National Parks and Wildlife (Protected Animals—Marine Mammals) Regulations 2010 (SA)

South Australia National Parks and Wildlife (Protected Animals—Marine Mammals) Regulations 2010 under the National Parks and Wildlife Act 1972

Contents Part 1—Preliminary 1 Short title 3 Regulations under section 68(1)(c) of Act 4 Interpretation 5 Application of regulations Part 2—Interaction with marine mammals Division 1—Vessels 6 Interpretation 7 Application of Division 8 Distance to be kept by prescribed vessels 9 Distance to be kept by other vessels 10 Operation of vessels close to marine mammals 11 Speed of motorised vessels close to marine mammals Division 2—Aircraft 12 Distance to be kept by aircraft Division 3—People 13 Interpretation 14 Distance to be kept by swimmers 15 Distance to be kept by persons on land 16 Feeding marine mammals 17 Touching marine mammals 18 Noise or lights near marine mammals Part 3—Miscellaneous 19 Restrictions on commercial activities 20 Expiation of offences Schedule 1—Encounter Bay Restricted Area 1 Encounter Bay Restricted Area Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the National Parks and Wildlife (Protected Animals—Marine Mammals) Regulations 2010. 3—Regulations under section 68(1)(c) of Act These regulations are made under section 68(1)(c) of the Act. Notes— 1 Under section 68(1)(c) of the Act a person must not undertake or continue an act or activity in relation to a protected animal that is contrary to regulations promulgated under that section unless the person acts pursuant to the Act or a permit granted by the Minister under section 68(2) or another provision of the Act or pursuant to some other Act or statutory instrument. 2 Under section 68(2) of the Act the Minister may grant a permit to a person to undertake an act or activity in relation to a protected animal that would otherwise contravene section 68(1). 4—Interpretation In these regulations, unless the contrary intention appears— Act means the National Parks and Wildlife Act 1972; aircraft means any machine or equipment designed to be flown by a person who has control over its speed and direction of movement but does not include a hovercraft; calf means— (a) in the case of a dolphin—a dolphin that is generally in close proximity to an adult dolphin of the same species and is less than half the length of that dolphin; (b) in the case of a whale—a whale that is generally in close proximity to an adult whale of the same species and is less than half the length of that whale; Encounter Bay Restricted Area—see Schedule 1; motorised vessel means a vessel that has a motor or engine as its principal source, or 1 of its principal sources, of motive power; observe, in relation to a marine mammal, means— (a) to watch or listen to the marine mammal; or (b) to film or take photographs of the marine mammal; or (c) to make audio, video or other recordings of the marine mammal, (including by means of remotely controlled equipment); personal watercraft means a jet ski or other motorised vessel designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel; prescribed vessel means any of the following vessels: (a) a personal watercraft; (b) a vessel used to engage in water skiing; (c) a vessel used to engage in parasailing; (d) a hovercraft; (e) a hydrofoil; (f) a wing‑in‑ground effect craft; prescribed viewing structure means a jetty, boardwalk or other man‑made viewing platform or structure; pup means a young seal or sea lion that is less than 1 metre in length or is suckling; signs of disturbance—see regulation 9; submersible means a vessel designed to be operated or used underwater; swimmer includes a person using a bodyboard, boogie board or surfboard; vessel means a boat or other craft, or a device, that is designed— (a) to be operated or used on or in water; and (b) to be navigated or manoeuvred by a person who has control over its speed and direction of movement, and includes a submersible but does not include a bodyboard, boogie board or surfboard. 5—Application of regulations (1) These regulations only apply to, and in relation to, marine mammals that— (a) are protected animals; and (b) are in the wild. (2) These regulations do not apply to a person to the extent that— (a) the person is acting reasonably in the best interests of a marine mammal that— (i) is suffering from injury, disease or exhaustion; or (ii) is stranded; or (iii) is entangled or otherwise incapacitated by material of human origin; or (b) the person is responding in a reasonable manner to an emergency involving danger to human life or damage to the environment; or (c) the person is acting in accordance with the directions or instructions of a warden.