81Power of authorised officer to give directions

81 Power of authorised officer to give directions S. 81(1) amended by No. 3/2002 s. 12. (1) An authorised officer may direct a person to cease, immediately, any activity being carried out under a permit granted under section 78(1), if the authorised officer reasonably believes that the activity is detrimental to the welfare of any whale. (2) A person must comply with a direction given under subsection (1). S. 81(3) inserted by No. 45/2008 s. 25. (3) An authorised officer may direct a person— (a) not to be within— (i) a distance of less than 500 metres from any whale; or whichever is the lesser; or (b) to move to— (i) a distance that is 500 metres from any whale; or whichever is the lesser. S. 81(4) inserted by No. 45/2008 s. 25. (4) An authorised officer may direct the operator of a vessel to cause the vessel to be operated— (a) so as not to be within— (i) a distance of less than 500 metres from any whale; or whichever is the lesser; or (b) to move to— (i) a distance that is 500 metres from any whale; or whichever is the lesser. S. 81(5) inserted by No. 45/2008 s. 25. (5) An authorised officer must not make a direction under subsection (3) or (4) unless the authorised officer reasonably believes it is necessary to do so to ensure the welfare of a whale or the safety of any person. S. 81(6) inserted by No. 45/2008 s. 25. (6) A person who has been given a direction by an authorised officer under subsection (3) or (4) must comply with the direction unless the person has a reasonable excuse for not doing so. S. 81(7) inserted by No. 45/2008 s. 25, amended by No. 65/2010 s. 420(Sch. 3 item 17(a)). (7) An authorised officer, before giving a direction under subsection (4) to a vessel that is in waters for which a harbour master is required to be engaged under section 220 of the **Marine Safety Act 2010**, must consult with the harbour master who is engaged for those waters. S. 81(8) inserted by No. 45/2008 s. 25. (8) Subsections (3) and (4) have effect despite anything to the contrary in any other section of this Part. S. 81(9) inserted by No. 45/2008 s. 25, amended by No. 65/2010 s. 420(Sch. 3 item 17(b)) (as amended by No. 29/2011 s. 3(Sch. 1 item 57.9). (9) In this section ***harbour master*** has the same meaning as in the **Marine Safety Act 2010**. S. 81A inserted by No. 87/1997