Protection of visibly disturbed marine fauna
121 Protection of visibly disturbed marine fauna
If a vessel, aircraft or aerial device is near any marine fauna that exhibits any sign of being disturbed (whether or not the vessel, aircraft or device is the cause of the disturbance), the person in charge of the vessel, aircraft or device must ensure that the vessel, aircraft or device is immediately moved away from the marine fauna to a distance that ensures that it cannot reasonably have any effect on the marine fauna.
Penalty for this subregulation: a fine of $5 000.
It is a defence to a charge of an offence under subregulation (1) to prove that —
to move the vessel, aircraft or device immediately away would have endangered the safety of any person; and
the person in charge of the vessel, aircraft or device moved the vessel, aircraft or device away as soon as it was reasonably practicable to do so without endangering the safety of any person.
This regulation does not apply in relation to a person who is acting under Division 3.
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