Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 231

    Sections   229, 229A, 229B, 229C, 229D and 230 do not apply to:

  (a)   an action authorised by a permit that was issued under section   238 and is in force; or

  (aa)   an action that is whale watching carried out in accordance with regulations referred to in paragraph   238(3)(c), but only if:

  (i)   the whale watching is not carried out for a commercial purpose; or

  (ii)   the whale watching is carried out in an area that is not an important cetacean habitat area; or

  (b)   an action provided for by, and taken in accordance with, a recovery plan, or a wildlife conservation plan, made or adopted under Division   5 and in force; or

  (ba)   an action that is covered by an approval in operation under Part   9 for the purposes of subsection   23(1) or (2), 24A(1), (2), (3) or (4), 24B(1) or (2) or 24C(1), (3), (5) or (7); or

  (bb)   an action that:

  (i)   is one of a class of actions declared by the Minister under section   33 not to require an approval under Part   9 for the purposes of subsection   23(1) or (2), 24A(1), (2), (3) or (4), 24B(1) or (2) or 24C(1), (3), (5) or (7); and

  (ii)   is taken in accordance with a management arrangement or an authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration; or

  (bc)   an action that:

  (i)   is an action, or one of a class of actions, declared by the Minister under section   37A not to require an approval under Part   9 for the purposes of subsection   23(1) or (2), 24A(1), (2), (3) or (4), 24B(1) or (2) or 24C(1), (3), (5) or (7); and

  (ii)   is taken in accordance with the bioregional plan to which the declaration relates; or

  (c)   an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering of a cetacean; or

  (d)   an action that is reasonably necessary to prevent a risk to human health; or

  (e)   an action by a Commonwealth agency, or an agency of a State or of a self - governing Territory, that is reasonably necessary for the purposes of law enforcement; or

  (f)   an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

  (g)   an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or

  (ga)   an action that is taken in accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975 and in force; or

  (h)   an action provided for by, and taken in accordance with, a plan or regime that is accredited under section   245; or

  (i)   an action provided for by, and done in accordance with, a conservation agreement in force under Part   14; or

  (j)   an action taken in a Commonwealth reserve in accordance with a management plan made under Part   15 and in operation for the reserve; or

  (k)   an action that consists of the transit of a cetacean through a Commonwealth area in circumstances where the cetacean was:

  (i)   obtained from an area that is not a Commonwealth area; or

  (ii)   taken from a Commonwealth area in circumstances covered by paragraph   (a), (ba), (bb), (bc), (ga), (h), (i) or (j).

Note:   A defendant bears an evidential burden in relation to the matters in this section. See subsection   13.3(3) of the Criminal Code .