Does not include amendments by: (not commenced — to commence on 11.1.2013) Miscellaneous Acts Amendment (Directors’ Liability) Act 2012 No 97
(1) The Governor shall appoint some person as commissioner, who shall constitute the Forestry Commission. (2)
(a) The Governor may from time to time appoint two Assistant Commissioners to assist the Commissioner in the exercise and discharge of the Commissioner’s powers, authorities, duties and functions under this or any other Act. The Minister may from time to time, after consulting the Commissioner, allot the duties of the Assistant Commissioners respectively. (b)
(1) For the purposes of this Act the person for the time being holding the office of commissioner is constituted a corporation sole under the name of the Forestry Commission of New South Wales, with perpetual succession and a seal of office, and may in that name sue and be sued and proceed and be proceeded against in all courts.
The commission shall have the administration of this Act, may exercise the powers and shall discharge the duties conferred and imposed on it by this Act.
(1) The commission may, by instrument in writing under seal, delegate:
(a) to an Assistant Commissioner or authorised person (or a member of a specified class of authorised persons), or (b), (c) (d) to any prescribed person or a member of a prescribed class or description of persons, the exercise or performance of such of the powers (other than this power of delegation), authorities, duties or functions conferred or imposed on the commission by or under this or any other Act as may be specified in the instrument of delegation, and may, by such an instrument, revoke wholly or in part any such delegation. (2) A power, authority, duty or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated.
(1) Subject to this Act, the commission:
(a) shall have the control and management of State forests, timber reserves and flora reserves and shall control and manage them in such manner as best serves the public interest and, in so doing, may maintain and improve indigenous species of trees and may on State forests and timber reserves establish, maintain and improve plantations of indigenous species and exotic species, of trees, (b) may take any timber or products on any Crown-timber lands or, in accordance with the working plan for any flora reserve, on that flora reserve, (c) may sell or otherwise dispose of any timber or products:
(i) so taken or otherwise acquired by the commission, or (ii) for the sale or other disposition of which the commission has entered into an agreement under paragraph (m) (iii), (d) may convert any timber:
(i) so taken or otherwise acquired by the commission, or (ii) for the conversion of which the commission has entered into an agreement under paragraph (m) (iii), into logs, wood-chips, wood-pulp or sawn, hewn or dressed timber or any other article or any substance and may (subject to the terms and conditions of any such agreement which relates thereto) process any of those articles or substances or any bark, sidings, off-cuts, sawdust, shavings, or other residues produced as a consequence of the production of any of those articles or substances and sell or otherwise dispose of those articles or substances or anything produced as a consequence of processing any of those articles, substances or residues, (d1) may, in respect of timber taken by the commission or any other person on Crown-timber lands, control the utilisation, sale and disposal of bark, sidings, off-cuts, chips, sawdust, shavings and other residues produced as a consequence of the conversion of that timber into logs or any other article, (d2) may construct, purchase or take on lease or licence sawmills, factories or other premises for the purpose of enabling it to carry out any operation referred to in paragraph (d) of section 11C (2), together with such plant, machinery and equipment as may be necessary for the purpose of enabling it to carry out any such operation, (d3) may engage such employees as are, in the opinion of the commission, necessary for the purpose of enabling it to carry out any operation referred to in paragraph (d) or section 11C (2), (e) may construct roads, bridges, gates, ramps, railways, or incidental works, necessary for the taking or removing of timber or products on Crown-timber lands or for the taking or removing of any forest materials from any State forest or for the classification of lands in accordance with section 17, (f) may, without limiting the generality of the powers conferred on it by section 7 (1A), purchase, take on lease or licence, charter or otherwise acquire any vehicle, aircraft, vessel, plant, machinery or other thing and adapt or manufacture machinery or equipment:
