Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 28AB

  (1)   A provision mentioned in subsection   (2) or (3) does not apply to an action (the primary action ) if:

  (a)   a person (the primary person ) takes the action; and

  (b)   as a consequence of the primary action, another person (the secondary person ) takes another action (the secondary action ); and

  (c)   the secondary action is not taken at the direction or request of the primary person; and

  (d)   the significant impact referred to in the provision is a consequence of the secondary action.

Defence to offences

  (2)   For the purposes of subsection   (1), the following provisions do not apply to the primary action:

  (a)   subsections   27A(1) to (4);

  (b)   subsections   27C(1) and (2).

Note:   The defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code .

Exception to civil penalties

  (3)   For the purposes of subsection   (1), the following provisions do not apply to the primary action:

  (a)   subsections   26(1) and (2);

  (b)   subsection   27B(1);

  (c)   subsection   28(1).