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reg 33

Monthly returns

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Part 6Fees and record keeping

33 Monthly returns

(1)

The holder of a whale watching tour permit, a whale swim tour permit or a seal tour permit must, for each month, keep a monthly return in the form provided by the Secretary.

Penalty: 20 penalty units.

(2)

The holder of a whale watching tour permit or whale swim tour permit must ensure that, for each tour conducted, the following information is recorded—

(a)

the name of the tour supervisor on the tour;

(b)

the number of persons, other than the permit holder and any employee of the permit holder, on the aircraft or vessel during the tour;

(c)

the date and time of day the tour commenced and finished;

(d)

for a whale watching tour permit that specifies that the holder may conduct tours from an aircraft, the time of day for each instance the aircraft passed over a whale or whales;

(e)

for a whale watching tour permit or whale swim tour permit that specifies that the holder may conduct tours from a vessel, the time of day for each instance that the vessel entered and left the caution zone of a whale;

(f)

the location of any whales sighted;

(g)

the species and number of whales sighted;

(h)

any other information required by the Secretary.

(3)

In addition to any information required to be recorded under subregulation (2), the holder of a whale swim tour permit must ensure that, for each whale swim tour conducted, the following information is recorded before any person disembarks from the tour vessel—

(a)

the number of persons, other than the permit holder and any employee of the permit holder, on the whale swim tour who participated in the whale swim during that tour;

(b)

the time of day that the whale swim commenced and finished;

(c)

the location of the whale swim;

(d)

any other information required by the Secretary.

(4)

The holder of a seal tour permit must ensure that, for each tour conducted, the following information is recorded—

(a)

the name of the tour supervisor on the tour;

(b)

the number of persons, other than the permit holder and any employee of the permit holder, on the vessel during the tour;

(c)

the date and time of day the tour commenced and finished;

(d)

the time of day for each instance that the vessel entered a seal breeding colony;

(e)

the location of seals sighted;

(f)

any other information required by the Secretary.

(5)

The holder of a permit must ensure that any information required to be recorded under subregulation (2), (3) or (4) is included in the return kept under subregulation (1) for the calendar month in which the relevant tour is conducted.

Penalty: 20 penalty units.

(6)

The holder of a permit must ensure that each return kept under subregulation (1) is submitted to the Secretary by the fourteenth day of the month following the calendar month to which the return relates.

Penalty: 20 penalty units.

(7)

The holder of a permit must ensure that a return kept under subregulation (1) is made available for inspection by an authorised officer upon request.

(8)

The holder of a permit must comply with a request from an authorised officer to inspect a return kept under subregulation (1).

Penalty: 20 penalty units.

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