Forestry Act 1916 Forestry Amendment (Penalty Notices) Regulation 2000 (2000-184) [GG No 55 of 5.5.2000, p 3715] (NSW)

2000 No 184

Forestry Amendment (Penalty Notices) New South Wales

Regulation 2000

under the

Forestry Act 1916

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Forestry Act 1916.

KIM YEADON, M.P.,

Minister for Forestry

Explanatory note
The object of this Regulation is to amend the Forestry Regulation 1999:

(a)	to provide that the offence under clause 69 (1) (a) of that Regulation of approaching within 100 metres of any person operating timber harvesting or hauling equipment may be dealt with by way of penalty notice, and
(b)	to amend the schedule of penalty notice provisions (Schedule 3) to include the Infringement Processing Bureau Codes for each offence listed in the schedule.

This Regulation is made under the Forestry Act 1916, including section 41 (the general regulation-making power).

Published in Gazette No 55 of 5 May 2000, page 3715	Page 1
[12]
2000 No 184
Clause 1	Forestry Amendment (Penalty Notices) Regulation 2000

Forestry Amendment (Penalty Notices) Regulation
2000

1     Name of Regulation

This Regulation is the Forestry Amendment (Penalty Notices)
Regulation 2000.

2 Amendment of Forestry Regulation 1999

The Forestry Regulation 1999 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]     Clause 75 Prescribed penalty notice offences

Insert at the end of the clause:

(2) For the purposes of section 46A (2) (c) of the Act, the prescribed amount of penalty for an offence dealt with under section 46A of the Act is the amount specified in Column 4 of Schedule 3 in relation to that offence.

(3) If the reference to a provision in Column 1 of Schedule 3 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or only if it is committed in the circumstances so specified.

[2]     Clause 76

Omit the clause. Insert instead:

76     Short descriptions of offences

(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 3 is:

(a)

if one or more IPB codes are set out in relation to the offence in Column 2 of Schedule 3, any of those IPB codes together with:

(i)	the text set out in relation to the offence in Column 3 of Schedule 3, or
(ii)	if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or

(b)

if no IPB code is set out in relation to the offence in Column 2 of Schedule 3:

(i) the text set out in relation to the offence in Column 3 of Schedule 3, or

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Schedule 1 Amendments

(ii)        if a choice of words is indicated in that text, 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 3, the prescribed expression 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.
(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.

(5) In this clause:

Infringement Processing Bureau

means the Infringement to the offence by the Infringement Processing Bureau.

Processing Bureau within the Police Service.

[3]     Clause 77

Omit the clause.

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Amendments Schedule 1

[4]     Schedule 3

Omit the Schedule. Insert instead:

Schedule 3 Penalty notices and short descriptions (Clause 76)
Column 1	Column 2	Column 3	Column 4
Offence	IPB code	Short description text	Penalty $
Forestry Act 1916
Section 27 (1) (a) (i)	4863,	cut/strip/obtain/remove/	100
4864,	destroy/damage timber
4865, 4866
Section 27 (1) (a) (ii)	4867,	dig for/extract/obtain/	100
4868, 4869	remove/destroy/damage products
Section 27 (1) (a) (iii)	4870,	cause/knowingly suffer	100
in relation to timber	4871,	timber to be cut/stripped/
on Crown-timber	4872, 4873	obtained/removed/
lands	destroyed/damaged
Section 27 (1) (a) (iii)	4874,	cause/knowingly suffer	100
in relation to products	4875, 4876	products to be dug/
on Crown-timber	extracted/obtained/
lands	removed/ destroyed/damaged
Section 27 (1) (b) in	4877,	dig for/extract/obtain/	100
relation to forest	4879,	remove/destroy/damage
materials on State	4881, 4883	forest materials on State
forest	forest
Section 27 (1) (b) in	4878,	quarry/dig for/extract/	100
relation to forest	4880,	obtain/remove/destroy/
materials on a flora	4882, 4884	damage forest materials on
reserve	flora reserve
Section 29 (1)	4885	work mill without	100
authority or permission

