Forestry Act 1916 Forestry (Miscellaneous Amendments) Regulation 2001 (2001-950) [GG No 188 of 7.12.2001, p 9591] (NSW)

2001 No 950

Forestry (Miscellaneous Amendments) New South Wales

Regulation 2001

under the

Forestry Act 1916

Her 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 Forestry Regulation 1999 currently provides that the prescribed penalty for the offence of contravention of a condition or limitation of an authority, being an offence that is dealt with by way of a penalty notice, is $1,000.

The object of this Regulation is to provide instead for the following penalties for that offence:

(a)	$1,000 for contravention of a condition or limitation of an authority being a timber licence, contractor’s licence or operator’s licence,
(b)	$100 for contravention of a condition or limitation of any other authority.

The proposed Regulation also amends the Forestry Regulation 1999:

(a)	to increase, from $100 to $1,000, the prescribed penalty for the offences of approaching within 100 metres of a person operating timber harvesting or hauling equipment, or interfering with such equipment, in a forestry area, being offences that are dealt with by way of penalty notices, and
(a)	to enable the Forestry Commission to delegate its function of authorising a person to take small amounts of timber or other products from a State forest or Crown land to any officer or employee of a local council and to any employee or agent of Australia Post, and
Published in Gazette No 188 of 7 December 2001, page 9591	Page 1
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2001 No 950
Forestry (Miscellaneous Amendments) Regulation 2001
Explanatory note
(b)	to enable offences relating to camping in a forestry area to be dealt with by way of penalty notices.

This Regulation is made under the Forestry Act 1916, including sections 41 (the general power to make regulations) and 46A.

2001 No 950

Forestry (Miscellaneous Amendments) Regulation 2001	Clause 1
Forestry (Miscellaneous Amendments) Regulation 2001

1. Name of Regulation

   This Regulation is the Forestry (Miscellaneous Amendments)
   Regulation 2001.

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.

2001 No 950

Forestry (Miscellaneous Amendments) Regulation 2001

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 2)

1. Section 74 Prescribed matters

   Insert at the end of clause 74 (1) (b) (ii):

   , and

   (iii)       any officer or employee of a local council, and

   (iv)       any employee or agent of Australia Post.

2. Schedule 3 Penalty notices and short descriptions

Insert before the matter relating to clause 46 (4) of the Forestry
Regulation 1999 in Schedule 3, in Columns 1, 2, 3 and 4 respectively:

Clause 32 (3) (a)	8238	contravene	$100
prohibition/ condition in notice
Clause 32 (3) (b)	8239	contravene	$100
camping direction
Clause 33 (2)	8240	camp without	$100
paying camping charge

1. Schedule 3

Omit all the matter relating to clause 69 (1) (a) and (b) of the Forestry
Regulation 1999.

Insert instead:

Clause 69 (1) (a)	8244	approach person	$1,000
operating equipment
Clause 69 (1) (b)	9965	interfere with	$1,000
equipment

2001 No 950

Forestry (Miscellaneous Amendments) Regulation 2001

Amendments Schedule 1

1. Schedule 3

Omit all the matter relating to clause 73 of the Forestry Regulation 1999.
Insert instead:

Clause 73, in	6063	contravene	$1,000
relation to an	condition/
authority being a	limitation of
timber licence,	licence
contractor’s licence or operator’s licence
Clause 73, in	5596	contravene	$100
relation to an	condition/
authority other	limitation of
than a timber	authority
licence, contractor’s licence or operator’s licence

BY AUTHORITY