252Chapter 9 exceptions

252 Chapter 9 exceptions (1) This section applies if a person has the benefit of the chapter 9 (a) the conduct constituting the offence is— (i) a restricted activity under an activities declaration and the person is complying with the directions and requirements stated in the declaration; or Note Activities declaration—see s 256. Restricted activity—see s 256. (ii) undertaken in accordance with a management agreement under chapter 12; or (iii) undertaken in implementing a controlled native species management plan under section 167 (Controlled native species management plan—conservator etc to implement); or Note Controlled native species management plan—see s 158. (iv) undertaken in carrying out minor public works on a reserve in accordance with a minor public works code approved by the conservator of flora and fauna under section 318A; or (v) undertaken in accordance with a cultural resource management plan; or Note Cultural resource management plan—see s 168A.

Exceptions to offences Part 9.6 (ii) a strategic bushfire management plan under the Emergencies Act 2004, section 72; or (iii) a development approval under the Planning Act 2023, chapter 7; or (iv) a public unleased land permit; or (v) a licence under the Planning Act 2023, section 378 (c) the person is a conservation officer exercising a function under Note 1 The defendant has an evidential burden in relation to the matters