National Parks and Wildlife (Protected Animals—Marine Mammals) Regulations 2025

These regulations establish a detailed, activity‑based regime governing human interaction with protected marine mammals in South Australia. They come into operation on 1 September 2025 (r 2) and are made under section 68(1)(c) of the National Parks and Wildlife Act 1972 (the Act) (r 3). Contravening a regulation made under that provision engages the section 68(1) prohibition against undertaking or continuing an act or activity in relation to a protected animal contrary to regulations, subject to exceptions such as a permit granted by the Minister under section 68(2) of the Act (r 3, notes 1 and 2). The regulations apply only to protected animals that are in the wild (r 5(1)).

Mechanically, the instrument:

• defines key terminology including what counts as a vessel, aircraft, swimmer, calf and pup, and explicitly notes that all spatial lines are geodesics based on GDA2020 coordinates (r 4(1)-(2));
• prescribes minimum separation distances depending on mode of approach and animal type: e.g. prescribed vessels 300 metres (r 8), other vessels typically 100 metres to whales and 50 metres to other marine mammals with stepped-up buffers to 300 metres or 150 metres in disturbance/illness/calf/pup/protection area or multi-vessel scenarios (r 9);
• sets operational constraints on vessels within those buffer zones including prohibition on head‑on or tail‑on approaches, anchoring, and maximum dwell times (vessels must not remain within 300 metres of a whale for more than 60 minutes; comparable 150 metre/60 minute rule for other marine mammals) (r 10(1)-(2));
• caps speeds for motorised vessels within the regulated distances at 4 knots (r 11);
• sets aircraft altitude minima when observation is a purpose: 500 metres for gyrocopters and helicopters, 300 metres for other aircraft (r 12);
• prescribes swimmer separation distances (30 metres baseline, plus extended distances when the animal shows disturbance, is a calf, injured, entangled, stranded or within a protection area) and a 30 minute maximum time in proximity (r 13-14);
• regulates people on land with minimum distances and an exception for prescribed viewing structures (r 15);
• prohibits feeding, touching, certain noise/light uses, playback of underwater recordings, and disposal of material likely to be ingested when a marine mammal is in the vicinity (r 16-18);
• restricts fee‑for‑reward commercial activity that takes or assists another person to the vicinity of a marine mammal to observe or swim near it, while expressly permitting tours for fee or reward to provide observation from a prescribed viewing structure (r 19);
• sets an expiation fee of $315 for an alleged offence against s 68(1) of the Act comprised of contravening these regulations (r 20);
• establishes three named Whale Nursery Protection Areas with precise coordinates and geodetic basis in Schedule 1; and
• repeals the 2010 regulations (Schedule 2).

The instrument is purposive in structure. It qualifies application of many of the Division‑level rules by requiring that observing marine mammals or swimming near them be the purpose, or one of the purposes, for which the vessel or aircraft is being used (r 7, r 12(1)). It preserves narrowly framed exceptions for persons acting reasonably in the best interests of an injured, stranded or entangled animal, in an emergency involving human life or environmental damage, or in accordance with directions of a warden (r 5(2)). The Minister retains permit power under the Act to authorise otherwise prohibited acts (r 3 note 2).

The regulations are built around four organising concepts: protected animals in the wild, activity‑based proximity rules, operational limitations, and a commercial restriction that differentiates vessel‑based tours from land‑based viewing structures.

Protected animals in the wild: the rules apply only to marine mammals that are protected animals and are in the wild (r 5(1)). The Act is the source of the protective status; these regulations operate as subordinate instruments under the Act (r 3). The regulations also provide an exception where a person acts reasonably in the best interests of an injured, stranded or entangled animal, or in emergency circumstances, or in response to a warden (r 5(2)).

Activity‑based proximity rules: separation distances depend on the actor (vessel, aircraft, swimmer, person on land), the animal type (whale versus other marine mammal such as dolphin, seal or sea lion), and contextual triggers (signs of disturbance, injury, entanglement, whether the animal is a calf or pup, presence in a protection area, or the number of vessels already in proximity) (r 8-9, r 12-15). Regulation 4 defines “observe” broadly to include watching, listening, filming, photographing and remotely controlled equipment, which extends the spatial rules to modern observation techniques (r 4).

Operational limitations: while in proximity, vessels face further constraints: no head‑on or tail‑on approaches, no anchoring, avoidance of moving between individuals of the same species when multiple animals are present, time limits on how long a vessel or swimmer can remain in proximity (60 minutes for vessels, 30 minutes for swimmers), and speed caps of 4 knots for motorised vessels within the specified distances (r 10-11, r 14). Aircraft used for observation must meet altitude minima and withdraw if the animal shows signs of disturbance (r 12).

