91MGeneral defence

#### 91M General defence 91M General defence > > (1) It is a defence to a prosecution under this Division in relation to a Tier 1 offence if the accused person establishes— > > > > > (a) that the commission of the offence was due to causes over which the person had no control, and > > > > > (b) that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence. > > > (2) It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under this Division in relation to the doing of anything without an approval if the accused person establishes that the person was exempt, pursuant to this Act or the regulations, from any requirement for an approval in relation to the doing of that thing. > > > (3) This Division does not prevent a person from doing anything pursuant to an entitlement in force under the [Water Act 1912](/view/html/inforce/current/act-1912-044), where entitlement has the same meaning as it has in Schedule 10. > > **s 91M:** Ins 2008 No 73, Sch 1 \[4\]. Am 2010 No 133, Sch 2 \[38\]; 2025 No 70, Sch 3\[61\].