13Activities that are not offences under Division 2.4 or Division 2.5

13 Activities that are not offences under Division 2.4 or Division 2.5

An offence provision in Division 2.4 or Division 2.5 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 or licence granted by the Trust; or (c) is authorised by, and carried out in accordance with, a licence or permit in force under section 9; or (d) is carried out by or on behalf of, or at the request of, the Trust, or by a ranger; or (e) is carried out for the construction, repair or maintenance of a public utility or facility and is authorised by the Trust; or (f) is carried out by an agency of the Commonwealth, or of New South Wales, and is reasonably necessary for law enforcement; or (g) is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or (h) occurs because of an accident, other than an accident caused by negligent or reckless behaviour of the person engaging in the activity; or (i) 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 the officer’s duties.

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