Commercial restriction and permitted alternative: commercial activities for fee or reward that take or assist a person into the vicinity of a marine mammal to enable observation or swimming are prohibited, with a carve‑out allowing tours for fee or reward to take persons to prescribed viewing structures for observation (r 19).

Definitions and technical architecture: key definitions in r 4 structure who is covered and how distances are measured. “Prescribed vessel” is a finite list including personal watercraft, vessels used for water skiing, parasailing, hovercraft, hydrofoils and wing‑in‑ground effect craft (r 4). The regulations specify that spatial descriptions use geodesics based on GDA2020 (r 4(2)). “Calf” and “pup” are defined by proximate size and proximity to an adult (r 4).

The regulations assign obligations to a broad set of actors who interact with marine environments where protected marine mammals may be present. Each obligation is role‑specific.

Vessel operators and controllers: a “person in control of a vessel” is the target of many rules. The instrument includes submersibles in the definition of vessel and explicitly states that references to a person in control of a vessel include a swimmer who is using a submersible or other vessel (r 4, r 6). Vessels used with the purpose of observing marine mammals or enabling swimming near them are subject to Division 1 (r 7). Prescribed vessels identified in r 4 (personal watercraft, vessels used for water skiing or parasailing, hovercraft, hydrofoils and wing‑in‑ground effect craft) face the strictest vessel distance minimum of 300 metres to any marine mammal (r 8). Operators of other vessels face graduated distance obligations (r 9), operational constraints (r 10), and speed limits when close to marine mammals (r 11).

Swimmers and dive operators: swimmers, including those snorkelling, scuba diving or using hookah equipment, are regulated separately (r 13-14). Swimmers must keep baseline distance of 30 metres, step up to much larger distances under particular triggers (r 14), and cannot remain within the specified distances for more than 30 minutes (r 14(4)). The instrument distinguishes swimmers from persons using submersibles, who are treated as vessel controllers (r 6, r 13).

Aircraft operators and pilots: aircraft used for the purpose of observing marine mammals are subject to altitude minima (r 12). The minima differ by type, 500 metres for gyrocopter and helicopter, 300 metres for other aircraft (r 12(2)-(3)). The aircraft rules apply only where observation is the purpose or one of the purposes for which the aircraft is being used (r 12(1)).

People on land and managers of viewing infrastructure: persons on land must keep minimum separation distances to seals and sea lions, and to other marine mammals in disturbed/injured/entangled/calf/pup cases, with an exception where the person is on a prescribed viewing structure and no seal or sea lion is present on the structure at the same time (r 15).

Commercial operators and tour providers: r 19 specifically targets commercial activity for fee or reward. Persons must not, for fee or reward, use an aircraft, vessel or other means to take another person into the vicinity of a marine mammal to enable observation or swimming, nor assist another person in the vicinity to observe or swim near the animal (r 19(1)). An explicit exception allows taking customers to a prescribed viewing structure as part of a paid tour for the purpose of observation (r 19(2)).

The regulations impose a set of affirmative duties and negative prohibitions that vary by actor. Rights are primarily negative (permission through absence of prohibition or by permit).

Duties on controllers of prescribed vessels

• Maintain a minimum distance of 300 metres from any marine mammal when the vessel is being used for observing or enabling swimming (r 8). This duty is unconditional in the text for prescribed vessels and does not require the disturbance/illness triggers to be present.

Duties on controllers of other vessels

• Keep at least 100 metres from a whale and 50 metres from other marine mammals when the vessel is being used for observation or swimming purposes (r 9(1)).
• Increase the whale buffer to 300 metres and other mammal buffer to 150 metres where the animal shows signs of disturbance, appears sick or injured, is stranded, is entangled or incapacitated by human material, is a calf or pup, is within a protection area, or where there are already two vessels within the applicable buffer (r 9(2)-(3)).
• Do not approach head on or tail on, do not drop anchor, and do not remain within the buffer more than 60 minutes (r 10(1)-(2)).
• If a whale or other marine mammal moves towards a vessel that is already within the buffer, the person in control must not use the vessel for observation or to enable swimming unless they maintain or move away from the animal (r 10(3)-(4)); if the animal shows signs of disturbance the vessel must move to the specified distance and remain there until disturbance ceases (r 10(8)-(9)).
• Do not manoeuvre a vessel between animals of the same species that are close together (r 10(5)-(6)).
• Maintain direction and speed if a dolphin is riding a vessel’s bow wave, unless stopping is necessary and then slow gradually (r 10(7)).
• Operate motorised vessels at no more than 4 knots while within 300 metres of a whale or within 150 metres of other marine mammals (r 11).

