Forestry Act 1909 (NSW)
A c t No . 6, 1909.
| A n | A c t t o p r o v i d e | for t h e d e d i c a t i o n , | r e s e r v a t i o n , |
a n d m a n a g e m e n t of S t a t e fores t s a n d t i m b e r
r e s e r v e s ; for r e g u l a t i n g t h e o b t a i n i n g a n d
r e m o v i n g of t i m b e r a n d o t h e r p r o d u c t s ; for r e g u l a t i n g saw-mi l l s ; for i m p o s i n g fees,
r e n t s , a n d r o y a l t i e s ; t o r e g u l a t e r i n g b a r k i n g ;
t o a m e n d t h e C r o w n L a n d s A c t of 1884, t h e C r o w n L a n d s A m e n d m e n t A c t of 1905, t h e
C r o w n L a n d s ( A m e n d m e n t ) Ac t , 1908, t h e
M i n i n g Ac t , 190G, t h e P u b l i c W o r k s Ac t ,
1900, a n d t h e I m p o u n d i n g A c t of 1898 ; a n d
for p u r p o s e s c o n s e q u e n t t h e r e o n or i n c i d e n t a l
t h e r e t o . [11th November, 1909.]
| BE i t enacted by t he King ' s Most Exce l l en t | Majesty, by and with |
| the advice and consent of t he Legis la t ive Council and Legislat ive Assembly of N e w South | Males | in P a r l i a m e n t | assembled, and by the |
| a u t h o r i t y | of | t h e same, | as follows :— |
P A R T I . P R E L I M I N A R Y .
Short title and repeal.
| day of J a n u a r y , one thousand n ine hundred and ten. | Definitions. |
1. This A c t may be cited as the " Forestry Act , 1909 ."
This A c t is divided into Pa r t s , as follows : —
P A P T I . — P R E L I M I N A R Y — s s . 1-5.
P A R T I I . — S T A T E FORESTS AND T I M B E R R E S E R V E S — s s . 6 - 1 3 . P A R T I I I . — L I C E N S E S , T I M B E R R I G H T S , AND P E R M I T S — s s . 14-22.
P A R T I V . — G E N E R A L A N D S U P P L E M E N T A L — s s . 23-34 . 2 . The enac tmen t s ment ioned in t he Schedule are to t he ex ten t
the re in indicated repealed.
3 . This Ac t shall commence and come into force on t he first
Definitions.
4 . I n th i s Act , unless the contex t requires ano ther m e a n i n g , —
" C r o w n l a n d s " means lands vested in H i s Majesty and no t
p e r m a n e n t l y dedicated to any publ ic purpose or g ran ted or lawfully cont rac ted to be gran ted in fee-simple.
" E x c l u s i v e r i g h t s " means r igh t s g ran ted unde r section fifteen.
" Lease " w h e n referr ing to a lease u n d e r the Crown Lands Acts includes a promise of lease u n d e r those Ac t s ; and " lessee " means t h e holder of such lease, and includes t he holder of a n y such promise.
" M i n i s t e r " means Minis te r of t he Crown charged wi th t he
adminis t ra t ion of th is Ac t .
" Prescr ibed " means prescribed by th is Act or t he regula t ions .
" P roduc t s " means p roduc t s of growing or dead t imber , trees,
shrubs, or vegetable g rowth of economic value .
" R e g u l a t i o n s " means regula t ions m a d e u n d e r this Act .
" S t a t e f o r e s t " means land dedicated under this Act as a State forest.
" T imber reserve " means land temporar i ly reserved for forestry
purposes .
Forestry Department.
5. A b ranch of the Publ ic Service shal l be established, to be
The Governor shal l , subject to t he Pub l ic Service Act, f!)02,
and the Acts amend ing the same, appoint a director of forests, and
such o ther officers of the Forestry D e p a r t m e n t as he t h i n k s necessary.
called t h e Fo re s t ry D e p a r t m e n t .
P A R T I I .
STATE F O R E S T S AND T I M B E R R E S E R V E S .
