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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 255
Certain actions are not offences
Sections 254, 254A, 254B, 254C, 254D and 254E do not apply to:
- (a)
- an action authorised by a permit that was issued under section 258 and is
in force; or
- (b)
- an action provided for by, and taken in accordance with, a wildlife
conservation plan made 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 23(1) or (2), 24A(1), (2), (3) or (4), 26(1) or (2) or
27A(1), (2), (3) or (4); 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 subsection 23(1) or
(2), 24A(1), (2), (3) or (4), 26(1) or (2) or 27A(1), (2), (3) or (4); 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 an animal; 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 taken in accordance with a permit issued under regulations made
under the Great Barrier Reef Marine Park Act 1975 and in force; or
- (k)
- an action provided for by, and taken in accordance with, a plan of
management that is accredited under section 265.
- 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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