Duties on swimmers

• Keep at least 30 metres from a marine mammal (r 14(1)).
• Increase separation to 300 metres for whales and 150 metres for other marine mammals when triggers apply (signs of disturbance, injury, stranding, entanglement, calf/pup) (r 14(2)-(3)).
• Do not remain within 300 metres of a whale or 150 metres of a non‑whale marine mammal for more than 30 minutes (r 14(4)).
• Note that swimmers include snorkellers and scuba/hookah users, but not swimmers using submersibles (r 13).

The instrument integrates with the sanctioning framework of the National Parks and Wildlife Act 1972 rather than creating a standalone novel penalty matrix.

Statutory offence hook

• These regulations are made under section 68(1)(c) of the Act (r 3). The regulations operate as the content of conduct which, if undertaken contrary to section 68(1), constitutes an offence against the Act as described in the r 3 note. That note explicitly states that a person must not undertake or continue an act or activity in relation to a protected animal that is contrary to regulations promulgated under s 68(1)(c) unless acting pursuant to the Act, a permit granted under section 68(2), or another statutory instrument (r 3 note 1).

Expiation fee

• The regulations set an expiation fee of $315 for an alleged offence against s 68(1) of the Act comprised of contravening these regulations (r 20). The regulations do not list alternative monetary penalties, imprisonment or other sanctions; they leave primary enforcement and penalty architecture to the Act, providing expiation as a specific mechanism for these contraventions (r 3 note 1, r 20).

Enforcement actors and instruments

• The regulations refer to wardens in the exceptions to application (r 5(2)(c)). Wardens are apparatus established under the Act; the regulations do not create or name enforcement agencies (police, park rangers or maritime authorities). Enforcement therefore relies on the Act’s enforcement machinery and appropriate delegated officers under the Act, though those roles and appointment mechanisms are outside the text of the regulations themselves (r 3, r 5(2)(c)).

Evidentiary and practical enforcement considerations (operational mechanics)

• Many obligations depend on spatial measurement (distances and altitudes specified in metres) and on the factual state of the animal (signs of disturbance, sickness, entanglement, calf/pup status) (r 4, r 9, r 12-15). Enforcement thus requires the capacity to establish distance, duration within a buffer (60 minutes for vessels; 30 minutes for swimmers), speed of motorised vessels (4 knots cap r 11), aircraft altitude, and presence of triggers such as entanglement or signs of disturbance (r 9, r 10, r 11, r 12, r 14).

• The concept of “purpose” is central: many provisions only apply if the observing of marine mammals or swimming near them is the purpose, or one of the purposes, for which the vessel or aircraft is being used (r 7, r 12(1)). Enforcement therefore may involve establishing intent or commercial purpose, which is inherently factual and may require evidence beyond physical position (r 7, r 12(1)).

These regulations are explicitly subordinate and interdependent with the National Parks and Wildlife Act 1972 and intersect practically with maritime, aviation and local law regimes.

Legal pedigree and Act integration

• The regulations are made under s 68(1)(c) of the Act and are designed to define prohibited conduct in relation to protected animals (r 3). The r 3 notes reiterate that contravening regulations under s 68(1)(c) engages the Act’s prohibition and that the Minister may issue permits under s 68(2) (r 3 notes 1-2). Accordingly, the regulations operate inside the Act’s statutory architecture; enforcement actions will be prosecuted under the Act’s provisions and procedures.

Permits under the Act

• The Minister’s permit grant power under s 68(2) is retained and specifically contemplated as the mechanism by which otherwise prohibited conduct may be authorised (r 3 note 2). The regulations do not themselves create separate permit regimes, criteria or fees; they defer to the Act’s permit power, meaning administrative practice under the Act will shape waivers and exemptions.

Relation to aviation law

• Regulation 12 sets minimum altitudes for aircraft used for observing marine mammals (r 12). Civil aviation in Australia operates under Commonwealth law and Civil Aviation Safety Authority (CASA) regulation. These regulations do not purport to override Commonwealth aviation law; rather they create an offence under the Act for using an aircraft to observe marine mammals below stated altitudes. Operators will therefore need to comply with both aviation safety and these conservation-driven altitude minimums, where both apply. The regulations do not specify which regulatory regime takes precedence if there is a conflict; resolving any conflict would require reference to constitutional and statutory principles, and likely administrative coordination between relevant agencies.

