Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_354a:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 354A (pt 2/4)
Character Range: 395240–397931

fault element for paragraph (5)(a).

 (7) Strict liability applies to paragraph (5)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

Exception for actions in accordance with a management plan

 (8) Subsections (1), (3) and (5) do not apply to an action if the action is in accordance with a management plan in operation for the Commonwealth reserve in which the action is taken.

Note 1: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Note 2: This exception might not apply in relation to actions taken in the Antarctic (see subsection (16)).

Exception for mining operations

 (9) Subsections (1), (3) and (5) do not apply to an action if the action is taken in the course of carrying on mining operations.

Note 1: Mining operations are covered by sections 355, 355A and 387.

Note 2: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Exception for certain actions taken by the Director—actions in places other than Kakadu, Uluru or Jervis Bay

 (10) Subsections (1), (3) and (5) do not apply to an action taken by the Director if:
 (a) a management plan is not in operation for the Commonwealth reserve in which the action is taken; and
 (b) the action is not taken in the Kakadu region, the Uluru region or the Jervis Bay Territory; and
 (c) the Director takes the action for the purpose of:
 (i) preserving or protecting the reserve; or
 (ii) protecting or conserving biodiversity or heritage in the reserve; or
 (iii) controlling authorised scientific research; or
 (iv) protecting persons or property in the reserve; or
 (v) managing the effects of actions taken under a usage right described in section 359.

Note 1: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Note 2: This exception might not apply in relation to actions taken in the Antarctic (see subsection (16)).

Exception for certain actions taken by the Director—conduct in Kakadu, Uluru or Jervis Bay

 (11) Subsections (1), (3) and (5) do not apply to an action taken by the Director in accordance with section 385.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Exception for prior usage rights

 (12) Subsections (1), (3) and (5) do not apply to an action that is covered by a usage right, or a right arising out of a usage right, to which section 359 applies.

Note 1: The defendant bears an evidential burden in relation to the matters