(i) necessary for the taking or removing of timber or products on Crown-timber lands, (ii) necessary for the transporting of any article or other thing produced as a consequence of an operation carried out by the commission pursuant to paragraph (d), (iii) necessary for the taking or removing of timber or products pursuant to an agreement under paragraph (m) (iii), or (iv) otherwise necessary for the attainment of its objects or the exercise or performance of any of its powers, authorities, duties or functions under this Act, (f1) may, without limiting the generality of the powers conferred on it by section 7 (1A) but subject to section 7 (3), sell, let on lease, charter or otherwise dispose of any vehicle, aircraft, vessel, plant, machinery or other thing acquired, adapted or manufactured by the commission pursuant to paragraph (f), (f2) may purchase or otherwise acquire vehicles, vehicle chassis, aircraft, vessels, machinery or equipment and adapt them or it for the purpose of fire-fighting, may manufacture machinery or equipment for that purpose and may sell, let on lease, charter or otherwise dispose of anything adapted or manufactured for that purpose under this paragraph, (g) may establish seed orchards and nurseries for the propagation of trees and shrubs and may purchase seeds, trees and shrubs, (h) may sell seeds, trees and shrubs produced in seed orchards or nurseries established by the commission, (i) subject to the , may carry out on Crown-timber lands measures for the protection from fire of timber and products on Crown-timber lands, Rural Fires Act 1997 (j) may carry out research into the management of forests and flora reserves, including research into the growth and protection of trees and shrubs and the properties and use of timber and products, (k) may provide an inspection service for the inspection of timber, whether or not the timber is incorporated in any structure, (k1) may provide a service for the testing of timber and articles and commodities associated with the use of timber, (l) may publish information and provide advice to the public with respect to the growth and protection of trees and shrubs and the properties and use of timber and products, (m) may enter into an agreement with any person:
(i) for the supply by way of sale to that person, at such intervals or during such periods, of such quantities and kinds of timber or products taken or otherwise acquired by the commission, or such quantities and kinds of articles, substances or other things produced as a consequence of the exercise by the commission of the powers conferred on it by paragraph (d), as may be specified in the agreement, (ii) under which the commission, with the approval of the Minister, agrees to issue to that person timber licences or products licences or timber licences and products licences for the taking, at such intervals or during such periods, of such quantities and kinds of timber or products or timber and products, as may be specified in the agreement from lands within any area so specified, (iia) under which the commission carries out sylvicultural activities on, or under which the commission obtains the benefit of a forestry right (within the meaning of Division 4 of Part 6 of the ) in respect of, that person’s land, Conveyancing Act 1919 (iii) for the taking or removing of timber or products belonging to that person, the sale or other disposition of any such timber or products on that person’s behalf, the carrying out of any operation referred to in paragraph (d) with respect to any such timber or products or any residues thereof on that person’s behalf or the acquisition of any such timber or products from that person, or (iv) for the doing of any thing for or in relation to any matter necessary for or incidental to the attainment of its objects or the exercise or performance of any of its powers, authorities, duties or functions conferred or imposed by or under this or any other Act, (m1) may:
(i) join with any other person or persons in forming a partnership, but only where the partnership is formed for the purpose of carrying on the business of forestry, for the purpose of promoting safety and proficiency of forest operations or for the purpose of carrying on an activity of the same nature as an activity which the commission is empowered to carry on by paragraph (d), (g), (h), (j), (k), (k1) or (l) or section 11C (2), (ii) either jointly with any other person or persons or by itself, acquire an interest in any partnership that carries on an activity of the nature referred to in subparagraph (i), or (iii) involve itself in the control and management of, and in any activity of the nature referred to in subparagraph (i) carried on by, any partnership formed under subparagraph (i) or in which it has acquired an interest under subparagraph (ii), (m2) may form a corporation (whether by joining with any other person or otherwise) for the purpose of facilitating the exercise of any of the commission’s functions under this Act, (m3) may do any one or more of the following:
