ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 212 Certain actions are not offences

Commonwealth Numbered Acts

Certain actions are not offences

(a): an action authorised by a permit that was issued under section 216 and is in force; or
(b): an action provided for by, and taken in accordance with, a wildlife conservation plan made or adopted under Division 5 and in force; or
(c): an action that is covered by an approval in operation under Part 9 for the purposes of subsection 20(1) or section 20A; or
(d): 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 section 20 or 20A; and
(ii): is taken in accordance with a management plan that is an accredited management plan for the purposes of the declaration; or

(e): an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by a member of a listed migratory species; or
(f): an action that is reasonably necessary to prevent a risk to human health; or
(g): 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
(h): an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
(i): an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or
(j): 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.

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

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