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4
Offence	IPB code	Short description text	Penalty $
Section 29 (2)	4886, 4887	contravene sawmill	100
licence/ permission to work mill
Section 32 (1)	4888,	graze/water animals	100
4889, 4890	without authority within State forest/timber reserve/flora reserve
Section 32 (2)	4891,	occupy/use land without	100
4892,	authority within State
4893,	forest/timber reserve/flora
4894,	reserve
4895, 4896
Section 32C (2) (a)	4897,	possess/discharge firearm	100
4898,	in State forest/timber
4899,	reserve/flora reserve
4900, 4901, 4902
Section 32C (2) (b)	9925	possess/place/use net/trap/	100
snare/hunting device/ poison/explosive in State forest/timber reserve/flora reserve
Section 32C (2) (c)	9926	discharge firearm into	100
State forest/timber reserve/flora reserve
Section 32C (2) (d)	9927	take/kill/hunt/shoot/poison/	100
net/snare/spear/capture/ lure/injure bird/animal in State forest/timber reserve/ flora reserve
Section 32C (2) (e) in	9928	cause/knowingly suffer	100
relation to the	possession/discharge of
possession or	firearm in State forest/
discharge of a firearm	timber reserve/flora reserve

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4
Offence	IPB code	Short description text	Penalty $
Section 32C (2) (e) in	9929	cause/knowingly suffer	100
relation to the	possession/placing/using
possession,	net/trap/snare/hunting
placement or use of a	device/poison/explosive in
net, trap, snare,	State forest/timber
hunting device,	reserve/flora reserve
poison or explosive
Section 32C (2) (e) in	9930	cause/knowingly suffer	100
relation to the	discharge of firearm into
discharge of a firearm	State forest/timber
into a State forest,	reserve/flora reserve
timber reserve or flora reserve
Section 32C (2) (e) in	9931	cause/knowingly suffer	100
relation to the taking,	taking/killing/hunting/
killing, hunting,	shooting/poisoning/netting/
shooting, poisoning,	snaring/spearing/capturing/
netting, snaring,	luring/injury of
spearing, capturing,	bird/animal in State
luring or injuring a	forest/timber reserve/flora
bird or animal	reserve
Section 32D (3) in	9932	Fail to deliver firearm/net/
relation to failing to	trap/snare/hunting device/
deliver up firearm,	poison/explosive/bird/
net, trap, snare,	animal
hunting device, poison, explosive, bird or animal to a member of the police force or an authorised person

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4
Offence	IPB code	Short description text	Penalty $
Section 32D (3) in	9933	Obstruct/hinder/prevent/int
relation to	erfere with member of
obstructing,	police force/authorised
hindering, preventing	person in exercise of duty
or interfering with a member of the police force or an authorised person
Section 32G (1)	9934	Engage in/conduct	100
prescribed activity in State forest/timber reserve/flora reserve
Section 38 (2)	9935	Obstruct authorised person in exercise of power
Section 38A (4) (a)	9936	Fail/refuse to comply with	100
requirement
Section 38A (4) (b)	9937	Provide false	100
name/address
Section 38B (3) (a)	9938	Fail/refuse to comply with	100
requirement
Section 38B (3) (b)	9939	Provide false/misleading	100
information
Section 43 (1A)	9940	Fail to comply with direction of/obstruct/ hinder/prevent/interfere
with member of police force/authorised person
Section 44 (1) (a)	9941	Violence towards/assault/ threaten/intimidate officer/ other person
Section 44 (1) (b)	9942	Give/offer inducement/ reward to officer/other person

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4
Offence	IPB code	Short description text	Penalty $
Section 45	9943	Make false entry/return	100

