Nature Conservation (Animals) Regulation 2020
sec.308Movement of dolphin into no approach zone or caution zone
Start here
Get a plain-English read of sec.308
Turn the raw legal text into a practical explanation grounded in Nature Conservation (Animals) Regulation 2020.
sec.308 Movement of dolphin into no approach zone or caution zone
This section applies if a dolphin moves towards a permitted boat and, as a result of the movement, the boat is— within the no approach zone for the dolphin; or within the caution zone for the dolphin. The person in control of the permitted boat must not, without a reasonable excuse— change the direction of travel of the boat in a way that would disturb the dolphin; or gradually changing the direction of travel of the boat to avoid making contact with the dolphin change the speed of travel of the boat in a way that would disturb the dolphin. Maximum penalty— if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units. (sec.308-ssec.1) This section applies if a dolphin moves towards a permitted boat and, as a result of the movement, the boat is— within the no approach zone for the dolphin; or within the caution zone for the dolphin. (sec.308-ssec.2) The person in control of the permitted boat must not, without a reasonable excuse— change the direction of travel of the boat in a way that would disturb the dolphin; or gradually changing the direction of travel of the boat to avoid making contact with the dolphin change the speed of travel of the boat in a way that would disturb the dolphin. Maximum penalty— if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.
- (a) within the no approach zone for the dolphin; or
- (b) within the caution zone for the dolphin.
- (a) change the direction of travel of the boat in a way that would disturb the dolphin; or Example of a way of changing direction not likely to disturb the dolphin— gradually changing the direction of travel of the boat to avoid making contact with the dolphin
- (b) change the speed of travel of the boat in a way that would disturb the dolphin.
- (a) if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or
- (b) otherwise—120 penalty units.