Section 197 — Environment Protection and Biodiversity Conservation Act 1999: Certain actions are not offences

Sections 196, 196A, 196B, 196C, 196D, 196E and 207B do not apply to: (a) an action authorised by a permit that was issued under section 201 and is in force; or (b) an action provided for by, and done in accordance with, a recovery plan in force under Division 5; or (c) an action that is covered by an approval in operation under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5) or (6) or 18A(1) or (2); or (d) an action that: (i) is one of a class of actions declared by the Minister under section 33 not to require an approval under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5), or (6) or 18A(1) or (2); and (ii) is taken in accordance with a management arrangement or authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration; or (da) an action that: (i) is an action, or one of a class of actions, declared by the Minister under section 37A not to require an approval under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5), or (6) or 18A(1) or (2); and (ii) is taken in accordance with the bioregional plan to which the declaration relates; or (db) in the case of sections 196B, 196C, 196D and 196E—an action that is trading, keeping or moving a member of a listed threatened species or a listed ecological community, if: (i) when the member of the species or community was taken, the species or community was not a listed threatened species or a listed threatened ecological community, as the case requires; and (ii) the trading, keeping or moving of the member of the species or community occurs during the period of 6 months that started when the species or community became a listed threatened species or a listed threatened ecological community, as the case requires; or (e) an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by a member of a listed threatened species or listed threatened ecological community; or (f) an action that is reasonably necessary to prevent a risk to human health; or (g) an action by a Commonwealth agency, or an agency of a State or of a self-governing Territory, that is reasonably necessary for the purposes of law enforcement; or (h) an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or (i) an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or (j) an action that is taken in accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975 and in force; or (k) an action provided for by, and taken in accordance with, a plan or regime that is accredited under section 208A; or (l) an action, to the extent that it is covered by subsection 517A(7); or (m) an action provided for by, and done in accordance with, a conservation agreement in force under Part 14; or (n) an action taken in a Commonwealth reserve in accordance with a management plan made under Part 15 and in operation for the reserve; or (o) an action provided for by, and taken in accordance with, a traditional use of marine resources agreement that: (i) was made and accredited in accordance with regulations made under the Great Barrier Reef Marine Park Act 1975; and (ii) is in force; or (p) an action that is taken in accordance with a permit that: (i) was issued under the Antarctic Treaty (Environment Protection) Act 1980 or under regulations made under that Act; and (ii) is in force; or (q) an action that consists of the transit of a member through a Commonwealth area in circumstances where the member was: (i) obtained from an area that is not a Commonwealth area; or (ii) taken from a Commonwealth area in circumstances covered by paragraph (a), (c), (d), (da), (db), (j), (k), (m), (n), (o) or (p). Note: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.