Relation to maritime and navigational law

• Vessel operators must comply with maritime safety and navigational rules in addition to these regulations. The instrument specifies distances, speed limits in proximity to animals and prohibitions on anchoring while in the buffer (r 9-11). Where maritime safety obligations require different actions (for example, in avoiding collisions or responding to distress), the exceptions in r 5(2) for emergencies and reasonable actions in the best interests of animals may interact. The regulations do not displace maritime law.

The legislative history provided in the instrument is succinct and establishes the 2025 regulations as the current operative subordinate law replacing an earlier instrument.

Commencement and making

• The regulations state their short title and commencement date: they are cited as the National Parks and Wildlife (Protected Animals,Marine Mammals) Regulations 2025, and they commence operation on 1 September 2025 (r 1-2).

Parent Act source

• The instrument is expressly made under section 68(1)(c) of the National Parks and Wildlife Act 1972 (r 3).

Principal regulations and Gazette reference

• The Legislative history block at the end of the instrument records the principal regulations as Year 2025 No 63, Gazette 31.7.2025 p2819 and notes commencement on 1.9.2025 via r 2. This is the published instrument number and Gazette citation establishing formal promulgation.

Repeal of prior instrument

• Schedule 2 provides for the repeal of the National Parks and Wildlife (Protected Animals,Marine Mammals) Regulations 2010. The 2025 regulations therefore replace the 2010 instrument and its operational content (Schedule 2). The Schedule also notes that the maps in Schedule 1 are for convenience of reference only.

Textual notes in the instrument

• The notes appended to r 3 summarise the operation of s 68(1) and s 68(2) as they relate to these regulations. They explicitly link contraventions of the regulations to the Act’s s 68(1) prohibition and confirm the Minister’s power to grant permits under s 68(2). The notes are part of the regulatory text and explain the statutory relationship.

No subordinate or later amendments recorded in the text

• The instrument itself contains a Legislative history section but does not record subsequent amendments beyond the 2025 principal regulations entry. Any later amendments would appear in subsequent Gazettes and are not present in this text.

Implication for practitioners

• Because the 2010 regulations are repealed and replaced by the 2025 regulations, practitioners and operators must update compliance practices to reflect new distances, time limits, and the commercial prohibition and exception for viewing structures. The replacement implies any regulatory expectations or permit templates under the prior instrument may have changed, but the instrument does not provide transitional provisions or direct cross‑references to the prior scheme.

The instrument does not record case law or judicial determinations. The text contains no reported litigation or named cases. It provides only the regulatory text, schedules and a brief legislative history noting the Gazette publication and commencement.

Consequences of an absence of litigation history in the instrument

• Because the regulations are newly enacted in 2025 and the instrument contains no litigation history, there is no recorded judicial interpretation within the document itself of key terms such as:
  • the meaning and application of “purpose” as used in r 7 and r 12(1);
  • the content and threshold for “signs of disturbance” beyond the provided examples (r 9);
  • the standard of “reasonably in the best interests of a marine mammal” for exception to application (r 5(2)(a));
  • the scope of “fee or reward” in r 19; and
  • how evidence of distance, duration and speed will be proven in enforcement proceedings under s 68(1).

Practical litigation issues likely to arise from the text

• Expect factual disputes about distances and intent: many provisions hinge on measured distances, duration of proximity, and whether observation or swimming was a purpose (r 7, r 9, r 10, r 11, r 12, r 14). In prosecution or expiation disputes, these elements will be focal points.
• Expect evidentiary disputes about species, age class and distress: several provisions increase distance obligations where the animal is a calf/pup or shows signs of disturbance or is entangled/injured/stranded (r 9, r 14, r 15). Determinations of calf/pup status or whether behaviour meets the listed examples of disturbance may require expert testimony.
• Expect administrative law challenges around permits and discretion: where a permit is refused under the Act’s s 68(2) or where a warden issues directions under the Act that interact with these regulations, applicants may seek judicial review of administrative decisions. The regulations themselves do not set out permit procedures (r 3 note 2).
• Potentially litigated definition points: e.g. whether “observe” includes passive sighting incidental to another activity, or extends to remote observation via drones, which the regulations define as included but whose operational scope may be challenged (r 4).

