76Exceptions to part 13 offences

76 Exceptions to part 13 offences (1) In this section: authorised—see the Legislation Act, section 121 (6). conservation officer—see the Nature Conservation Act 2014, dictionary.

governmental officer means— (a) a public servant or conservation officer; or (b) a person declared under subsection (3) to be a governmental officer. (2) Section 74 and section 75 do not apply to— (a) engaging in conduct in accordance with any of the following: (i) a heritage guideline; (ii) a heritage direction; (iii) a repair damage direction; (iv) a heritage agreement; (v) a conservation management plan approved by the council; (vi) development approval under the Planning Act 2023, chapter 7; (vii) an excavation permit; (viii) a statement of heritage effect approved by the council; or (b) a governmental officer exercising a function for this Act or another territory law or engaging in authorised conduct. (3) The Minister may declare a person to be a governmental officer. (4) A declaration is a notifiable instrument.

General Division 14.1