6. The Governor may, unde r t in 1 Pub l i c W o r k s Ac t , 1900,
purchase , resume, or appropr ia te land for t he purpose of a S ta te forest. Such purchase , r esumpt ion , or appropr ia t ion shall be deemed to be for a n author ised work . Such land shall no t be deal t wi th otherwise t h a n
in pur suance of th i s Ac t .
7. The Minis ter shall , w i th in three years of t h e commence
m e n t of this Act , or as soon after t he expi ra t ion of t h a t period as pract icable , cause a classification of the forest lands of t he S ta te to be made by such persons as t h e Minis te r m a y appo in t in t h a t behalf for t he purpose of de te rmin ing which of such lands are su i table to b e —
(a) p e r m a n e n t l y dedicated as Sta te forests ; (h) temporar i ly reserved as t imber reserves.
8. The Governor, by not ice in t h e Gazet te , m a y dedicate as a S ta te forest any land vested in H i s Majesty, and not g ran ted or lawful ly cont rac ted to be granted in fee-simple, b u t m a y n o t inc lude in such dedication land held unde r a condit ional lease g ran ted before the commencemen t of this Ac t unless t he land so leased is wi th in a reserve f rom sale, and for t ha t purpose m a y cancel a n y previous dedicat ion of such land.
L a n d dedicated under th is section shall no t be deal t wi th other-
wise t h a n in pursuance of th i s Act , and such dedication shall no t be
| revoked | or al tered except unde r the au thor i ty of th i s Ac t . |
9. A dedication unde r this Act of a S ta te forest may be
revoked in whole or in pa r t in the following m a n n e r :—
(a)
The Governor shall lay on the table of each House of Parlia m e n t proposals for such revocation.
(b) After such proposals have been so laid before Pa r l i amen t , t he Governor, on a resolut ion being passed by bo th Houses t h a t such proposals be carried out , may , by not ice in t he Gazet te , revoke such dedicat ion as aforesaid, and the reupon the land shall become Crown lands wi th in the mean ing of t he Crown Lands or "Western Lands Acts, and shall be dealt with unde r those Acts .
10 . (1) The dedication of land as a State forest shall no t affect
any lease; or license from the Crown or any port ion thereof, provided t ha t , unless wi th t h e concurrence of t he Minis ter , such lease or license shall no t be renewed, and its t e r m shall not ex tend beyond t h e t e r m
| in a State forest or t imber reserve may be gran ted unde r t he Crown | or period t hen cu r ren t at the time 1 of such dedicat ion. (2) A lease or license for grazing purposes of land included |
| Lands or Wes t e rn Lands Acts , subject to such provisions and condit ions as the Minis te r th inks necessary in t h e interests of forestry. |
1 1 . L a n d wi th in a S ta te forest shall be subject to such of the
provisions of the M i n i n g Act , 190G, and of t he Acts amend ing the same, as arc appl icable to land p e r m a n e n t l y dedicated ; b u t the exercise
| of any r igh t t he reunde r wi th in a S ta te forest shall be subject to | such |
condit ions and restr ict ions re la t ing to forestry as may he prescr ibed :
Provided t h a t t he Minis ter , with t he "Concurrence of t he Minis te r
for Mines , by notification in t he Gazet te , may t ake any par t of a Sta te forest ou t of the operat ion of those provisions, and revoke or a l ter any
| such notification. | 12 . |
12 . The Governor , by notice in the Gazette , may, on the
r ecommenda t ion of the Minis ter , and with t he concur rence of t he Secretary for Lands , t emporar i ly reserve from sale any Crown land, except land held unde r a condit ional lease granted before t he passing of th i s Act , as a t imber reserve, and revoke or al ter , in -whole or in par t , any such reservation, or any reservation made before the commencement of this Act, of land for a t imber or forest reserve.
W h e r e any reservation of any land is so revoked, the land shall ,
unless otherwise declared by notification in the Gazet te , become Crownlands wi th in t he mean ing of and be dealt w i t h unde r the Crown
L a n d s or W e s t e r n Lands Acts . 1 3 . N o reservat ion from sale of land as a t imber or forest
reserve, notified b e f o r e or after t h e commencement of this Act , shal l be revoked or altered in whole or in par t except unde r this Act .
