48No offence for certain acts or omissions

48 No offence for certain acts or omissions

48 No offence for certain acts or omissions

(1) An act or omission does not constitute an offence under this Regulation if the act or omission—

(a) is done or omitted by Place Management NSW or a member of the Board, or

(b) is done or omitted by a ranger or a member of Place Management NSW staff in the course of their employment, or

(c) is expressly or impliedly authorised by the terms or conditions of a lease, licence or occupancy granted by Place Management NSW, or

(d) for land vested in a person other than Place Management NSW—

(i) is done or omitted by the person, or

(ii) is authorised expressly or impliedly, by the terms of a lease, licence or other authority granted by the person, or

(e) for a public road—

(i) is done by the relevant roads authority under the Roads Act 1993, or

(ii) is authorised, expressly or impliedly, by the terms of a lease, licence or other authority granted by the roads authority, or

(f) for waters—is authorised by or under—

(i) the marine legislation, within the meaning of the Ports and Maritime Administration Act 1995, or

(ii) the National law, within the meaning of the Marine Safety Act 1998.

(2) An act or omission by Ausgrid or an entity that has assets under the Electricity Supply Act 1995 reasonably related to one or more of the following does not constitute an offence under section 6 or 7—

(a) installing electricity works,

(b) altering, maintaining or removing existing electricity works,

(c) maintaining reasonable safety clearances—

(i) under powerlines, conductors or related structures, or