118G   Defences

(1)  It is a defence to a prosecution for an offence under this Part if the accused proves that the act constituting the alleged offence was any of the following activities:

(a)  clearing of native vegetation that constitutes a routine agricultural management activity,

(b)  a routine farming practice activity (other than clearing of native vegetation),

Note. Both (a) and (b) must be read subject to subsection (3).

(c)  an activity that is permitted under any of the following provisions of the Native Vegetation Act 2003:

(i)  section 19 (Clearing of non-protected regrowth permitted),

(ii)  section 23 (Continuation of existing farming activities),

(iii)  24 (Sustainable grazing),

(d)  any other activity prescribed by the regulations for the purposes of this section.

(2)  Each of the following is a routine agricultural management activity for the purposes of this section:

(a)  the construction, operation and maintenance of rural infrastructure:

(i)  including (subject to the regulations) dams, permanent fences, buildings, windmills, bores, air strips (in the Western Division), stockyards, and farm roads, but

(ii)  not including rural infrastructure in areas zoned as rural-residential under environmental planning instruments or on small holdings (as defined in the regulations),

(b)  the removal of noxious weeds under the Noxious Weeds Act 1993,

(c)  the control of noxious animals under the Rural Lands Protection Act 1998,

(d)  the collection of firewood (except for commercial purposes),

(e)  the harvesting or other clearing of native vegetation planted for commercial purposes,

(f)  the lopping of native vegetation for stock fodder (including uprooting mulga in the Western Division in areas officially declared to be drought affected),

(g)  traditional Aboriginal cultural activities (except commercial activities),

(h)  the maintenance of public utilities (such as those associated with the transmission of electricity, the supply of water, the supply of gas and electronic communication),

(i)  any activity reasonably considered necessary to remove or reduce an imminent risk of serious personal injury or damage to property.

(3)  This section does not authorise the doing of an act:

(a)  if it exceeds the minimum extent reasonably necessary for carrying out the routine agricultural management activity or routine farming practice activity, or

(b)  if it is done for a work, building or structure before the grant of any statutory approval or other authority required for the work, building or structure.

(4)  This section does not apply to land described or referred to in Part 3 (Urban areas) of Schedule 1 to the Native Vegetation Act 2003.

(5)  The regulations may make provision for or with respect to:

(a)  extending, limiting or varying the activities referred to in subsection (1) (and that subsection is to be construed accordingly), or

(b)  excluding any specified land or class of land from the operation of subsection (1), or

(c)  including any specified land or class of land in the operation of subsection (1) that would otherwise be excluded from its operation by subsection (4).

(6)  Until regulations under subsection (5) otherwise provide, any regulations in force under section 11 (2) of the Native Vegetation Act 2003 apply for the purposes of extending, limiting or varying the activities referred to in subsection (2) in the same way as those regulations apply for the purposes of extending, limiting or varying the activities referred to in section 11 (1) of that Act.