P A R T I I I .
L I C E N S E S , T I M B E R PLIGHTS, AND P E R M I T S .
T i m b e r - g e t t e r s ' and other licenses.
14 . T imber -ge t t e r s ' and other licenses to have effect for a year
or any less t e rm not less t h a n one mon th may , on payment of the prescr ibed fee, be g ran ted by the Minis te r or by any person author ised by h im. A n y such license shall au thor ise the holder to t ake t imber and products , or any specified description thereof, on any State forest, license, whe the r such land is or is not under lease or l icense from the t imber reserve or portion thereof, or Crown land ment ioned in t he
C r o w n ;
bu t the Minis ter m a y
limit the n u m b e r of licenses
which
may apply to a specified area :
Provided that a license granted under this section shall not apply unless wi th the consent of the lessee or the t rus tees , as the case may be, to land held under condit ional lease and not reserved from sale, or under condit ional purchase lease, or in respect of which t rus tees have been appointed for any public purpose :
Provided also tha t the powers conferred by any such license shall be exercised subject to such conditions, exempt ions , and reservat ions as a t any t ime, before or after the g r a n t of the license, may be prescribed, or may be notified by the Minis te r in the Gaze t te .
Exclusive
Exclusive rights.
1 5 . The Minis ter may , after open inqu i ry and repor t by the
local land hoard, w h e n the land in quest ion is difficult of access or where t he ge t t ing of the t imber or products thereon would entai l heavy expend i tu re , g r a n t exclusive r igh t s to fake t imber or products , or any specified descript ion thereof, on specified areas of Sta te forests, t imber reserves, or, wi th the concurrence of the Secretary for Lands , on Crown lands reserved from sale ; bu t such r igh t shal l not be granted in respect of an area exceeding ten thousand acres, or for a period exceeding fifteen years.
16 . I n respect of any such r ight , the following provisions shall
apply :—
(a) The r igh t m a y be g ran ted at a r en t to be de te rmined by the Minis ter , or may be disposed of by auc t ion at not less t han the upset ren t fixed by the Minis ter .
(b) The royalty payable shall be as prescribed, but shall not be less t h a n t h a t payable where no exclusive r igh t is granted . (c) The r igh t shall he g ran ted by a document signed by the Minis ter and approved by the Governor , in which shall be s tated the condi t ions unde r which the r igh t may be exercised and t h e c i rcumstances unde r which it may be forfeited by
the Minis ter . (d)
In every such document proper provision shall be made to secure tha t the exercise of the; r i g h t shall be commenced and con t inued wi thout undue delay, and provision may so be made for t he employment of a m i n i m u m n u m b e r of m e n on the land, or for a m i n i m u m quan t i t y of t imber or products to be cu t and removed, or for t he expend i tu re of a m i n i m u m a m o u n t of money in works and improvemen t s in connect ion
wi th t he exercise of the r igh t granted . (e)
T h e holder of every such r ight shall furnish a mon th ly r e tu rn , g iv ing par t icu la rs of t he n u m b e r of logs and superficial contents of t imber removed from the l and subject to the r i gh t each m o n t h . I n default thereof t he r i g h t shall be liable to forfeiture.
(f)
On ly persons duly licensed in t h a t behalf unde r th i s Ac t shall be employed in t a k i n g t imber and produc ts on t he land.
(g)
The Governor may at any time withdraw from such right any p a r t of the land to which it applies if he is satisfied t h a t such act ion is desirable, e i ther in t h e interests of m i n i n g
or to m e e t t he necessities of se t t lement . Saw-mills
Saw-mills licenses. 17. (1) Every person conduc t ing a saw-mill for the sawing or
t r e a t m e n t of t imber shall obtain a license in respect of the same, and shall keep t h e prescr ibed books and records and m a k e the prescribed re tu rns .
