Victorian Numbered Acts

WILDLIFE AMENDMENT (MARINE MAMMALS) ACT 2008 (NO. 45 OF 2008) - SECT 3

See:
Act No.
8699.
Reprint No. 8
as at
29 February 2008
and amending
Act No.
16/2004.
LawToday:
www.
legislation.
vic.gov.au

    (1)     In section 3(1) of the Wildlife Act 1975 —

        (a)     insert the following definitions—

""aircraft" means any machine or equipment that is designed to be flown by a person who has control over its speed and direction of movement, but does not include a hovercraft;

"limited permit area" means an area that is the subject of a limited permit area determination;

"limited permit area determination" means a determination under section 83F;

"seal" means any wildlife that is a member of the family Otariidae or the family Phocidae;

"seal tour" means an activity conducted for profit that involves—

        (a)     one or more persons, on land, observing or interacting with seals; or

        (b)     one or more persons being in a vessel on water or being in water to observe or swim with one or more seals;

"seal tour permit" means a permit granted under section 85C;

"vessel" means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes—

        (a)     a barge, lighter, floating restaurant or other floating vessel; and

        (b)     an air-cushion vehicle or other similar craft, that is used in navigation by water; and

        (c)     any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne;

"whale swim tour" means an activity conducted for profit that involves one or more persons being in water to observe or swim with one or more whales;

"whale watching tour" means an activity conducted for profit that involves causing a vessel or aircraft to approach one or more whales at a distance, that is less than the prescribed minimum distance for the kind of aircraft or vessel, for the purpose of enabling persons on the vessel or aircraft to observe the whale or whales;

"whale watching tour permit" means a permit granted under section 83A;";

        (b)     the definition of whale sightseeing permit is repealed ;

        (c)     for the definition of whale swim tour permit substitute —

""whale swim tour permit" means a permit granted under section 83D;".

    (2)     In section 3(1) of the Wildlife Act 1975 —

        (a)     insert the following definitions—

""authorisation order" means an order made under section 28G or 28H;

"threatened wildlife" means protected wildlife that is specified in any list made under section 10(1) of the Flora and Fauna Guarantee Act 1988 ;";

        (b)     the definitions of endangered wildlife and notable wildlife are repealed .