(i) procure the use of land on behalf of investors under a forestry right or by purchase, lease or otherwise, (ii) establish and maintain timber plantations on behalf of investors or other persons, (iii) harvest and market timber grown on behalf of investors or other persons, (m4) may exercise any of the powers referred to in section 33C, (m5) without limiting paragraph (m4), may, for any purpose consistent with its objects, grant a forestry right (within the meaning of section 87A of the ) in respect of a State forest, timber reserve or land owned by it, including any such right that is for the benefit of the commission, and only with the consent of any lessee in the case of a timber reserve, or Conveyancing Act 1919 (n) may determine, from time to time, whether fees or charges shall be charged in respect of any activity carried out by the commission by or under this Act and, if so, the amounts of those fees or charges and the persons by whom those fees or charges shall be paid. (1AA) The commission may exercise the powers conferred on it by subsection (1) (d2), (d3) and (m1) only with the approval of the Minister granted with the concurrence of the Treasurer. (1A) The commission may, with the approval of the Minister, enter into an agreement with any other Minister or with any statutory body or any other body prescribed by the regulations for the purposes of this section or any council (within the meaning of the ), who or which has power to enter into such an agreement for the joint utilisation of any land comprised in a State forest in accordance with any working plan or scheme of operations which is contained in or referred to in the agreement and which is consistent with the continuation of the use of the land as a State forest. Local Government Act 1993
(1) The Governor may, by proclamation published in the Gazette, vest in the commission the control or sylvicultural management (or both) of such lands in the special land districts declared under the in relation to Yanco and Mirrool as may from time to time be agreed upon between the commission and the Lands Administration Ministerial Corporation constituted by the Crown Lands Act 1989 for such time and upon such terms and conditions as to the division of the revenue therefrom arising or otherwise as may be agreed and approved by the Governor. Crown Lands Act 1989
(1) All money received by the commission shall be paid into an account referred to in section 12.
(1) The Minister may, for the purpose of a State forest, for the purpose of providing access to a State forest or for any purpose necessary for or incidental to the management or control of a State forest, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the . Land Acquisition (Just Terms Compensation) Act 1991 (2) On acquisition, the land is vested in the Crown. (3) The Minister may, for the purpose of giving effect to an agreement entered into under section 16A, acquire land dedicated as State forest by compulsory process in accordance with the . Land Acquisition (Just Terms Compensation) Act 1991 (4) Despite sections 18 (2), 19, 19A, 21A (1A) and 25A (4) of this Act, the publication in the Gazette of an acquisition notice under section 19 of the for the purposes of subsection (3) operates to revoke any dedication as State forest, declaration as national forest, declaration as special management zone or setting apart as flora reserve of the land referred to in the acquisition notice. Land Acquisition (Just Terms Compensation) Act 1991
(1) Subject to this section, and notwithstanding anything contained in any Act, the Minister may, on behalf of the Crown and the commission, enter into an agreement for the sale or other disposal of land dedicated as State forest subject to the sale of other land, or of an interest in other land, to the Crown for the purpose of a State forest or for access thereto. (2) An agreement entered into under subsection (1) may contain such provisions, stipulations, covenants, terms and conditions as the Minister thinks fit and, without limiting the generality of the foregoing provisions of this subsection, may make provision for and with respect to:
(a) the addition to an existing holding, to be held as part thereof, of the land sold or otherwise disposed of on behalf of the Crown, or the tenure upon which it is to be held under an Act relating to the disposal of land vested in the Crown, (b) the price, value, capital value, rent, or capital value and rent, attributable to the land sold or otherwise disposed of on behalf of the Crown and, where appropriate, the price payable for land, or an interest in land, sold to the Crown, (c) the surrender to the Crown, before land dedicated as State forest is compulsorily acquired for the purpose of giving effect to the agreement, of any estate or interest in that land, (d) the giving, taking or retention of possession, pending implementation of the agreement, of land affected by the agreement, and the terms and conditions thereof, (e) the receipt by the commission of moneys otherwise payable to the Crown under the agreement.
(1) The Governor, by notice in the Gazette, may dedicate as a State forest any land vested in the Crown, and not lawfully contracted to be sold, and not the subject of a tenure from the Crown (except a tenure specified or described in the First Schedule of land having an area of more than 2 hectares), but may not include in such dedication land held under a conditional lease applied for before the first day of January one thousand nine hundred and ten, unless the land so leased is within a reserve from sale, and the Governor may cancel any previous dedication of such land.