No recorded judicial precedent

• Practitioners must therefore plan for interpretation and enforcement to be developed through administrative practice and potentially by litigation after commencement. Until courts or tribunals consider these regulations, guidance will come from administrative agencies, departmental guidance, warden directions and the Departmental interpretation of the Act and instrument.

The regulations contain multiple provisions that present practical traps for operators, tourists, land managers and enforcement officers. These are not legal opinions, rather identification of operational friction points that arise directly from the text.

Purpose tests determine applicability

• Many obligations in Divisions 1 and 2 attach only if observing marine mammals or swimming near them is “the purpose, or 1 of the purposes” for which a vessel or aircraft is being used (r 7, r 12(1)). This is a fact‑intensive test. A vessel transiting an area which happens to come within a regulated distance may or may not be captured, depending on whether observation was a purpose. Operators who do any advertising, equipment carriage or positioning consistent with wildlife watching risk a finding that observation was a purpose.

Overlap and subtle distinction between swimmer and vessel

• The instrument treats persons using submersibles or other vessels as vessel controllers (r 6) while swimmers are defined to exclude persons using a submersible or other vessel (r 13). A person using a small, ambiguous craft (for example, a seated personal submersible or other novel device) may be uncertain whether they are treated as a swimmer or as a vessel controller, affecting the applicable distance, time and speed rules (r 4, r 6, r 13).

Prescribed vessels and unexpected inclusions

• The “prescribed vessel” list in r 4 includes hovercraft and wing‑in‑ground effect craft, and explicitly includes personal watercraft, vessels used for water skiing and parasailing (r 4). These craft attract the strict 300 metre rule in r 8. Operators or hirers who assume normal vessel distances could be exposed to breaches if their craft is in the prescribed list.

Operational manoeuvre prohibitions

• Vessels within 300 metres of a whale or 150 metres of other marine mammals must not approach head on or tail on, drop anchor, or remain within the buffer longer than 60 minutes (r 10(1)-(2)). The meaning of “head on or tail on” is not elaborated. In close quarters, deciding on a compliant manoeuvre without risking safety or stress to the animal requires cautious planning.

Time limits that may be easy to breach

• Vessels cannot remain within the relevant buffer for more than 60 minutes (r 10(1)(c)-(2)(c)). Swimmers are limited to 30 minutes within relevant distances (r 14(4)). Small miscalculations, delays due to sea state, or encounters where an animal moves toward the vessel can easily produce breach risk.

Practical, text‑grounded compliance steps for operators, tour businesses, pilots, swimmers and land managers based on the regulatory text.

1. Establish role‑specific checklists and decision trees

• Classify activities and actors: determine whether a vessel, aircraft or person is acting for the purpose of observing marine mammals or enabling swimming; that classification controls whether Divisions 1 and 2 apply (r 7, r 12(1)). For mixed‑purpose trips introduce clear documentation (trip manifests, client briefings, marketing materials) that either confirm avoidance of observation purposes or document a permit where the activity is permitted.

2. Map protection areas and datum alignment

• Incorporate Schedule 1 protection area coordinates into operational charts and navigation systems using GDA2020 geodesic planning (r 4(2), Schedule 1). Ensure GPS/charting devices are set to GDA2020 or converted correctly to avoid positional errors that would trigger escalated buffer distances where a whale nursery protection area is involved (r 9(2)(a)(vi)).

3. Vessel operational controls

• For vessel operators involved in observation or taking persons for marine mammal experiences:
  • If using a prescribed vessel (personal watercraft, water skiing or parasailing craft, hovercraft, hydrofoil, wing‑in‑ground effect craft), maintain at least 300 metres from any marine mammal (r 4, r 8).
  • For other vessels, maintain 100 metres from whales and 50 metres from other marine mammals as baseline, and be ready to increase to 300/150 metres in the presence of disturbance, injury, entanglement, calf/pup, protection area presence, or when two vessels are already within the relevant buffer (r 9).
  • Avoid head‑on and tail‑on approaches when within the specified buffers (r 10(1)-(2)); do not drop anchor while within the buffer, and do not remain within the buffer more than 60 minutes (r 10(1)-(2)).
  • If an animal moves towards your vessel, maintain position or move away; where the animal shows signs of disturbance you must move to the prescribed distance until disturbance ceases (r 10(3)-(4), r 10(8)-(9)).
  • Limit speed of motorised vessels to 4 knots while within 300 metres of a whale and within 150 metres of other marine mammals (r 11).
  • Do not manoeuvre between individuals of the same species when they are within the respective buffers (r 10(5)-(6)).