220ZFDefences

#### 220ZF Defences 220ZF Defences > > (1) It is defence to a prosecution for an offence against this Division if the accused proves that the act or omission constituting the offence— > > > > > (a) was authorised by, and was done or omitted in accordance with— > > > > > > > (i) a licence granted under this Part, or > > > > > > > (ii) a Ministerial order or interim order made under Subdivision 1A of Division 6, or > > > > > > > (iii) an approval under section 37, or > > > > > > > (iv) an aquaculture permit, or > > > > > (b) was essential for the carrying out of— > > > > > > > (i) development in accordance with a development consent within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > > > (ii) an activity, whether by a determining authority or pursuant to an approval of a determining authority within the meaning of Part 5 of that Act, if the determining authority has complied with that Part, or > > > > > > > (iii) a project approved under Part 3A of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > > > (iv) State significant infrastructure approved under Part 5.1 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (b1) (Repealed) > > > > > (b2) was essential for the clearing of native vegetation in accordance with the authority conferred by Part 5A of, and Schedule 5A to, the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), or > > > > > (b3) was the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) applies, being a forestry operation that was carried out in accordance with the approval, or > > > > > (b4) was the carrying out of a forestry operation that was authorised by a private native forestry plan and that was carried out in accordance with the plan and the applicable private native forestry code of practice, or > > > > > (c) was authorised by or under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165) and was reasonably necessary in order to avoid a threat to life or property, or > > > > > (d) was a routine fishing activity (unless it was an activity of a kind that the regulations declare is not a routine fishing activity for the purposes of this paragraph), or > > > > > (e) was a routine aquacultural activity (unless it was an activity of a kind that the regulations declare is not a routine activity for the purposes of this paragraph), or > > > > > (f) (Repealed) > > > > > (g) was an act or omission in relation to which the Secretary issued to the accused a certificate, under section 220ZZ(4), to the effect that a licence was not required for the act or omission concerned. > > > (2) If the provisions of any other Act or law or of any instrument made under any other Act or law authorise or require anything to be done that would constitute an offence under this Part— > > > > > (a) this Part prevails (except in relation to a matter referred to in subsection (1)(b) or (c)), and > > > > > (b) a person is not to be convicted of an offence against the other Act, law or instrument because of the person’s failure to comply with the other Act, law or instrument if compliance with the other Act, law or instrument would constitute an offence under this Part. > > > (3) (Repealed) > > > (4) The Secretary may, for the purposes of subsection (1)(f), approve of a property management plan for land prepared by a landholder. Any such plan may identify an activity even if it is declared not to be a routine fishing activity or routine aquacultural activity for the purposes of subsection (1)(d) or (e). > > > (5) This section does not apply in relation to any thing authorised to be done by or under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) in relation to any emergency fire fighting act within the meaning of that Act. > > > (6) In this section, a routine fishing activity means a routine activity carried out in connection with the lawful taking of fish or marine vegetation other than a threatened species, population or ecological community. > > > (7) A defence that the act or omission constituting the offence was a routine fishing activity or routine aquaculture activity is available in proceedings for an offence against this Division only if the person charged satisfies the court that, on becoming aware of taking any fish of a threatened species, population or ecological community, the person took immediate steps to return the fish to its natural environment with the least possible injury. > > **s 220ZF:** Ins 1997 No 153, Sch 1 \[9\]. Am 2001 No 104, Sch 1 \[26\]; 2002 No 67, Sch 5.2 \[1\] \[2\]; 2004 No 88, Sch 2 \[28\] \[29\]; 2005 No 43, Sch 7.4 \[2\]; 2009 No 114, Sch 1 \[112\]–\[114\]; 2010 No 59, Sch 2.33 \[3\]; 2011 No 22, Sch 2.6 \[3\]; 2015 No 59, Sch 1 \[107\] \[108\]; 2016 No 63, Sch 11.2 \[9\] \[10\]; 2018 No 40, Sch 3.4.