(1) The Minister may, by notice in the Gazette, declare any area of State forest (other than a flora reserve) to be a special management zone if the Minister is satisfied that the area has special conservation value. (1A) Subject to sections 16A and 19B, a notice under subsection (1) is not to be revoked either wholly or in part otherwise than by Act of Parliament. (1B) Despite subsection (1A), the Governor may, by notice published in the Gazette, revoke the declaration of any land as or as part of a special management zone and by that notice set apart the land as or as part of a flora reserve. (1C) Despite subsection (1A), the Governor may, by a notice under Division 1 of Part 4 of the that reserves land under that Act: National Parks and Wildlife Act 1974
(a) revoke the declaration of the land, or any part of the land, as a special management zone, and (b) revoke the dedication of the land, or any part of the land, to which the declaration as a special management zone applies, as a State forest. (2) The Minister may, by notice in writing to the commission, prohibit particular kinds of operations in a special management zone, or prohibit operations in the zone unless particular conditions are complied with.
(1) The Governor may, by notice in the Gazette, dedicate any area of Crown lands not being Crown lands the subject of a tenure from the Crown (except a tenure specified or described in the First Schedule of land having an area of more than 2 hectares) or set apart the whole or a portion of any State forest as a flora reserve for the preservation of native flora.
(1) An application for the purchase of land held under a prescribed lease from the Crown shall not be granted if:
(a) notice in writing of the application has not been given to the commission by a prescribed officer, or (b) where such a notice has been so given, the commission has, within a period of three months after the receipt of the notice or within such further period not exceeding three months as may, within that first-mentioned period of three months, have been notified by the commission to that prescribed officer, certified in writing to that prescribed officer that it objects to the granting of the application. (2) Where the commission has certified in writing to a prescribed officer that it objects to the granting of an application, the application shall be deemed to have been refused.
(1) Upon land becoming purchase-tenure land there is (unless the commission has certified under section 25E (7) that this section is not to apply to the land) reserved to the Crown for the enjoyment of the commission, or, if a timber licence or products licence is issued in respect of that land, for the enjoyment of the holder of the licence, a profit à prendre conferring on the commission or that holder, as the case may be, the right, whether or not the balance of purchase money is paid or the land is under the provisions of the , to take timber or products from that land to the exclusion of any person who, but for this subsection, would be entitled to take the timber or products. Real Property Act 1900 (2) Subject to section 25I a profit à prendre reserved in respect of any land under subsection (1) expires at the end of a period of ten years from the date on which the land became purchase-tenure land. (3) Except as otherwise provided by this Act, the commission, or the holder of a timber licence or products licence entitled to the enjoyment of a profit à prendre reserved under subsection (1), is not liable to make any payment in respect of the rights conferred thereby.
(1) A person who:
(a) on any Crown-timber lands:
(i) cuts, strips, obtains, removes, destroys or damages any timber, or (ii) digs for, extracts, obtains, removes, destroys or damages any products, or (iii) causes or knowingly suffers any of the things referred to in subparagraph (i) or (ii) to be done, or (b) on any State forest or flora reserve quarries, digs for, extracts, obtains, removes, destroys or damages any forest materials or causes or knowingly suffers any of those things to be done, is guilty of an offence and liable to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 6 months, or to both such penalty and imprisonment and where in the commission of the offence any tree is destroyed or damaged to an additional penalty not exceeding $10 for each such tree.
(1) This section applies to a royalty payable in respect of timber, products or forest materials taken on or from prescribed land.
(1) A grazing permit under this Act authorises the holder, subject to the regulations and subject to the conditions and limitations of the permit, to graze and water animals. (1A) An occupation permit under this Act authorises the holder, subject to the regulations and subject to the conditions and limitations of the permit, to occupy land:
(a) as the site of a sawmill or other building, or any tramway, wharf, or timber depot, (b) for charcoal burning or bee-farming or any other purpose approved by the commission, or (c) where the permit is in respect of land within a State forest or flora reserve, for any purpose approved by the commission and specified in the permit. (2) An occupation permit may be granted under subsection (1A) (a) only to a person who is the holder of a licence, not being a clearing licence.
(1) A person shall not, without lawful authority, graze or water animals on any land within a State forest, timber reserve or flora reserve. Penalty: 20 penalty units.
(1) A special purposes permit under this Act authorises the holder, subject to the regulations and subject to the conditions and limitations of the permit, to engage in or conduct such of the activities prescribed for the purposes of this section as are specified in the permit.
