1996—No. 176 (NSW)

1996—No. 176

FORESTRY ACT 1916—REGULATION

(Relating to short descriptions of selected penalty notice offences)

NEW SOUTH WALES

[Published in Gazette No. 61 of 17 May 1996]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Forestry Act 1916, has been pleased to make the

Regulation set forth hereunder.

KIM YEADON, M.P.,

Minister for Land and Water Conservation.

Commencement

1. This Regulation commences on 17 May 1996.

Amendments

2. The Forestry Regulation 1994 is amended:

(a) by inserting after clause 74 the following clause:

Short descriptions

74A. (1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 2A is:

(a)	the expression specified opposite in Column 2 of that Schedule; or
(b)	if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 2A, the prescribed expression for the offence is taken to relate to the offence created by the provision as the provision was in force when the offence is alleged to have been committed.

1996—No. 176

(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.

(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

(b) by omitting the heading to clause 77 and by inserting instead the following heading:

Repeal of 1983 regulation

(c) by inserting after clause 7’7 the following clause:

Repeal of 1987 regulation

78. (1) The Forestry (Short Description of Offences) Regulation 1987 is repealed.

(2) The repeal of the Forestry (Short Description of Offences) Regulation 1987 does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which an expression prescribed by that Regulation is used.

(3) Subclause (2) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the repeal of the Forestry (Short Description of Offences) Regulation 1987) that relates to an offence alleged to have been committed before that repeal.

(d) by inserting after Schedule 2 the following Schedule:

SCHEDULE 2A—SHORT DESCRIPTIONS

(Cl. 74A)

Column 1

Column 2

Offence

Prescribed expression

Forestry Act 1916

Section 27 (1) (a) (i)—cut

timber on Crown-timber

lands

cut timber

1996—No. 176

Section 27 ( l ) (a) (i)- remove timber

remove timber on

Crown-timber lands

Section 27 (1) (a) (i)- destroy timber

destroy timber on

Crown-timber lands

Section 27 (1) (a) (i)- damage timber

damage timber on

Crown-timber lands

Section 27 (1) (a) (ii)- remove products

remove products on Crown-timber lands

Section 27 (1) (a) (ii)- destroy products

destroy products on Crown-timber lands

Section 27 (1) (a) (ii)- damage products

damage products on Crown-timber lands

Section 27 (1) (a) (iii)— cause timber to be cut

cause timber on

Crown-timber lands to be

cut

Section 27 (1) (a) (iii)— cause timber to be removed

cause timber on

Crown-timber lands- to be

removed

Section 27 (1) (a) (iii)— cause timber to be destroyed

cause timber on

Crown-timber lands to be

destroyed

Section 27 ( l ) (a) (iii)— cause timber to be damaged

cause timber on

Crown-timber lands to be

damaged

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Section 27 (1) (a) (iii)— cause products to be

cause products on

removed

Crown-timber lands to be

removed

Section 27 ( l ) (a) (iii)— cause products to be

cause products on

destroyed

Crown-timber lands to be

destroyed

Section 27 (1) (a) (iii)— cause products to be

cause products on

damaged

Crown-timber lands to be

damaged

Section 27 (1) (b)—extract extract forest materials on

forest materials on a State	State forest
forest

Section 27 (1) (b)—extract extract forest materials on

forest materials on a flora	flora reserve
reserve

Section 27 (1) (b)-remove remove forest materials on

forest materials on a State	State forest
forest

Section 27 (1) (b)-remove remove forest materials on

forest materials on a flora	flora reserve
reserve

Section 27 (1) (b)—cause cause forest materials to be

forest materials to be	extracted on State forest
extracted on a State forest

Section 27 (1) (b)—cause cause forest materials to be

forest materials to be

extracted on flora reserve

extracted on a flora

reserve

Section 27 (1) (b)—cause cause forest materials to be

forest materials to be	removed on State forest
removed on a State forest

1996-No. 176

Section 27 (1) (b)—cause forest materials to be cause forest materials to be

removed on flora reserve

removed on a flora

reserve

Section 29 (1 )-work a mill work mill without authority

for the sawing or

or permission

treatment of timber except

under the authority of a

sawmill licence which is

in force or in accordance

with a written permission

of the commission

Section 29 (2)—contravene contravene sawmill licence

a provision or condition

in a sawmill licence

Section 29 (2)—contravene contravene permission to

a provision or condition	work mill
in a written permission

Section 32 (1)-without graze animals without

lawful authority graze

authority in State forest

animals on land within a

State forest

Section 32 (1)-without graze animals without

lawful authority graze	authority on timber
animals on land within a	reserve
timber reserve

