Western Australian Current Acts Western Australian Current Acts (1) It is a defence to
proceedings under this Part for causing serious environmental harm or material
environmental harm if the person charged with that offence proves that the
environmental harm was, or resulted from, an authorised act which did not
contravene any other written law.
(2) For the purposes
of subsection (1) an act was authorised if it was —
(a) done
in accordance with an authorisation, approval, requirement or exemption given
in the exercise of a power under another written law; or
(b) done
in the exercise by a public authority, or a member, officer or employee of a
public authority, of a function conferred under another written law; or
(c) an
act of a kind that the chief executive officer of the department of the Public
Service principally assisting in the administration of the
Biosecurity and Agriculture Management Act 2007 has specified, by order
published in the Gazette , to be a normal agricultural activity for the
purposes of this paragraph; or
(d) an
agricultural activity (including the management or harvesting of a plantation)
done in compliance with a code of practice relating to an activity of that
kind —
(i)
issued under section 122A; or
(ii)
made or approved under any other written law;
or
(e)
without limiting section 74A and paragraphs (a) to (d) of this subsection,
clearing of a kind set out in Schedule 6; or
(f) an
act of a kind prescribed for the purposes of section 51C that was not done in
an environmentally sensitive area within the meaning of section 51A.
[Section 74B inserted: No. 54 of 2003 s. 55;
amended: No. 54 of 2011 s. 4.]