Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a person has the benefit of the chapter 6 exceptions for an offence.
(2) The offence does not apply to the person if—
(a) the conduct constituting the offence is—
(i) a restricted activity under an activities declaration and the person is complying with the directions and requirements stated in the declaration; or
Note Activities declaration —see s 256.
Restricted activity —see s 256.
(ii) undertaken in accordance with a management agreement; or
Note Management agreement —see s 310.
(iii) undertaken in implementing a controlled native species management plan under section 167 (Controlled native species management plan—conservator etc to implement); or
Note Controlled native species management plan —see s 158.
(iv) undertaken in accordance with a cultural resource management plan; or
Note Cultural resource management plan —see s 168A.
(v) undertaken in accordance with a fisheries management plan; or
Note Fisheries resource management plan —see the dictionary.
(b) the person is authorised to engage in the conduct constituting the offence under—
(i) a nature conservation licence; or
Note Nature conservation licence —see s 262.
(ii) a public unleased land permit; or
(iii) a licence under the Planning Act 2023
, section 378 (Decision on licence applications for unleased land); or
(c) the person is a conservation officer exercising a function under this Act.
Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
Note 2 This Act does not apply to emergency services personnel exercising functions under the Emergencies Act 2004
for the purpose of protecting life or property or controlling, extinguishing
or preventing the spread of a fire (see s 7).