Document ID: chunk:federal_register_of_legislation:F2024C00976:reg:13
Version: federal_register_of_legislation:F2024C00976
Segment Type: reg
Provision Reference: reg 13
Character Range: 16596–18099

13  Activities that are not offences under Division 2.4 or Division 2.5
  An offence provision in Division 2.4 or Division 2.5 does not apply to an activity that:
 (a) is provided for by, and carried out in accordance with, a plan in effect for the area where the activity is carried out; or
 (b) is provided for by, and carried out in accordance with, a lease or licence granted by the Trust; or
 (c) is authorised by, and carried out in accordance with, a licence or permit in force under section 9; or
 (d) is carried out by or on behalf of, or at the request of, the Trust, or by a ranger; or
 (e) is carried out for the construction, repair or maintenance of a public utility or facility and is authorised by the Trust; or
 (f) is carried out by an agency of the Commonwealth, or of New South Wales, and is reasonably necessary for law enforcement; or
 (g) is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
 (h) occurs because of an accident, other than an accident caused by negligent or reckless behaviour of the person engaging in the activity; or
 (i) is carried out by a person who is complying with a direction given to the person by:
 (i) a ranger; or
 (ii) a police officer or an emergency services officer in the performance of the officer's duties.
Note: A defendant bears an evidential burden in relation to a matter in this section (see subsection 13.3(3) of the Criminal Code).

Division 2.4—Prohibited or regulated activities