Part 7A Marine mammals—special provisions
112A Constitution of Marine Mammals Advisory Committee
(1) There is constituted by this Act the Marine Mammals Advisory Committee.(2) The Committee shall consist of:(a) the Chairperson of the Committee who shall be the Director-General or an officer of the Service nominated by the Director-General, and(b) 5 other persons appointed by the Minister.(3) Of the members appointed by the Minister:(a) one shall be a person nominated by the Minister administering the Fisheries Management Act 1994,(b) one shall be a person nominated by the Australian Museum Trust,(c) one shall be a person nominated by the Zoological Parks Board of New South Wales, and(d) 2 shall be persons representing conservation organisations.(4) Schedule 8A has effect with respect to the members and procedure of the Committee.
112B Functions of the Marine Mammals Advisory Committee
The Marine Mammals Advisory Committee shall have the following functions:(a) to advise the Minister on the conservation and protection of marine mammals,(b) to advise the Minister in relation to plans for dealing with strandings of marine mammals,(c) to advise the Minister on plans of management referred to it under this Part,(d) to advise and make recommendations on such matters relating to the administration of this Act with respect to marine mammals as are referred to it by the Minister.
112C Preparation of plans of management for marine mammals
(1) The Director-General may cause plans of management to be prepared for the management of populations of marine mammals.(2) A plan of management may deal with the following matters:(a) population distribution and abundance of marine mammals,(b) threats to the survival of species of marine mammals, populations of species of marine mammals or individual marine mammals,(c) research and strategies related to the conservation and protection of marine mammals,(d) educational activities which promote an appreciation of the value of marine mammal life or which relate to the conservation and protection of marine mammals,(e) international agreements or agreements between the States and the Commonwealth relating to marine mammals.
112D Adoption etc of plan of management for marine mammals
(1) Where a plan of management has been prepared for marine mammals under section 112C, the Director-General shall give notice as prescribed that the plan of management has been prepared and shall, in that notice:(a) specify the address of the place at which copies of the plan of management may be inspected, and(b) specify the address to which representations in connection with the plan of management may be forwarded.(2) Any person interested may, within one month or such longer period as may be specified in the notice, make representations to the Director-General in connection with the plan of management.(3) The Director-General shall, upon the expiration of the period referred to in subsection (2), refer the plan of management, and any representations forwarded to the Director-General, to the Marine Mammals Advisory Committee for its consideration and advice.(4) The Director-General shall thereupon submit the plan of management to the Minister together with any comments or suggestions of the Marine Mammals Advisory Committee.(5) The Minister shall, before adopting the plan of management, consider the comments and suggestions of the Marine Mammals Advisory Committee.(6) The Minister may adopt the plan of management without alteration or with such alterations as the Minister may think fit or may refer it back to the Director-General and the Marine Mammals Advisory Committee for further consideration.(7) The Minister may:(a) amend or alter a plan of management from time to time, or(b) cancel the plan and substitute a new plan.(8) Where the Minister proposes to amend or alter a plan of management or to cancel a plan of management and substitute a new plan of management, the Minister shall instruct the Director-General to cause the amendment or alteration or the new plan of management to be prepared, and the Director-General shall proceed to do so as soon as practicable after being so instructed.(9) Subsections (1) to (6), inclusive, apply to and in respect of an amendment or alteration referred to in subsection (8) in the same way as they apply to and in respect of a plan of management.
112E Carrying out of plan of management
Where the Minister has adopted a plan of management, it shall be carried out and given effect to by the Director-General.
112F Restriction on issue of licences to take marine mammals for exhibition etc
A licence is not to be issued under section 120 or section 132C to authorise a person to harm or obtain a marine mammal for exhibition or other purposes unless the authorised officer who issues the licence is satisfied that the marine mammal is required for genuine scientific or educational purposes or any other purpose connected with the conservation or protection of marine mammals.
112G Approaching marine mammal
(1) A person must not approach a marine mammal any closer than such distance as may be prescribed by the regulations or interfere with a marine mammal.Penalty: 1,000 penalty units or imprisonment for 2 years or both.
(2) If:(a) a person is convicted by the Land and Environment Court of an offence arising under this section, and(b) the Court is satisfied that the person committed the offence in the course of commercial operations relating to the killing of marine mammals,the maximum penalty that the Court may impose in respect of the offence is 2,000 penalty units.(3) A person must not be convicted of an offence under this section if the person proves that the act constituting the offence was done under and in accordance with or by virtue of the authority conferred by a general licence under section 120, a scientific licence under section 132C or a licence under Part 6 of the Threatened Species Conservation Act 1995.(4) If the provisions of any other Act or instrument made under any other Act authorise or require anything to be done that would constitute an offence under this section:(a) the provisions of this section prevail, except if the other Act is the Rural Fires Act 1997 or the State Emergency and Rescue Management Act 1989, and(b) a person must not to be convicted of an offence against the other Act or instrument because of the person’s failure to comply with the other Act or instrument if compliance with the other Act or instrument would constitute an offence under this section.(5) A reference in section 112F, 120, 129, 132C, 132D or 171 to harming any fauna includes, so far as is applicable in relation to a marine mammal, approaching or interfering with the marine mammal as referred to in subsection (1).(6) In this section, interfere with includes harass, chase, herd, tag, mark and brand.