Forestry Regulation 1999

Clause 11 (2)	4903	fail to comply with	100
request of officer to leave area/part of area
Clause 13 (4) (a)	4904	enter forestry area	100
contrary to notice
Clause 13 (4) (b)	4905	drive vehicle into forestry	100
area contrary to notice
Clause 13 (4) (c)	4906	drive machine into	100
forestry area contrary to notice
Clause 13 (4) (d)	4907	remain in/drive/use	100
vehicle/machine in forestry area contrary to notice
Clause 13 (6)	4908	exceed speed limit in	100
forestry area
Clause 14 (3)	4909	enter/remain in exclusive	100
use area
Clause 15 (3)	4911	fail to comply with	100
request of officer to leave dangerous area
Clause 16 (1) (a)	4912	damage/interfere with/	100
destroys vegetation
Clause 16 (1) (b)	4913	obstruct/damage/interfere	100
with way/drainage structure
Clause 16 (1) (c)	4914	damage/obstruct/interfere	100
with drainage feature

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4
Offence	IPB code	Short description text	Penalty $
Clause 16 (1) (d)	4915	interfere with material not	100
part of way
Clause 16 (1) (e)	4916	erect fence/obstruction	100
Clause 16 (1) (f)	4917	obstruct/interfere with	100
flow of water in watercourse
Clause 16 (1) (g)	9945	cause damage to/deface/	100
interfere with/destroy/ remove standard/sign/ notice/barrier/device
Clause 16 (1) (h)	9946	cause damage to/deface/	100
destroy building/ enclosure/dam/ structure/ plant/equipment
Clause 18 (1)	9947	Light/maintain/use fire	100
Clause 19 (1)	9948	Light/maintain/use fire for	100
processing
Clause 20	9949	Light/maintain/use fire to	100
destroy waste
Clause 21 (1)	9950	Light/maintain/use fire for	100
clearing
Clause 22	9951	Leave lit matter in forestry	100
area
Clause 23	9952	Light maintain/use	100
unauthorised fire
Clause 24 (1)	9953	Drive/use machine	100
Clause 25 (1)	7572	Store fuel in forestry area	100
Clause 26	7574	Refuel machine near	100
flammable vegetation

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4
Offence	IPB code	Short description text	Penalty $
Clause 27 (2)	9954	Fail to comply with	100
direction of officer
Clause 28 (2)	9955	Fail to comply with fire	100
prevention requirements
Clause 29 (2) (a) and	9956	Not comply with direction	100
clause 23	to stop activity
Clause 29 (2) (b) and	9957	Resume prohibited	100
clause 23	activity
Clause 30 (1) and	9958	Leave site of fire	100
clause 30 (5)
Clause 30 (3) and	9959	Not take steps to	100
clause 30 (5)	extinguish fire
Clause 30 (4) and	9960	Not take measures to	100
clause 30 (5)	extinguish fire
Clause 31 (1) (a) and	9961	Not take steps to prevent	100
clause 31 (2)	damage by fire
Clause 31 (1) (b) and	9962	Not report outbreak of fire	100
clause 31 (2)
Clause 31 (1) (c) and	9963	Not attempt to extinguish	100
clause 31 (2)	fire/prevent spread of fire
Clause 46 (4)	9964	timber licensee/products	100
licensee/forest materials licensee/party to sale agreement/party to merchandising agreement employ person without licence
Clause 68 (2)	4910	not comply with direction	100
relating to timber/ products/forest materials

2000 No 184

Forestry Amendment (Penalty Notices) Regulation 2000

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4
Offence	IPB code	Short description text	Penalty $
Clause 69 (1) (a)	8244	approach person operating	100
equipment
Clause 69 (1) (b)	9965	interfere with equipment	100
Clause 70 (4) (a)	9966	not comply with	100
requirement/request to provide statement/ declaration
Clause 70 (4) (b)	9967	knowingly make false/	100
misleading statement in relation to requirement/ request
Clause 73	6063	contravene condition/	1,000
limitation of authority

BY AUTHORITY