(1) The commission may lease, on such conditions as it thinks fit, land within State forests for grazing or any purpose approved by the commission and not opposed to the interests of forestry.
(1) In this section: erect includes place.structure includes:
(a) a building, (b) a tent, (c) a post, pile, stake, pipe, chain, wire or any other thing, that is fixed to the soil or to anything fixed to the soil, (d) a beehive, and (e) a work, object or article prescribed for the purposes of this section. (2) The commission may cause or authorise a structure erected without lawful authority in a State forest, timber reserve or flora reserve, or a structure erected with lawful authority in a State forest, timber reserve or flora reserve where that authority has expired or been terminated for any reason, to be removed, together with the contents, if any, of the structure.
(1) In this section, control sign means a standard, sign, notice or device in or similar to a form, or generally answering a description, prescribed for the purposes of this section.
(1) In this section:
(a) a reference to the driver of a motor vehicle includes a reference to the rider of a motor cycle, and (b) a reference to a driver licence is a reference to a licence of any kind issued under any Act, or under the regulations made under any Act, to drive or learn to drive a motor vehicle, or to ride or learn to ride a motor cycle.
(1) In this section, a reference to the driver of a motor vehicle includes a reference to the rider of a motor cycle.
(1) In this section: owner of a motor vehicle includes the responsible person for the vehicle within the meaning of the. Road Transport (General) Act 2005 parking offence means the offence committed by a person who, in contravention of the regulations:
(a) parks a motor vehicle, or (b) causes or permits a motor vehicle to be parked or to stand or wait. (2) Where a parking offence occurs, the person who, at the time of the occurrence of the offence, is the owner of the motor vehicle to which the offence relates is, by virtue of this section, guilty of an offence under the regulations relating to the parking offence in all respects as if the person were the actual offender guilty of the parking offence unless:
(a) in any case where the parking offence is dealt with under section 46A, the owner satisfies the authorised person referred to in that section that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or (b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:
(a) regulating the manner of applying for, and issuing, granting, transferring, suspending and cancelling, and the forms of leases, licences, and permits under this Act, (b) prescribing the fees, charges, rents, and the minimum royalties payable under this Act; providing for exemptions from the payment of royalty, and the calculation of royalty and the measurement of timber, products and forest materials for that purpose, (ba) (c) providing for the payment and collection of royalty and prescribing the persons by whom royalty shall be paid, and the manner of such payment, (d) prescribing the periods for which and the conditions under which such leases, licences, and permits may be issued and granted, and the powers thereby conferred may be exercised, (e) regulating the exercise of the powers conferred by any lease, licence, or permit and any matters incidental thereto, including the protection and preservation of timber, products and forest materials, and regulating (whether or not by the issue of licences) the cutting down, destroying or removing of timber or the obtaining, destroying or removing of products or forest materials and regulating the marking of timber and products, (e1) (f) regulating the inspection, branding, marking, and certification of timber and products, and the fees to be charged for the same; and providing penalties for falsely applying or counterfeiting or for defacing the prescribed or registered brands or marks, and for counterfeiting or defacing certificates authorised to be granted under this Act or the regulations, (g) providing for the establishment of depots where timber and products shall be deposited for inspection, branding, and measurement; for the regulation and management of such depots, and the detention therein of timber or products until the royalty thereon is paid, (h) regulating and controlling the storing of any timber on any public wharf, road, depot, or place, (i) prohibiting the making of any instrument which might be used for counterfeiting the brands or marks placed on timber by officers or persons under the control of the commission, (j) prohibiting any person from having in the person’s possession, disposing of, or using any instrument used by any such officer for placing brands or marks on timber, or so closely resembling the same as to be calculated to deceive, (k) prescribing the kinds, sizes, and quantities of timber or products which may be cut or removed; and prohibiting the removal of timber unless branded or marked as prescribed, (l) prescribing the books and records to be kept and the returns to be made by persons working or