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 warden; 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 warden; 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 ).