Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a person has the benefit of the part 10.2 exceptions for an offence.
(2) The offence does not apply to the person if—
(a) 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 licence under the Planning Act 2023
, section 378 (Decision on licence applications for unleased land); or
(iii) a development approval under the Planning Act 2023
, chapter 7; or
(iv) a work approval under the Public Unleased Land Act 2013
, section 19; or
(v) a public unleased land permit; or
(vi) another law of the Territory; or
(b) the person is a conservation officer exercising a function under this Act; or
(c) the conduct constituting the offence is undertaken in accordance with a cultural resource management plan.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
(3) It is a defence to a prosecution for an offence against this part if the defendant proves that the defendant took reasonable steps to ensure that the contravention did not happen.
Note 1 The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 59).
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).