Section 246(8) of the Building Act 2016 (Tas) is a strict liability offence, and a defendant seeking to rely on honest and reasonable mistake of fact must first satisfy an evidentiary onus to raise the defence before the prosecution bears the legal burden of disproving it. A building permit is determinative of where fill may be placed unless varied under s 148(2), and the absence of such variation leaves no scope for arguing compliance with an unapproved arrangement.
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