apply to the holder of a whale watching tour permit or a whale swim tour permit, the approach distances for seals specified in Division 2 of Part 2 of these Regulations apply to the holders of these permits.
the permit holder must ensure that when the tour vessel is within the caution zone of a whale, the tour vessel is not within 100 metres of another tour vessel;
the permit holder must ensure that if a calf is detected, the tour vessel immediately withdraws to a distance from the calf that is at least—
100 metres for a dolphin; or
200 metres for a non-dolphin whale;
the permit holder must ensure that the tour vessel does not remain within the caution zone of any whale for more than a cumulative total of—
60 minutes each tour; and
120 minutes each day.
Subregulation (1)(f) does not apply in an emergency if human lives are threatened.
Note
Additional prescribed conditions for whale swim tour permits are set out in regulation 29.
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