( 2 ) Eve ry such license shall be in force un t i l the thir ty-f irs t
day of December in t he year in which it is issued, and shall thereaf ter
be renewable from year to year.(3) Such licenses may be gran ted and renewed by the Minis ter , or some person author ised by h im in t h a t behalf, in t he m a n n e r and subject to t he condit ions prescribed and upon p a y m e n t of an a n n u a l fee of one pound :
Provided t h a t persons conduc t ing saw-mills exclusively for t h e t r e a t m e n t of t imbe r which is no t subject to t he p a y m e n t of roya l ty may, on appl ica t ion , be exempted by the Minister from the operat ion of th i s clause :
Provided also t h a t where any such license is issued after t he
th i r t i e th day of J u n e in any year t he fee in respect of the unexp i red
port ion of t ha t year shall be one half of t he a n n u a l fee.
(4) Every such license shall specify in addit ion to anyother m a t t e r prescribed the site or wharf which shall be the au thor ised p lace for del iver ing or for loading t imber cut , sawn, or otherwise t r ea ted a t a saw-mill , into ocean-going ships, or other med iums of t ranspor t .
(5) A n y person conduc t ing a saw-mill , whe the r as owner, lessee, or otherwise, w i thou t holding a license in force in respect of t h e same in pu r suance of this section, and any such person who fails to keep and exhib i t on demand by an author ised officer the prescribed books and records, or fails to m a k e the prescribed re tu rns , shall be liable to a pena l ty not exceeding fifty pounds .
Royalty. 1 8 . (1) R o y a l t y shall be paid a t the rates prescribed on all
t imber felled on or removed from Sta te forests, t imber reserves, Crown lands, or lands held u n d e r any t enu re from the Crown which requires t he paymen t of royalty on t imber . B u t such royal ty shall no t be payable on t imber e x e m p t e d theref rom by the t e rms of the license or by t he regula t ions , or on t imber on such holdings required for the use of t h e holder on his land, and a l lowance may be made for
any t imber which is not ma rke t ab l e .
( 2 ) Such royal ty shall be calculated on the log measu remen t
of the t imber , or as prescribed, or, if so directed by or under ins t ruc tions from the director of forests, on the gross ou tpu t of a saw-mill :
Provided
Provided t h a t a rebate , to be ascer ta ined in t h e m a n n e r prescribed, shall , on appl icat ion, be allowed from such gross ou tpu t in respect of t imbe r not liable to royal ty .
(3) Roya l ty shall be paid a t t h e t ime and in t he m a n n e r ]
prescr ibed to t he director of forests or t he person appointed by h im in
that behalf.
I n t he case of royal ty on log-measurement , the person felling
the t imber or the person (if any) employing h im or receiv ing the t imber
shall be liable for such paymen t .
I n the case of royal ty on the ou tpu t of a saw-mil l , the licensee
of the saw-mil l or the person in charge of t h e same shall be liable
for such paymen t .
(4) The Minis ter may establish or approve of t he establish m e n t of depots where logs, piles, girders , sleepers, and hewn or o ther t imbers may be measured for t he purpose of de te rmin ing t he a m o u n t
of roya l ty payable in respect thereof.
1 9 . Roya l t y shall be paid on all products t aken on any S ta te forest, t imber reserve, or Crown land, no t be ing exempted from royal ty by t h e t e rms of t h e license or by th is A c t or t he
regu la t ions , a t t he ra tes a t t he t ime and in t h e m a n n e r prescribed to the di rec tor of forests or any person appointed by h im in t h a t behalf ; and the holder of t h e license or t he person (if any) employ ing him
shall be l iable for such payment .
Permits.
2 0 . (1) The following permi ts m a y be g ran ted to any person
who is the holder of any license or of any exclusive r igh t under
| this | A c t : — | |
|
are used by h im in t he exercise of his license or r igh t , and
for a period not exceeding t h a t ment ioned in t h e permi t .
