❓ Mr Masters questions the government on its policy regarding human interaction with marine mammals, including policy development, public consultation, reported attacks, and liability of tour operators. The government provides details on these aspects, highlighting risk management and existing insurance requirements.
AnsweredQoN 1137Legislative Assembly
QuestionView source ↗
(1) When was the policy on human interaction with marine mammals prepared and adopted by Government?
(2) What public consultation took place during the preparation and draft phases of producing this policy?
(3) How many people are known to have been attacked by sea lions, seals and other marine mammals over the past five years?
(4) Where have these attacks taken place and will the Minister provide information on whether the attacks involved male or female sea lions or seals and other information relevant to understanding why the attacks occurred?
(5) For tour operators who are authorised to have tourists interact with marine mammals, are tourists required to sign indemnity agreements or similar to ensure that the Government is not legally liable should an attack occur?
(6) If not, why not and what other alternatives exist to allow people to be responsible for their own actions?
(2) What public consultation took place during the preparation and draft phases of producing this policy?
(3) How many people are known to have been attacked by sea lions, seals and other marine mammals over the past five years?
(4) Where have these attacks taken place and will the Minister provide information on whether the attacks involved male or female sea lions or seals and other information relevant to understanding why the attacks occurred?
(5) For tour operators who are authorised to have tourists interact with marine mammals, are tourists required to sign indemnity agreements or similar to ensure that the Government is not legally liable should an attack occur?
(6) If not, why not and what other alternatives exist to allow people to be responsible for their own actions?
AnswerView source ↗
Answered
13 November 2001
Responded by
Minister for the Environment and Heritage
Response time
28 days
(2) Developments in marine mammal interaction licensing and management have involved discussions with species behaviour and management experts, with some involvement of interaction tour operators. There has been no formal public input, but modifications have been made in response to experience with interaction operations and identified risks. (3) In the past five years there have been three reported attacks involving Australian sea-lions. No other reports have been forwarded to the Department during the past five years. Since 1978, a total of 14 attacks by sea-lions have been reported to the Department of Conservation and Land Management. (4) One incident occurred in Shoalwater Marine Park, and the other two incidents occurred at Carnac Island. All three incidents involved male Australian sea-lions, and occurred when the victims approached too close to the animals. All three incidents occurred in shallow water adjacent to islands frequented by sea-lions. Other attacks since 1978 have involved both male and female sea-lions, and have occurred in water and on land. Some have resulted from habituation of sea-lions to humans, particularly where sea-lions have been fed by people. The 1998 Close Season Notice was developed to reduce the potential for detrimental impacts of interactions on marine mammals. It addresses concerns with artificial feeding, long-term habituation, particularly by commercial operators, and minimum approach distances. (5) & (6) Tour operators authorised to interact with Australian sea-lions in marine parks are required to provide the Department of Conservation and Land Management with written proof that they have at least $5 million public liability insurance as a condition of operating. Many operators have $10 million or more liability cover. Such action is considered to provide sufficient liability protection for tour participants. Tour operators are not required to indemnify the Crown against legal action.
(3) In the past five years there have been three reported attacks involving Australian sea-lions. No other reports have been forwarded to the Department during the past five years. Since 1978, a total of 14 attacks by sea-lions have been reported to the Department of Conservation and Land Management. (4) One incident occurred in Shoalwater Marine Park, and the other two incidents occurred at Carnac Island. All three incidents involved male Australian sea-lions, and occurred when the victims approached too close to the animals. All three incidents occurred in shallow water adjacent to islands frequented by sea-lions. Other attacks since 1978 have involved both male and female sea-lions, and have occurred in water and on land. Some have resulted from habituation of sea-lions to humans, particularly where sea-lions have been fed by people. The 1998 Close Season Notice was developed to reduce the potential for detrimental impacts of interactions on marine mammals. It addresses concerns with artificial feeding, long-term habituation, particularly by commercial operators, and minimum approach distances. (5) & (6) Tour operators authorised to interact with Australian sea-lions in marine parks are required to provide the Department of Conservation and Land Management with written proof that they have at least $5 million public liability insurance as a condition of operating. Many operators have $10 million or more liability cover. Such action is considered to provide sufficient liability protection for tour participants. Tour operators are not required to indemnify the Crown against legal action.