acting in the management of sawmills or taking delivery of timber, products or forest materials, (m) providing for the making of declarations or statements as to the quantity and description of timber, products and forest materials obtained, taken delivery of, held, removed, hewn, sawn, or otherwise treated, or transported or consigned by road, rail, or water, and as to the place where any timber, products and forest materials were obtained, and as to the place to which they are consigned, and prescribing the time within which such declarations or statements shall be made; and imposing penalties for refusing to make any such declarations or statements, or for making untrue declarations or statements, (n) prescribing the fees or deposits to be paid with any application made under this Act or the regulations, and the forms to be used in carrying out this Act and the regulations, (n1) regulating the use and enjoyment of State forests, timber reserves and flora reserves, (n2) prohibiting or regulating the entry of persons into and providing for the safety of persons in State forests, timber reserves and flora reserves, (n3) regulating or controlling camping or residence in State forests, timber reserves and flora reserves and the making, collecting and receiving of charges therefor or prohibiting camping or residence in State forests, timber reserves and flora reserves, (n4) securing decency and order in State forests, timber reserves and flora reserves, (n5) providing for the removal of trespassers and other persons causing annoyance or inconvenience in State forests, timber reserves and flora reserves, (n6) prohibiting or regulating the taking of intoxicants into, and the consumption thereof in, State forests, timber reserves and flora reserves, (n7) providing for the reservation of any portion of a State forest, timber reserve or flora reserve for separate or exclusive use in such circumstances as the regulations may prescribe, (o) prescribing the conditions under which fires may or may not be lighted or used in State forests, flora reserves, and timber reserves, regulating or prohibiting the carrying or use of wax matches, or the use of traction engines therein; and generally for the protection of State forests, flora reserves, and timber reserves from damage by fire, (o1), (p) (p1) prohibiting or regulating the taking of animals on or into State forests, timber reserves and flora reserves, providing for the care and protection of animals in State forests, timber reserves and flora reserves, prescribing the conditions on which animals may be permitted or suffered to be on or in State forests, timber reserves and flora reserves and regulating the removal of animals from State forests, timber reserves and flora reserves, (p2) prohibiting or regulating the entry of vehicles into and the use of vehicles in State forests, timber reserves and flora reserves, (p3) regulating and controlling the parking of vehicles in State forests, timber reserves and flora reserves and providing for the making, collecting and receiving of charges therefor, (p4) prescribing the speed and load limits of vehicles in State forests, timber reserves and flora reserves, (p5) regulating, controlling or prohibiting the use of roads, tracks, trails and other ways in State forests, timber reserves and flora reserves and the circumstances under which roads, tracks, trails and other ways therein shall be open or may be closed to public traffic or use, (p6) prohibiting the obstruction of roads, tracks, trails and other ways in State forests, timber reserves and flora reserves and controlling and regulating the use of gates in State forests, timber reserves and flora reserves or on the boundaries thereof, (p7) prohibiting the damaging or destruction of trees and other vegetation, standards, signs, notices, devices, buildings, roads, fences, dams, lookout towers and other improvements, structures and installations and the plant and equipment of the commission, its lessees, licensees and permittees, (p8) with respect to a control sign within the meaning of section 36A:
(i) prohibiting, regulating or controlling the use or enjoyment of a State forest, timber reserve or flora reserve by means of a control sign, (ii) prescribing the form or description of control signs, (iii) providing for the interpretation of words, figures, symbols or abbreviations appearing on a control sign, (iv) specifying or otherwise providing for the direction represented by a standard, sign, notice or device comprising, or partly comprising, a control sign, (v) providing for the observance of a direction appearing on, or prescribed as being represented by, a control sign, (q) providing for the organisation of a system of education and training in scientific forestry, (r) providing for the collection of forestry statistics, (s) regulating the commission in the exercise of its powers or discharge of its duties under this Act, (t) (u) controlling officers and others under the control of the commission, (v) providing for the management and control of flora reserves and for all matters relating to such reserves.
