Section 22 of the Criminal Code (WA) may apply to offences under the Town Planning and Development Act 1928 (WA), but a belief that no law requires planning approval for a particular activity amounts to ignorance of the law rather than an honest claim of right. To establish the defence, an accused must point to evidence of a belief in a specific entitlement (such as under the terms of an approval) rather than a general belief that no prohibition exists. The construction of planning approval conditions is an objective exercise not informed by the subjective understanding of council officers.
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