(4) One incident occurred in Shoalwater Marine Park, and the other two incidents occurred at Carnac Island. All three incidents involved male Australian sea-lions, and occurred when the victims approached too close to the animals. All three incidents occurred in shallow water adjacent to islands frequented by sea-lions. Other attacks since 1978 have involved both male and female sea-lions, and have occurred in water and on land. Some have resulted from habituation of sea-lions to humans, particularly where sea-lions have been fed by people. The 1998 Close Season Notice was developed to reduce the potential for detrimental impacts of interactions on marine mammals. It addresses concerns with artificial feeding, long-term habituation, particularly by commercial operators, and minimum approach distances. (5) & (6) Tour operators authorised to interact with Australian sea-lions in marine parks are required to provide the Department of Conservation and Land Management with written proof that they have at least $5 million public liability insurance as a condition of operating. Many operators have $10 million or more liability cover. Such action is considered to provide sufficient liability protection for tour participants. Tour operators are not required to indemnify the Crown against legal action.
(5) & (6) Tour operators authorised to interact with Australian sea-lions in marine parks are required to provide the Department of Conservation and Land Management with written proof that they have at least $5 million public liability insurance as a condition of operating. Many operators have $10 million or more liability cover. Such action is considered to provide sufficient liability protection for tour participants. Tour operators are not required to indemnify the Crown against legal action.
(3) In the past five years there have been three reported attacks involving Australian sea-lions. No other reports have been forwarded to the Department during the past five years. Since 1978, a total of 14 attacks by sea-lions have been reported to the Department of Conservation and Land Management. (4) One incident occurred in Shoalwater Marine Park, and the other two incidents occurred at Carnac Island. All three incidents involved male Australian sea-lions, and occurred when the victims approached too close to the animals. All three incidents occurred in shallow water adjacent to islands frequented by sea-lions. Other attacks since 1978 have involved both male and female sea-lions, and have occurred in water and on land. Some have resulted from habituation of sea-lions to humans, particularly where sea-lions have been fed by people. The 1998 Close Season Notice was developed to reduce the potential for detrimental impacts of interactions on marine mammals. It addresses concerns with artificial feeding, long-term habituation, particularly by commercial operators, and minimum approach distances. (5) & (6) Tour operators authorised to interact with Australian sea-lions in marine parks are required to provide the Department of Conservation and Land Management with written proof that they have at least $5 million public liability insurance as a condition of operating. Many operators have $10 million or more liability cover. Such action is considered to provide sufficient liability protection for tour participants. Tour operators are not required to indemnify the Crown against legal action.
(4) One incident occurred in Shoalwater Marine Park, and the other two incidents occurred at Carnac Island. All three incidents involved male Australian sea-lions, and occurred when the victims approached too close to the animals. All three incidents occurred in shallow water adjacent to islands frequented by sea-lions. Other attacks since 1978 have involved both male and female sea-lions, and have occurred in water and on land. Some have resulted from habituation of sea-lions to humans, particularly where sea-lions have been fed by people. The 1998 Close Season Notice was developed to reduce the potential for detrimental impacts of interactions on marine mammals. It addresses concerns with artificial feeding, long-term habituation, particularly by commercial operators, and minimum approach distances. (5) & (6) Tour operators authorised to interact with Australian sea-lions in marine parks are required to provide the Department of Conservation and Land Management with written proof that they have at least $5 million public liability insurance as a condition of operating. Many operators have $10 million or more liability cover. Such action is considered to provide sufficient liability protection for tour participants. Tour operators are not required to indemnify the Crown against legal action.
(5) & (6) Tour operators authorised to interact with Australian sea-lions in marine parks are required to provide the Department of Conservation and Land Management with written proof that they have at least $5 million public liability insurance as a condition of operating. Many operators have $10 million or more liability cover. Such action is considered to provide sufficient liability protection for tour participants. Tour operators are not required to indemnify the Crown against legal action.
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