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Biosecurity Act 2015
299Exceptions—safety, accidents and pollution
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299 Exceptions—safety, accidents and pollution
Safety
(1) Section 298 does not apply to the disposal of sediment from a vessel if the disposal is necessary for the purpose of:
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
Accidents
(2) Section 298 does not apply to the disposal of sediment from a vessel if:
(a) the disposal is accidental and results from damage to the vessel or its equipment; and
(b) all reasonable precautions to prevent or minimise the disposal are taken at the following times:
(i) before and after the occurrence of the damage;
(ii) before and after the discovery of the damage;
(iii) before and after the discovery of the disposal; and
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
Avoiding or minimising pollution
(3) Section 298 does not apply to the disposal of sediment from a vessel if the disposal is for the purpose of avoiding or minimising pollution from the vessel.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).