Marine mammals regulations in Victoria
Regulations to protect whales and dolphins from harassment and injury were first introduced in 1990 under Victoria's Wildlife Act 1975. These were updated in 1998 and the current Wildlife (Whales) Regulations 1998 govern how people can legally interact with whales and dolphins in Victoria.
These regulations will expire on 30 November 2009 and will be replaced by the Wildlife (Marine Mammals) Regulations 2009.
- Wildlife (Marine Mammals) regulations 2009
- Current Regulations – Wildlife (Whales) Regulations 1998
- Wildlife Amendment (Marine Mammals) Act 2008
| Wildlife (Marine Mammals) Regulations 2009 The proposed Wildlife (Marine Mammals) Regulations 2009 seek to improve how people interact with whales, dolphins and seals in Victoria. The regulations will allow people to view and interact with marine mammals while affording protection for the welfare and conservation status of marine mammals. Importantly, the proposed regulations define and encourage responsible whale, dolphin and seal tourism practices. The proposed regulations are made under the Wildlife Act 1975. This Act was amended in August 2008, with the key amendments relating to marine mammals coming into effect on 1 December 2009. For more information see Wildlife Amendment (Marine Mammals) Act 2008. The proposed regulations will align Victoria with the provisions of the Australian National Guidelines for Whale and Dolphin Watching 2005 (ANG) and the National Strategy to Address Interactions between humans and seals, fisheries, aquaculture and tourism.  Wildlife (Marine Mammals) Regualtions - Exposure draft (PDF - 884 KB)A Regulatory Impact Statement (RIS) has been prepared to assess the costs and benefits of the proposed regulations and feasible alternatives. It concludes that the proposed regulations are the most appropriate means of achieving the objectives. A “Summary and Guide to the RIS” has also been prepared to provide a brief, accessible summary of the RIS and proposed regulations. Wildlife (Marine mammals) Regualtions 2009 - Regulatory impact statement (PDF - 1.9 MB) RIS marine mammals 2009 Summary (PDF - 341 KB)The public consultation period on the proposed regulations and RIS has now closed. For further information, please email marine.mammals@dse.vic.gov.au |  |
Current Regulations – Wildlife (Whales) Regulations 1998
The current Wildlife (Whale) Regulations 1998 set a number of standards for distance, speed and our behaviour near whales and dolphins (biological name, cetaceans).
These regulations aim to protect the animals while allowing people to view and interact with them under certain conditions. They also provide penalties for people that interfere with whales or dolphins in a manner that breaches the regulations.
A copy of the Wildlife (Whales) Regulations 1998 can be found on the Victorian Legislation and Parliament Documents website.
The main principles of the existing regulations are detailed in the colour brochure below.
Whale and dolphin brochure - 2005 (PDF - 322 Kb)The standards were determined based on the biological needs of these animals and to meet community expectations for their protection.
All vessels (motorised or not and including personal water craft), within 300 m of whales or dolphins must:
- Maintain a constant speed not exceeding 5 knots (8 kph)
- Avoid making loud noises or sudden changes in direction
- Not approach a whale or dolphin head on
- Not be in the path of a whale or dolphin
- Not form a barrier between a whale or dolphin and its group
- Not come between a mother and her young
Special conditions apply to the Ticonderoga Bay Sanctuary, where all vessels must not approach a whale or dolphin within 200 meters.
Minimum separation distances from whales and dolphins
| Swimmers | 30 m |
| Boarders | 50 m |
| Vessels | 100 m |
| Whale watching and Dolphin swim permit holders | 50 m |
| In Ticonderoga Bay - all vessels including permit holders | 200 m |
Penalties for breaches of the Acts or Regulations apply.
Wildlife Amendment (Marine Mammals) Act 2008
The Wildlife Act 1975 is the legislation under which the existing and proposed regulations are made. This Act was amended in 2008 by the Wildlife Amendment (Marine Mammals) Act 2008. The key amendments relating to whales, dolphins and seals come into effect on 30 November 2008, in conjunction with the new Wildlife (Marine Mammals) Regulations 2009.
The Act amendments are designed to improve the protection of whales, dolphins and seals and to ensure the long-term sustainability of the tourism industries that rely on these species. The amendments also reduce red tape and provide for the more effective management and protection of wildlife in Victoria.
A copy of the Wildlife Amendment (Marine Mammals) Act 2008 and the Second Reading Speech can be found on the Victorian Legislation and Parliament Documents website.
Fact Sheet 1 - General Information (PDF - 446 KB) Fact Sheet 2 - Seal Tourism (PDF - 443 KB) Fact Sheet 3 - Threatened Wildlife (PDF - 583 KB)Please note: Document(s) on this page are presented in PDF format. If you do not have the Adobe Reader, you can download a copy free from the Adobe web site.