Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:17
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 17
Character Range: 20553–22278

17  Activities that are not offences under this Division
 (1) An offence in this Division does not apply to an activity that:
 (a) is provided for, by, and carried out in accordance with, a Management Plan in force for the Aboriginal Land; or
 (b) is carried out by the Council or a warden; or
 (c) is authorised by a permit mentioned in subsection (2); or
 (d) is carried out by an Indigenous person in accordance with conditions mentioned in section 18; or
 (e) is provided for, by, and carried out in accordance with, a wildlife conservation plan, a recovery plan or a threat abatement plan in force under Division 5 of Part 13 of the EPBC Act; or
 (f) is carried out by a Commonwealth agency, or an agency of a State or of a self‑governing Territory 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 unavoidable accident, other than an accident caused by negligent or reckless behaviour; or
 (i) is carried out in accordance with a lease or licence granted by the Council; or
 (j) is carried out by a person who is complying with a direction given to the person by:
 (i) the Council; or
 (ii) a warden; or
 (iii) a police officer, officer of Customs or emergency services officer, in the performance of his or her duties.
Note: By operation of other provisions of law, certain activities may also be carried out without breaching the offence provisions under this Part. See, for example, section 211 of the Native Title Act 1993.
 (2) The Council may issue a permit, in accordance with Part 7, authorising a person to carry out an activity that is prohibited under this Division.