(1) Any member of the police force or person authorised by the commission in writing to act under this section:
(a) may stop and detain any timber, products or forest materials within the boundaries of a State forest, a timber reserve or flora reserve, or upon any Crown lands, or on any public highway or public place, (b) if the member or person has reason to believe that any timber, products or forest materials have been cut, removed, or otherwise dealt with contrary to the provisions of this Act or the regulations, or have been abandoned, may enter any land and any buildings thereon and seize such timber, products and forest materials and any article or thing that the member or person has reason to believe has been used to so cut, remove or otherwise deal with that timber or those products or forest materials, and place a distinctive mark on any such timber or products, and (c) if the member or person has reason to believe that any timber, products or forest materials have been cut, removed, or otherwise dealt with contrary to the provisions of this Act, or the regulations, may direct any person in possession of that timber or those products or forest materials to forthwith deliver the timber, products or forest materials to a specified place and may, on that delivery, seize that timber or those products or forest materials. (1A) A person shall not fail to comply with a reasonable direction given under subsection (1) (c) or obstruct, hinder, prevent or interfere with a member of the police force or, on production of his or her authority, a person authorised in accordance with subsection (1) in the exercise or performance of any power, authority, duty or function conferred or imposed by this section on the person. Penalty: 20 penalty units. (2) Where property is seized under subsection (1) (b), the person making the seizure shall:
(a) where the identity of the person in possession of, or reasonably believed to be the person who has cut, removed or otherwise dealt with the timber, products or forest materials contrary to the provisions of this Act or the regulations, is known to the person making the seizure, the person making the seizure shall inform that other person of the seizure unless the whereabouts of that person cannot with reasonable diligence be ascertained, and (b) whether or not the identity of the person in possession of, or reasonably believed to be the person who has cut, removed or otherwise dealt with the timber, products or forest materials contrary to the provisions of this Act or the regulations, is known to the person making the seizure, the person making the seizure shall affix a notice of the seizure:
(i) on the property so seized, and (ii) at the place nearest to the place of the seizure where a sitting of the Local Court may be held.
(1) In this section: authorised person means an officer of the Public Service employed in the administration of this Act and appointed by the commission to be an authorised person for the purposes of this section, or an employee of the commission so appointed.owner , in relation to a motor vehicle, has the meaning ascribed thereto in section 38C.parking offence has the meaning ascribed thereto in section 38C.royalty , in relation to a notice under subsection (2), means the amount, if any, referred to in subsection (2) (d) and specified in the notice.(2) Where it appears to an authorised person that another person:
(a) has committed, or by virtue of section 38C is guilty of, a parking offence, or (b) has committed any prescribed offence under this Act or the regulations, the authorised person may serve a notice on that other person to the effect that, if that other person does not desire to have the matter determined by a court he may, within a time specified in the notice, pay to the commission:
(c) the amount of penalty prescribed for the offence if dealt with under this section, and (d) where the commission has certified an amount under subsection (3), the amount so certified. (3) Where it appears to an authorised person that another person has committed an offence referred to in subsection (2) (b) involving the taking or destruction of any timber, products or forest materials, the commission may certify to that authorised person the amount that it determines would have been payable by way of royalty if the timber, products or forest materials had been taken in pursuance of a timber licence, products licence or forest materials licence. (4) A notice under subsection (2):
(a) may be served personally or by post, or (b) where the notice relates to a parking offence, may be addressed to the owner of the vehicle to which the parking offence relates without naming the person or stating the person’s address and may be served by leaving it on or attaching it to, the vehicle. (5)
(1) In this section, a reference to the conviction of a person includes a reference to the making of an order in respect of a person under section 10 of the . Crimes (Sentencing Procedure) Act 1999 (2) Where a person is convicted of an offence under this Act or the regulations whereby the commission incurs any charge, cost or expense or which results in or causes loss of or damage to:
(a) any Crown-timber lands or any road, improvement or structure thereon, under the control of or the property of the commission, or (b) any other property of the commission, the Magistrate before whom the person was convicted:
(c) shall, where the offence in respect of which the person was convicted involved the taking or destruction of any timber, products or forest materials and the commission has certified the amount that it determines would have been payable by way of royalty if the timber, products or forest materials had been taken in pursuance of a timber licence, products licence or forest materials licence, order payment by that person to the commission of that amount, and (d) may order payment by that person to the commission of such other amount as the person thinks fit by way of compensation for any other charge, cost, expense, loss or damage.
(Section 37)