Section 32 (1)-without graze animals without

lawful authority graze

authority on flora reserve

animals on land within a

flora reserve

Section 32 (2)—without occupy land within State

lawful authority occupy	forest without authority
land within a State forest

Section 32 (2)-without occupy land within timber

lawful authority occupy

reserve without authority

land within a timber

reserve

Section 32 (2)-without occupy land within flora

lawful authority occupy

reserve without authority

land within a flora

reserve

Section 32 (2)-without use land within State forest

lawful authority use land	without authority
within a State forest

Section 32 (2)-without use land within timber

lawful authority use land reserve without authority

within a timber reserve Section 32 (2)-without use land within flora reserve

lawful authority use land	without authority
within a flora reserve

Section 32C (2) (a)-have possess firearm in State

in possession a firearm in	forest
a State forest

Section 32C (2) (a)-have possess firearm in timber

in possession a firearm in	reserve
a timber reserve

Section 32C (2) (a)-have possess firearm in flora

in possession a firearm in	reserve
a flora reserve

Section 32C (2) (a)- discharge firearm in State

discharge a firearm in a	forest
State forest

Section 32C (2) (a)- discharge firearm in timber

discharge a firearm	in a	reserve
timber reserve

Section 32C (2) (a)- discharge firearm in flora

discharge a firearm	in a	reserve
flora reserve

1996-No. 176

Forestry Regulation 1994

Clause 13 (2)-without enter/remain in prohibited

permission, enter/remain in	area
a forestry area contrary to notice that prohibits entry

Clause 13 (2)-without drive into/within prohibited

permission, drive vehicle

area

into/within forestry area

contrary to notice that

prohibits entry

Clause 13 (4)-without exceed speed limit in

permission, drive vehicle

forestry area

within forestry area

contrary to notice

specifying speed limit

Clause 47 (4)-being the timber licensee employ

holder of a timber

person without licence

licence, allow a person to

be employed for the

purposes of the licence

who is not the holder of

a current contractor’s/

operator’s licence

Clause 47 (4)-being the products licensee employ

holder of a products

person without licence

licence, allow a person to

be employed for the

purposes of the licence

who is not the holder of

a current contractor’s/

operator’s licence

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Clause 47 (4)-being the forest materials licensee

holder of a forest

employ person without

materials licence, allow a

licence

person to be employed for the purposes of the licence who is not the holder of a current

contractor’s/operator’s

licence

Clause 47 (4)-being a sale agreement party employ

party to a sale agreement,

person without licence

allow a person to be

employed for the purposes

of the agreement who is

not the holder of a

current contractor’s/

operator’s licence

Clause 68 (2)-fail to not comply with direction

comply with the direction	(timber)
of an authorised officer relating to the taking of timber by another person on/from Crown-timber
lands

Clause 68 (2)-fail to not comply with direction

comply with the direction (products)

of an authorised officer relating to the taking of products by another

person on/from

Crown-timber lands

Clause 68 (2)-fail to not comply with direction

comply with the direction	(forest materials)
of an authorised officer relating to the taking of forest materials by another
person from a State forest

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Clause 70 (4)-fail to not provide statement

comply with requirement

to provide statement

Clause 70 (4)-fail to not provide declaration

comply with request to support statement with declaration

Clause 70 (4)-knowingly make materially false knowingly make false

statement

statement

Clause 73—contravene contractor permit drive/draw

condition of contractor’s

overloaded vehicle

licence by permitting a

person to drive/draw

haulage vehicle the loaded

weight of which exceeds

the loaded weight

prescribed for the vehicle

by clause 7 of the Roads

(Weight of Loads on

Roads other than Main

Roads) Transitional

Regulation 1993

Clause 73—contravene operator drive/draw

condition of operator’s

overloaded vehicle

licence by driving/drawing haulage vehicle the loaded weight of which exceeds

the loaded weight

prescribed for the vehicle

by clause 7 of the Roads

(Weight of Loads on

Roads other than Main

Roads) Transitional

Regulation 1993

1996—No. 176

EXPLANATORY NOTE

The objects of this Regulation are to:

(a)	repeal the Forestry (Short Description of Offences) Regulation 1987 made under the Justices Act 1902; and
(b)	set out corresponding short descriptions as Schedule 2A to the Forestry Regulation 1994, made under the Forestry Act 1916.

The short descriptions of a number of offences under the Forestry Act 1916 that may be dealt with by way of penalty notice are transferred with only minor amendments. The short descriptions of offences under the former Forestry Regulation 1983 (repealed in 1994) are revised so that they correspond to a selection of the offences under the Forestry Regulation 1994 that may be dealt with by way of penalty notice.

This Regulation is made under section 41 (Regulations) of the Forestry Act 191 6 as

extended by section 145B (3) (Short description of certain offences) of the Justices Act