Defences
3.16 Defences
It is a defence to a prosecution for an offence against this Division if the defendant establishes any of the following in relation to the act constituting the offence—
that the act was an act authorised under Division 2 (Defences) of Part 2 of the Act in relation to an alleged offence under section 2.3 of the Act of damaging a declared area of outstanding biodiversity value, or
that the act was carried out—
by an employee of the Office of Environment and Heritage in the exercise of his or her functions as such an employee, or
by a designated officer in the exercise of his or her functions as such an officer, or
with the written authorisation of the Environment Agency Head.
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