Section 302B — Environment Protection and Biodiversity Conservation Act 1999: Effect of Part 13 exemption

While a Part 13 exemption from a provision is in force for an action, the provision does not apply in relation to the taking of the action if: (a) the action is taken by the person to whom the exemption applies; and (b) the person takes the action in accordance with the conditions (if any) of the exemption. Note 1: For conditions of an exemption, see section 302E. Note 2: To the extent a defendant seeks to rely on this section as a defence to an offence, the defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code.