Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_73b:p3
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 73B (pt 3/3)
Character Range: 13223–14282

justification does not involve determining the first person's state of mind; and
 (b) if the first person wishes to rely on such an exception, exemption, excuse, qualification or justification, the first person bears an evidential burden in relation to that matter.
Note: For evidential burden, see subsection 4(1) of this Act.
 (10) To avoid doubt, nothing in subsection (8) or (9) is intended to exclude the operation of Part 2.3 of the Criminal Code or section 154D of this Act (mistake of fact in relation to contraventions of civil penalty provisions) in relation to an alleged contravention of subsection (1).

Definitions
 (11) In this section:
environment includes environmental assets and environmental outcomes.
groundwater SDL resource unit has the same meaning as in the Basin Plan.
harm includes direct harm, indirect harm, and the cumulative effect of any harm.
surface water SDL resource unit has the same meaning as in the Basin Plan.
tier 3 water sharing arrangements means the tier 3 water sharing arrangements provided for in the Agreement.