ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 231 Certain actions are not offences

Commonwealth Numbered Acts

Certain actions are not offences

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
(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
(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
(h): in the case of an action taken in relation to a cetacean that is not a member of a listed threatened species—the action was provided for by, and taken in accordance with, a plan of management that is accredited under section 245.

: 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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