NSWIn ForceRegulation
Biodiversity Conservation Regulation 2017
2Definitions
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#### 2 Definitions
2.1 Definitions
> In this Division—
>
> approach a marine mammal includes operate an aircraft or vessel that approaches the marine mammal.
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> aircraft means any airborne craft, including a fixed wing craft, helicopter, gyrocopter, glider, hang glider, hot air balloon, airship or unmanned aircraft.
>
> calf means a whale, dolphin or dugong that is not more than half the length of an adult of the same species.
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> constant slow speed, in relation to a marine mammal or group of marine mammals that is being approached, means a speed of approach to the marine mammal or group that is constant, slow and leaves negligible wake.
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> dolphin means an animal of the family Delphinidae or Phocoenidae (other than a killer whale (*Orcinus orca*)).
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> dugong means an animal of the species *Dugong dugon*.
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> marine mammal means an animal of the order Cetacea or Sirenia or the family Otariidae or Phocidae.
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> operate a vessel includes—
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> > (a) to determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel (whether or not the vessel is underway), and
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> > (b) to pilot the vessel.
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> prohibited vessel means a vessel that is a personal motorised water craft (for example, a jet ski), parasail, hovercraft, wing-in-ground effect craft or a motorised diving aid (for example, a motorised underwater scooter) and includes a remotely operated water craft (for example, a remote controlled speed boat).
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> pup means a seal or sea lion that is not more than half the length of an adult of the same species.
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> seal or sea lion means an animal of the family Otariidae or Phocidae.
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> swimming includes snorkelling or diving.
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> unmanned aircraft means any unmanned airborne craft, including a drone or other remotely piloted airborne craft.
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> vessel includes a water craft of any description that is used or capable of being used as a means of transportation on water, but does not include an aircraft that is capable of landing on water.
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> whale means an animal of the order Cetacea other than a dolphin and includes a killer whale (*Orcinus orca*).
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> **cl 2.1:** Am 2020 (598), Sch 1\[1\]–\[4\].