Forestry (Amendment) Act 1978 (NSW)
F O R E S T R Y ( A M E N D M E N T ) A C T , 1978 , N o . 101 ANNO VICESIMO SEPTTMO
ELIZABETHE II REGINS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Act N o . 1 0 1 , 1978 .
An Act to amend the Forestry Act, 1916, and the Forestry, Conservation Authority of New South Wales and Other Acts (Amendment) Act, 1972. [Assented to, 20th December, 1978.]
See also Local Government (Forestry) Amendment Act , 1978.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. This Act may be cited as the "Forestry (Amendment)
Act, 1978".
2. (1 ) Except as provided in subsections ( 2 ) , (3) and
( 4 ) , this Act shall commence on the date of assent to this
Act.
(2 ) Section 4 shall, in its application to a provision of Schedules 1-8, commence on the day on which that provision commences.
(3) Section 5, Schedule 1, Schedule 2 (3) ( e ) , ( f ) ,
| ( j ) - ( l ) , | ( 4 ) , (5) | ( a ) , Schedule | 4, Schedule | 5, Schedule |
| 6 | ( 1 ) , ( 3 ) , (4) and Schedule | 7 ( 1 ) , ( 2 ) , (5) | ( a ) , | ( b ) , |
( 7 ) , (9) ( b ) - ( e ) , (g) and ( 1 4 ) - ( 1 6 ) shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(4 ) Section 6 shall be deemed to have commenced on
1st February, 1973.
3. This Act contains the following Schedules :—
SCHEDULE 1 . — A M E N D M E N T S TO SECTIONS 2 AND 4 OF THE FORESTRY A C T , 1916.
SCHEDULE 2 . — A M E N D M E N T S TO PART I OF THE
FORESTRY A C T , 1916.
SCHEDULE 3 . — A M E N D M E N T S TO PART I I OF THE
FORESTRY A C T , 1916.
SCHEDULE 4 . — A M E N D M E N T S TO PART I IA OF THE
FORESTRY A C T , 1916.
S C H E D U L E 5 . — A M E N D M E N T S TO PART III OF THE
FORESTRY A C T , 1 9 1 6 .
S C H E D U L E 6 . — A M E N D M E N T S TO PART IV OF THE
FORESTRY A C T , 1 9 1 6 .
S C H E D U L E 7 . — A M E N D M E N T S TO PART V OF THE
FORESTRY A C T , 1 9 1 6 .
S C H E D U L E 8 . — A M E N D M E N T S TO THE FORESTRY A C T , 1 9 1 6 , BY WAY OF STATUTE L A W REVISION.
4. The Forestry Act, 1 9 1 6 , is amended in the manner set
forth in Schedules 1 - 8 .
5. ( 1 ) In this section, a reference to a section of the
Forestry Act, 1 9 1 6 , is a reference to a section of the Forestry
Act, 1 9 1 6 , as amended by this Act.
(2) A licence granted under a provision of the
Forestry Act, 1 9 1 6 , repealed by this Act, being a licence inforce immediately before the date of repeal, shall be deemed
to b e —
(a)
where the licence confers authority with respect to the taking of timber—a timber licence under section 27A;
(b)
where the licence confers authority with respect to the taking of products—a products licence under section 27B;
(c)
where the licence confers authority with respect to the taking of forest materials—a forest materials licence under section 27c ; or
(d)
where the licence confers authority with respect to the ringbarking or other killing or destruction of trees—a clearing licence under section 27G.
(3) A permit granted under a provision of the Forestry Act, 1916, repealed by this Act, being a permit in force immediately before the date of repeal shall be deemed to be—
(a) where the permit confers authority to graze and water animals—a grazing permit under section 31
( 1 ) ; or (b) where the permit confers authority to occupy land —an occupation permit under section 31 ( 1 A ) .
The Forestry, Conservation Authority of New South Wales and Other Acts (Amendment) Act, 1972, is amended by inserting in section 5 (y) (v) after the words " "such timber and products" " the words "where secondly occurring".
6.
SCHEDULE 1.
| A M E N D M E N T S TO SECTIONS 2 AND 4 OF THE FORESTRY | A C T , |
1916.
(1) Section 2 —
Omit the matter relating to Part I I I , insert instead :—
PART I I I .—PROVISIONS RELATING TO THE TAKING
OF T I M B E R , PRODUCTS AND FOREST MATERIALS.