(b) A pe rmi t to occupy for any period no t exceeding t h a t the re in specified any land specified in such pe rmi t as t h e site of any
saw-mill or other bui ld ing or a n y t r a m w a y , wharf, or t imbe r dep6t to be used for or in connect ion wi th t he exercise of his license or r ight , or for charcoa l -burn ing , conver t ing products ,
or other similar purpose, or to fence and cu l t iva te for the
purpose of growing fodder for the m a i n t e n a n c e of horses and
ca t t le used in t he exercise of such r ight . ( 2 ) A n y such pe rmi t shall cease to have effect if t he said
person ceases to be the holder of t he license or r igh t or ceases to
| exercise his powers | the reunde r . |
(3) A n y such permi t may be g ran ted over land wi th in a State forest or t imber reserve, or, wi th t he concurrence of the Secretary for Lands , over any Crown land other t h a n land held unde r a condit ional lease and not reserved from sale, or held as a condit ional
| purchase lease. | Such |
Such permi t shall not w i thd raw the land to which i t applies
from any lease or license u n d e r t he Crown L a n d s or W e s t e r n L a n d s Ac t s . The g r a n t of such permi t a n d the exercise of t he powers
conferred the reby shall no t ent i t le t h e lessee or l icensee to any
compensa t ion o the r t h a n as here inaf ter provided. (4) The holder of every such permi t shal l pay r e n t or fees to t he Crown a t a r a t e to be de te rmined by the Minis ter , or as prescribed. W h e r e a n y of t h e land is unde r lease or license as aforesaid, the said holder shall , in addi t ion, pay compensat ion to t he lessee or licensee as follows :—
(a)
W h e r e the pe rmi t is g ran ted unde r pa rag raph (a) of subsection one of this section, t he compensat ion shal l be such ag i s tmen t fees as m a y be assessed by an officer of t he Forestry Depar t m e n t au thor ised by the Minis ter , subject to a r igh t of appeal from such assessment to the Minis ter .
(b)
W h e r e t he pe rmi t is g ran ted unde r pa rag raph (b) of t he said
subsection t he a m o u n t of t he compensat ion shal l be
de te rmined by t h e Minis ter .
(5) Such pe rmi t s m a y be g ran ted by the Minis te r or some
person author ised by h im in t ha t behalf, and in t he m a n n e r a n d subject to the condit ions prescribed.
(0) L a n d included in a pe rmi t g ran ted under pa rag raph (b)
of subsect ion one of this section shall not be avai lable for sale du r ing
t h e cur rency of the permi t . Ringbarking.
2 1 . (1) No trees on any Sta te forest, t imber reserve, or Crown
lands , wi th t he except ion of lands held u n d e r condit ional lease g ran ted before t he passing of this Act , shal l be r ingbarked e x c e p t —
(a) in pu r suance of a pe rmi t to r i ngba rk gran ted unde r th is A c t ; or
(b) in pursuance of a permit to ringbark granted before and in
force a t t he c o m m e n c e m e n t of th is A c t ; or (c)
in pursuance of an authority to ringbark contained in a Crown lease g ran ted before and in force a t such commence
m e n t ; or (d)
in pursuance of conditions or provisions inserted with the concurrence of t he Min is te r unde r th is Act in a Crown lease g ran ted after such commencement .
( 2 ) P e r m i t s to r ingbark may be gran ted by the Minis ter ,
or by some person author ised by h im in t h a t behalf, in respect of s u c h land for such period as m a y be t h o u g h t fit, and shall be subject to such condit ions as m a y b e prescribed, or as may be conta ined in t he pe rmi t .
( 3 )
(3) Any person who r ingbarks any tree in contravent ion of th is section, or knowing ly causes or suffers the same to be done, shal l be liable to a pena l ty not exceeding ten shillings in respect of every t ree so r ingbarked.
Hights of lessees and licensees under Crown Lands Acts, 2 2 . (1) I n section n ine ty-e ight of the Crown Lands Ac t of 1884,
unless the con tex t otherwise indicates, the word " m a t e r i a l " shall include t imber and products ; and the expressions " authorised p e r s o n s " and " persons du ly a u t h o r i s e d " shall inc lude persons author ised by licenses g ran ted under this Act .
