23Activities that are not offences under this Division

23 Activities that are not offences under this Division

An offence provision in this Division does not apply to an activity that:

(a) is provided for by, and carried out in accordance with, a plan in effect for the area where the activity is carried out; or

(b) is provided for by, and carried out in accordance with, a lease granted by the Trust; or

(c) is authorised by the terms of a notice erected by the Trust under regulation 22; or

(d) is authorised by a licence or permit in force under regulation 25; or

(e) is carried out by or on behalf of, or at the request of, the Trust, or by a ranger; or

(f) is carried out for the construction, repair or maintenance of a public utility or facility and is authorised by the Trust; or

(g) is carried out by an agency of the Commonwealth, or of New South Wales, and is reasonably necessary for law enforcement; or

(h) is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

(i) occurs because of an accident, other than an accident caused by negligent or reckless behaviour of the person engaging in the activity; or

(j) is carried out by a person who is complying with a direction given to the person by:

(i) a ranger; or

(ii) a police officer or an emergency services officer in the performance of his or her duties.

Note A defendant bears an evidential burden in relation to a matter in this regulation (see subsection 13.3 (3) of the Criminal Code).