DIVISION 1.—Unlawful Taking of Timber, Products and Forest Materials.
DIVISION 2.—Licences.
DIVISION 3.—Payment of Royalty. DIVISION 4.—Taking of Small Quantities from
Certain Lands. SCHEDULE 1—continued.
A M E N D M E N T S TO SECTIONS 2 AND 4 OF THE FORESTRY A C T ,
1916—cont inued.
( 2 ) (a ) Section 4 , definition of "Clearing licence"—
Before the definition of "Crown lands", insert :—
"Clearing licence" means a licence issued
under section 27G which is in force.
(b) Section 4, definition of "Forest lease"— After the definition of "Flora reserve", insert :— "Forest lease" means a lease granted under section 33 ( 1 ) which is in force.
(c)
Section 4, definitions of "Forest materials licence", "Holder"—
After the definition of "Forest materials", insert :—
"Forest materials licence" means a licence issued under section 27c which is in force.
"Holder", in relation to a clearing licence, includes, except in section 27G, a succes sor in title to the land in respect of which the clearing licence is issued.
(d)
Section 4, definitions of "Licence", "Motor cycle", "Motor vehicle"—
After the definition of "Lease", insert :—
"Licence" means a licence issued by the com mission under this Act.
"Motor cycle" means any motor vehicle which
has 2 wheels or, where a sidecar or
sidebox is attached thereto, has 3 wheels.
SCHEDULE 1—continued.
| A M E N D M E N T S TO SECTIONS 2 AND 4 | OF THE FORESTRY A C T , |
1916—cont inued.
"Motor vehicle" means a motor car, motor carriage, motor cycle or other apparatus propelled on land, snow or ice wholly or partly by volatile spirit, steam, gas, oil or electricity.
(e) Section 4, definition of "Products licence"—
After the definition of "Products", insert :—
"Products licence" means a licence issued
under section 27B which is in force.
(f) Section 4, definition of "Timber licence"—
After the definition of "Timber", insert : —
"Timber licence" means a licence issued under
section 27A which is in force.
SCHEDULE 2.
A M E N D M E N T S TO PART I OF THE FORESTRY A C T , 1 9 1 6 .
| ( 1 ) | (a) Section 5 ( 1 ) — |
Omit "a term of seven years from the date of his appointment", insert instead "such term, not exceeding 7 years, as is specified in the instru ment of his appointment".
(b) Section 5 ( 3 ) —
Omit "a term not exceeding seven years", insert instead "such term, not exceeding 7 years, as is specified in the instrument of his appointment".
SCHEDULE 2—continued.
A M E N D M E N T S TO PART I OF THE FORESTRY A C T , 1 9 1 6 — continued.
(c) Section 5 ( 6 ) —
Omit the subsection.
( 2 ) (a) Section 10A ( 1 ) ( a ) — Omit "or".
(b) Section 10A ( 1 ) ( b ) , ( c ) , ( d ) — Omit section 10A ( 1 ) ( b ) , insert instead :—
(b)
to the secretary or any other officer of the commission or an officer of a specified class or description of officers of the com mission;
(c)
to a person appointed under section 10 or a member of a specified class or descrip tion of persons so appointed; or
(d)
to any prescribed person or a member of a prescribed class or description of persons,
(c) Section 10A ( 1 ) — After "under this", insert "or any other". (d) Section 10A C D -
After "delegation" where secondly occurring, insert ", and may, by such an instrument, revoke wholly or in part any such delegation".
SCHEDULE 2—continued.
A M E N D M E N T S TO PART I OF THE FORESTRY A C T , 1 9 1 6 —continued.
(e) Section 10A ( 6 ) —
After section 10A ( 5 ) , insert : —
An instrument purporting to be signed by a delegate of the commission in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the com mission under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the commission under this section.
( 6 )
| ( 3 ) | (a) Section 1 1 ( 1 ) ( d 1 ) — |
After section 1 1 ( 1 ) ( d ) , insert :—
(d1) may, in respect of timber taken by the commission or any other person on Crown-timber lands, control the utilisa tion, 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;
(b) Section 1 1 ( 1 ) ( k ) — After "timber", insert ", whether or not the timber is incorporated in any structure".
(c) Section 1 1 ( 1 ) ( k 1 ) —
After section 1 1 ( 1 ) ( k ) , inse r t :— (k1) may provide a service for the testing of timber and articles and commodities associated with the use of timber;
SCHEDULE 2—continued.
