Document ID: chunk:federal_register_of_legislation:C2024C00598:section:231:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 231 (pt 1/2)
Character Range: 590315–592816

231  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
 (aa) an action that is whale watching carried out in accordance with regulations referred to in paragraph 238(3)(c), but only if:
 (i) the whale watching is not carried out for a commercial purpose; or
 (ii) the whale watching is carried out in an area that is not an important cetacean habitat area; 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
 (ba) 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), 24B(1) or (2) or 24C(1), (3), (5) or (7); or
 (bb) 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), 24B(1) or (2) or 24C(1), (3), (5) or (7); and
 (ii) is taken in accordance with a management arrangement or an authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration; or
 (bc) an action that:
 (i) is an action, or one of a class of actions, declared by the Minister under section 37A not to require an approval under Part 9 for the purposes of subsection 23(1) or (2), 24A(1), (2), (3) or (4), 24B(1) or (2) or 24C(1), (3), (5) or (7); and
 (ii) is taken in accordance with the bioregional plan to which the declaration relates; 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
 (ga) 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; or
 (h) an action provided for by,