(2) Subsection ( i n ) of t he said section is amended by the addit ion thereto , before the proviso, of t h e words " a n d where any land subject to any such lease or l icense is enclosed, the lessee, licensee, or occupier of t he laud shall provide reasonable means of access thereto , for any of t he said purposes, to the satisfaction of the Secretary for Lands , by gates or o therwise ."
P A R T I V .
G E N E R A L AND S U P P L E M E N T A L .
General provisions.
2 3 . Licenses, exclusive r ights , and permi ts under this Act shall
no t be t ransferable except wi th t he consent in wr i t ing of the Minis ter or of some person authorised by h i m in t h a t behalf, and if t ransferred w i t h o u t such consent , shall confer no r igh ts on the holder thereof.
2 4 . The Minis te r shall , whe re pract icable , impose conditions
for afforestation and reafforestation in all exclusive 1 r igh ts or licenses.
2 5 . If the Minis ter is of opinion t h a t the holder of a r ight ,
l icense, or pe rmi t under this A c t has contravened or failed to comply w i t h any provision or condit ion contained therein , or in this Act or t he regula t ions , or that, such r ight , license, or permi t is not held or used bona fide for the purpose! for which it was granted, he may suspend the operat ion of the; r ight , license, or permit , and may , after affording such holder an oppor tun i ty to be heard, cancel t he same, and such license or permit shall the reupon , or at such future t ime as the Minis te r may fix, be cancelled and de termined.
26 . A n y m e m b e r of the police force or person authorised by
the Minis ter by wr i t ing unde r his hand to act unde r this section may
| impound | any | animals , as defined | in t he | I m p o u n d i n g | Act , | 1898, |
C t respass ing trespassing on any land included in a State forest or a timber reserve under this Act, or in a timber reserve notified before the commencement
of this Act.
For the purpose of carrying out the provision aforesaid, every
member of the police force and person authorised as aforesaid shall have the same powers as if he were an occupant within the meaning
of the Impounding Act, 1898, and the said animals were trespassing
on his land.
Supplemental.
27. Any person authorised by the Minister by writing under his hand to act under this section may, on producing his authority as aforesaid, enter any land and inspect any timber and products
thereon or therein.
Whosoever obstructs any such person in the exercise of any
power hereby conferred shall be liable to a penalty not exceeding ten
pounds.
28. All fees, royalties, and rents imposed by or under this Act
or the regulations may be recovered by the Minister, or any person
authorised by him, in any court of competent jurisdiction as a debtdue to His Majesty.
Regulations.
29. (1) The Governor may make regulations generally for
carrying out the provisions of this Act, and in particular—
(a) regulating the manner of applying for, and granting, and the forms, of rights, licenses, and permits under this A c t ; and
prescribing the fees, charges, rents, and royalties, payable in
respect of or under the same ;(b) prescribing the periods for which and the conditions under which such rights, licenses, and permits may be granted, and the powers thereby conferred may be exercised; (c)
regulating the exercise of the powers conferred by any right, license, or permit and any matters incidental thereto, including the protection and preservation of timber and other growth, and regulating the cutting, marking, and removing
of t imber; (d)
regulating the inspection, branding, marking, and certifica tion of timber and products, and the fees to be charged for the same ; and providing penalties for falsely applying or counterfeiting the prescribed brands, marks, and certificates ;
(e)
regulating and controlling the storing on any public wharf, road, depot, or place of any timber subject to inspection or to payment of royalty ;
(f)
(f)
p roh ib i t ing the m a k i n g of any i n s t r u m e n t which migh t be used for counterfe i t ing the brands or m a r k s placed on t imber by officers of the Fores t ry Depar tment ;
(g)
prohibiting any person from having in his possession, disposing of, or using any in s t rumen t used by any such officer for
placing brands or m a r k s on t i m b e r ; (h)
prescribing the kinds, sizes, and quantities of timber or products which m a y be cut or removed ; and prohib i t ing the removal of t imber unless branded or marked as pre scribed ;
(i) prescr ibing the books and records to be kep t and the re turns
to be made by owners or lessees of saw-mills, and by persons
t a k i n g delivery of t i m b e r ;
(j) providing for the m a k i n g of declarat ions or s t a t ements as to the quan t i ty and description of t imber and produc ts obtained, removed, hewn, sawn, or otherwise t rea ted , or t ranspor ted or consigned by road, rail , or water , and pre scribing the t ime wi th in which such declarat ions or s t a tements
shall be made ; and imposing penalties for m a k i n g u n t r u e declarat ions or s ta tements ;
(k) prescribing the conditions under which fires may or may not be l ighted or used in State fores ts ; (1) providing for the organizat ion of a system of education in scientific forestry.
