Environment Protection and Biodiversity Conservation Act 1999

an action authorised by a permit that was issued under section 238 and is in force; or

an action that is whale watching carried out in accordance with regulations referred to in paragraph 238(3)(c), but only if:

the whale watching is not carried out for a commercial purpose; or

the whale watching is carried out in an area that is not an important cetacean habitat area; or

an action provided for by, and taken in accordance with, a recovery plan, or a wildlife conservation plan, made or adopted under Division 5 and in force; or

an action that is covered by an approval in operation under Part 9 for the purposes of subsection 23(1) or (2), 24A(1), (2), (3) or (4), 24B(1) or (2) or 24C(1), (3), (5) or (7); or

an action that:

is one of a class of actions declared by the Minister under section 33 not to require an approval under Part 9 for the purposes of subsection 23(1) or (2), 24A(1), (2), (3) or (4), 24B(1) or (2) or 24C(1), (3), (5) or (7); and

is taken in accordance with a management or authorisation framework that is accredited for the purposes of the declaration; or

an action that may be taken without an approval under Part 9 for the purposes of subsection 23(1) or (2), 24A(1), (2), (3) or (4), 24B(1) or (2) or 24C(1), (3), (5) or (7) because section 37 (registered priority actions under bioregional plans) lets the person who is taking the action take the action without the approval for the purposes of the subsection; or

an action that may be taken without an approval under Part 9 for the purposes of subsection 23(1) or (2), 24A(1), (2), (3) or (4), 24B(1) or (2) or 24C(1), (3), (5) or (7) because section 36G (actions approved under declared framework do not require approval) lets the person who is taking the action take the action without the approval for the purposes of the subsection; or

an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering of a cetacean; or

an action that is reasonably necessary to prevent a risk to human health; or

an action by a Commonwealth agency, or an agency of a State or of a self‑governing Territory, that is reasonably necessary for the purposes of law enforcement; or

an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or

an action that is taken in accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975 and in force; or

an action provided for by, and taken in accordance with, a plan or regime that is accredited under section 245; or

an action provided for by, and done in accordance with, a conservation agreement in force under Part 14; or

an action taken in a Commonwealth reserve in accordance with a management plan made under Part 15 and in operation for the reserve; or

an action that consists of the transit of a cetacean through a Commonwealth area in circumstances where the cetacean was:

obtained from an area that is not a Commonwealth area; or

taken from a Commonwealth area in circumstances covered by paragraph (a), (ba), (bb), (bc), (ga), (h), (i) or (j).

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