Nature Conservation (Animals) Regulation 2020
sec.316Powers of conservation officer relating to stranded marine mammals— Act , s 154
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sec.316 Powers of conservation officer relating to stranded marine mammals— Act , s 154
This section prescribes, for section 154 (1) (e) of the Act , powers a conservation officer may exercise in relation to a marine mammal that is stranded. The conservation officer may take the measures the officer considers necessary to protect or deal with the marine mammal. Without limiting subsection (2) , the conservation officer may— direct the treatment of the marine mammal; or direct a person to move, or help move, the marine mammal to another place for release or treatment. See also section 299 (2) (d) . Also, without limiting subsection (2) , the conservation officer may direct a person, or a person in control of a boat, prohibited vessel, aircraft or other vehicle, to— keep a stated distance from the marine mammal; or for a person in control of a boat, prohibited vessel, aircraft or other vehicle—move the boat, prohibited vessel, aircraft or vehicle to a stated place or a stated distance from the marine mammal. A person given a direction under subsection (4) must comply with the direction unless the person has a reasonable excuse for not complying with it. Maximum penalty—165 penalty units. (sec.316-ssec.1) This section prescribes, for section 154 (1) (e) of the Act , powers a conservation officer may exercise in relation to a marine mammal that is stranded. (sec.316-ssec.2) The conservation officer may take the measures the officer considers necessary to protect or deal with the marine mammal. (sec.316-ssec.3) Without limiting subsection (2) , the conservation officer may— direct the treatment of the marine mammal; or direct a person to move, or help move, the marine mammal to another place for release or treatment. See also section 299 (2) (d) . (sec.316-ssec.4) Also, without limiting subsection (2) , the conservation officer may direct a person, or a person in control of a boat, prohibited vessel, aircraft or other vehicle, to— keep a stated distance from the marine mammal; or for a person in control of a boat, prohibited vessel, aircraft or other vehicle—move the boat, prohibited vessel, aircraft or vehicle to a stated place or a stated distance from the marine mammal. (sec.316-ssec.5) A person given a direction under subsection (4) must comply with the direction unless the person has a reasonable excuse for not complying with it. Maximum penalty—165 penalty units.
- (a) direct the treatment of the marine mammal; or
- (b) direct a person to move, or help move, the marine mammal to another place for release or treatment.
- (a) keep a stated distance from the marine mammal; or
- (b) for a person in control of a boat, prohibited vessel, aircraft or other vehicle—move the boat, prohibited vessel, aircraft or vehicle to a stated place or a stated distance from the marine mammal.