A n d may in such regulat ions impose a penal ty not exceeding
twenty pounds for any breach of t he same or any contravent ion or
failure to comply wi th any provision or condit ion conta ined in any
| r igh t , l icense, or permi t g ran ted in pu r suance of | this Act . |
( 2 ) The Governor, by proclamat ion in the Gazet te , may
declare t ha t t he ca tchment area of any publ ic works there in ment ioned, constructed, or proposed to be const ructed for the conservat ion or storage of water, shall be subject to regulat ions made as hereinafter provided.
(3) The Governor may m a k e regula t ions applicable wi th in
each such area to any Crown lands , or to any lands which, after the commencement of this Act, may be sold or leased under the Crown Lands Acts or the Closer Se t t l emen t Acts , or under the Wes t e rn
| Lands | A c t s — |
(a)
providing for the preservation of vegetation near to any channels or any watercourses, whe the r flowing in defined channels or n o t ;
(b) providing for the replanting of vegetation in place of any
vegetat ion unlawfully des t royed ; (e) imposing any penalty not exceeding five pounds per acre for
any such vegeta t ion un lawfu l ly destroyed.
3 0 . All regula t ions so m a d e sha l l— (i) be publ ished in the Gazette ;
(ii) take effect from the date of publication, or from a later date
to be specified in such r egu la t i ons ; and (iii) be laid before both Houses of Parliament within seven days
after publ icat ion if Pa r l i amen t is in session, and, if not , t h e n wi th in fourteen days after t he commencemen t of t he n e x t
session. B u t if e i ther H o u s e of P a r l i a m e n t passes a resolu
t ion at any t ime wi th in fifteen s i t t ing days after such regula t ions have been laid before such H o u s e disal lowing any regula t ion , such regula t ion shall the reupon cease to have effect.'
Penalties and forfeitures.
3 1 . A n y person who, except in pu r suance of a r ight , license,
or pe rmi t under th i s Ac t , or any lease, license, or au thor i ty from t h e Crown, lawful ly in force, on any land included in a Sta te forest or t imber reserve, or on any Crown l and—
(a) cuts, strips, obtains, removes, destroys, or damages any
t i m b e r ; or (b)
digs for, extracts, obtains, removes, destroys, or damages any p r o d u c t s ;
(c)
grazes any horses, cat t le , or sheep, or other a n i m a l s ; (d) occupies any such land ; or
(e) causes any of t he th ings aforesaid to be d o n e ;
shall be l iable to a pena l ty not exceeding twen ty pounds, and in addit ion shal l be liable for any loss or damage caused by the offence. Such loss or damage may he awarded by the court impos ing the
penal ty , and m a y be recovered in t he same m a n n e r as t h e pena l ty . 3 2 . (1) A n y member of the police force or person author ised
by the Minis te r by wr i t ing u n d e r bis hand to act t inder th is sec t ion—
(a)
may stop and detain any timber or products within the boundar ies of a State forest, a t imber reserve, or upon any Crown land, or on any publ ic h ighway wi th in or adjoining
the s a m e ; (b)
if he has reason to believe that any timber or products have been cut , removed, or o therwise deal t wi th con t ra ry to t he provisions of th is Ac t or the regula t ions , or have been abandoned , may enter any land and seize such t imber and produc ts , and place a dis t inct ive m a r k t h e r e o n ; and such t imber and produc ts , shall t he reupon become and r ema in t h e proper ty of the Crown u n t i l o therwise ordered by a cour t of petty sessions.
