Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:178
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 178
Character Range: 268617–269355

178  Application of this Part
  A person does not contravene a provision of this Part only because the person is taking:
 (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or
 (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.
Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).
Note 2: This Part applies subject to any exemption that the person may have under section 188.

Division 2—Offences