Environment Protection and Biodiversity Conservation Act 1999

an action authorised by a permit that was issued under section 258 and is in force; or

an action provided for by, and taken in accordance with, a wildlife conservation plan made 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), 26(1) or (2) or 27A(1), (2), (3) or (4); 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), 26(1) or (2) or 27A(1), (2), (3) or (4); 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), 26(1) or (2) or 27A(1), (2), (3) or (4) 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), 26(1) or (2) or 27A(1), (2), (3) or (4) 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

in the case of sections 254B, 254C, 254D and 254E—an action that is trading, keeping or moving a member of a listed marine species, if:

when the member of the species was taken, the species was not a listed marine species; and

the trading, keeping or moving of the member of the species occurs during the period of 6 months that started when the species became a listed marine species; or

an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by an animal; 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 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 265; or

an action, to the extent that it is covered by subsection 517A(7); 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 provided for by, and taken in accordance with, a traditional use of marine resources agreement that:

was made and accredited in accordance with regulations made under the Great Barrier Reef Marine Park Act 1975; and

is in force; or

an action that is taken in accordance with a permit that:

was issued under the Antarctic Treaty (Environment Protection) Act 1980 or under regulations made under that Act; and

is in force; or

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

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

taken from a Commonwealth area in circumstances covered by paragraph (a), (c), (d), (da), (db), (j), (k), (l), (m), (n), (o) or (p).

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