(2)
( 2 ) where t imber or products are seized as aforesaid—
(a) t he person m a k i n g the seizure shal l inform t h e person in possession of, or owning, or reasonably believed to own t h e t imber or products of the fact of the seizure, or if such person is not known to h im shall affix a notice of t he seizure on such t imber or products , and also at t he neares t cour t of
pe t ty sessions;
(b)
after such seizure p r o m p t measures shall be t aken to prosecute the person who is suspected of cu t t ing , removing , or otherwise deal ing with the t imber or products cont rary to t he
provisions of th i s A c t ; (c)
if any person is convicted of the offence aforesaid, or if, in the case of a not ice affixed as aforesaid, no one, wi th in fourteen days after t he fixing of such notice, c laims to be owner of t he t imber or products , a cour t of pe t t y sessions may order t h a t the same be forfeited to the Crown, or may m a k e such order ves t ing t he same in any person as m a y be t h o u g h t jus t .
(3) A n y t imber or products forfeited in pur suance of this
A c t may be sold or otherwise disposed of as t he Min is te r may direct,and the proceeds of any such sale shall be paid in to the Treasury and
carr ied to t h e Consolidated Revenue F u n d . 3 3 . (1) Whosoever—
(a) offers violence to or assaults , th rea tens , or a t t e m p t s to in t imida te any officer of t he Fores t ry D e p a r t m e n t while such officer is ac t ing in the exercise of his powers or the d ischarge of his dut ies under this Ac t or t he regula t ions ; or
(b)
gives or agrees to give or offers to any such officer any gift or consideration as an inducemen t or reward for any act done or to be done or any forbearance observed or to be observed or any favour shown or to be shown by any such officer in or in relat ion to the exercise of such powers or the discharge of such dut ies as aforesaid,
shall be liable to a pena l ty not exceeding fifty pounds .
( 2 ) A gift or consideration shall be deemed to be given as
an i n d u c e m e n t or reward if t he receipt or any expecta t ion thereof would be in any way likely to influence the officer to do or leave
u n d o n e someth ing con t ra ry to his du ty .
3 4 . Penal t ies and forfeitures unde r this Ac t or t he regula t ions
m a y be sued for, imposed, enforced, and recovered in a s u m m a r y way before a s t ipendiary or police magis t ra te , or any two jus t ices in pet ty sessions.
SCHEDULE.
S C H E D U L E .
No. of Act . Ti t le . E x t e n t of repeal.
4 8 V i c . N o . 1 8 . . . C r o w n L a n d s A c t of 1 8 8 4 S e c t i o n s 9 3 , 9 4 , 9 5 , 1 1 2 , 1 1 3 , 1 1 1 , a n d
so m u c h of s e c t i o n s 1 1 5 , 116 , a n d 133 a s r e l a t e s t o t h e c u t t i n g a n d
r e m o v i n g of t i m b e r a n d p r o d u c t s , a n d t h e s t r i p p i n g of b a r k .
A c t N o . 22 , 1 9 0 2 T i m b e r L i c e n s e s A c t , 1 9 0 2 . . . T h e w h o l e .
A c t N o . 1 42, 1 9 0 5 C r o w n L a n d s A m e n d m e n t So m u c h of t h e S c h e d u l e a s a m e n d s
A c t of 1 9 0 5 . t h e p o r t i o n s of s e c t i o n 1 3 3 of t h e
C r o w n L a n d s A c t of 1 8 8 4 r e p e a l e d
a s a f o r e s a i d .
A c t N o . 30 , 1 9 0 8 C r o w n L a n d s ( A m e n d m e n t ) T h e w o r d s i n s e c t i o n 2 8 " i n a c c o r d a n c e
A c t , 1908 . w i t h t h e r e g u l a t i o n s f r a m e d u n d e r
s e c t i o n o n e h u n d r e d a n d f i f teen of t h e C r o w n L a n d s A c t of 1 8 8 4 , "
a n d so m u c h of t h e S c h e d u l e a s
a m e n d s s e c t i o n s 9 5 a n d 1 1 2 of t h e
C r o w n L a n d s A c t of 1 8 8 4 .
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