A M E N D M E N T S TO PART I OF THE FORESTRY A C T , 1 9 1 6
—continued.
(d) Section ( 1 1 ) ( 1 ) ( 1 ) — Omit "or".
(e) Section 1 1 ( 1 ) (m) (ii) —
Omit "licenses under section 2 6 " , insert instead "timber licences or products licences or timber licences and products licences".
(f) Section 1 1 ( 1 ) (m) (ii) —
After "timber or products", insert "or timber and products".
(g) Section 1 1 ( 1 ) (m) (iv) —
After "incidental to", insert "the attainment of its objects or".
(h) Section 1 1 ( 1 ) (m) (iv) —
Omit "Act.", insert instead "Act; or".
(i) Section 1 1 ( 1 ) ( n ) —
After section 1 1 (1) ( m ) , insert: —
(n) may determine, from time to time, any activity carried out by the commis sion under this section and, if so, the amounts of those fees and the persons by whom those fees shall be paid. whether fees shall be charged in respect of (j) Section 11 (4) —
Omit "a license issued under this Act", insert instead "a timber licence, products licence or forest materials licence".
SCHEDULE 2—continued.
A M E N D M E N T S TO PART I OF THE FORESTRY A C T , 1 9 1 6 —continued.
(k) Section 1 1 ( 4 ) —
Omit "timber and products or forest materials", insert instead "timber, products or forest materials".
( 1 ) Section 1 1 ( 4 ) — Omit "license" where secondly and thirdly occurring, insert instead "licence".
| ( 4 ) | Section 1 2 ( 3 ) — |
Omit "a license issued under this Act and such part of any amounts referred to in paragraph (a) of sub section ( 4 ) of section 3 0 " , insert instead "a timber licence, products licence or forest materials licence and such part of any amounts referred to in section
3 0 G (a) and in section 3 0 E as applied by section 3OH
( 2 ) " .
| ( 5 ) | (a) Section 1 3 ( 2 ) — |
Omit "royalties, licenses,", insert instead "its proportion of royalties or amounts recovered by
or paid to it under section 3 0 H , 3 0 I , 4 6 A or 4 8 , from licences,".
(b) Section 1 3 ( 2 ) —
After "timber" where firstly occurring, insert
"and products".
(c) Section 1 3 ( 3 ) —
Omit " $ 2 5 , 0 0 0 " , insert instead " $ 5 0 , 0 0 0 " . SCHEDULE 2—continued.
A M E N D M E N T S TO PART I OF THE FORESTRY A C T , 1 9 1 6 —continued.
( 6 ) Section 1 4 ( 2 ) — Omit "Any clerk or other person having the custody of any such books who does not on demand permit any person authorised as aforesaid to examine the said books and take copies or extracts therefrom shall be liable to a penalty not exceeding ten dollars.".
SCHEDULE 3.
A M E N D M E N T S TO PART I I OF THE FORESTRY A C T , 1 9 1 6 .
( 1 ) Section 2 0 — Omit "or license".
(2 ) (a) Section 25 C D -
After "vested in the Minister,", insert "or, with the approval of the Minister, in the commission,".
(b) Section 25 C D - After "who", insert "or which".
SCHEDULE 4.
| A M E N D M E N T S | TO PART | I IA OF THE FORESTRY A C T , | 1 9 1 6 . |
| ( 1 ) | (a ) | Section 2 5 F ( 1 ) — |
Omit "a license is issued under this Act", insert instead "a timber licence or products licence is issued".
(b) Section 2 5 F ( 1 ) —
Omit "that license", insert instead "the licence".
(c) Section 2 5 F ( 1 ) — Omit "timber and products" wherever occurring, insert instead "timber or products".
(d) Section 2 5 F ( 3 ) — Omit "a license issued under this Act", insert instead "a timber licence or products licence".
(e) Section 2 5 F ( 4 ) — Omit "a license issued under this Act", insert instead "a timber licence or products licence".
(f) Section 2 5 F ( 4 ) — Omit "timber and products" wherever occurring,
insert instead "timber or products".
(g) Section 2 5 F ( 4 ) — Omit "license" where secondly and thirdly occurring, insert instead "licence".
(2) Section 25G ( 2 ) —
Omit "a license issued under this Act", insert instead
"a timber licence or products licence".SCHEDULE 4—continued.
A M E N D M E N T S TO PART I IA OF THE FORESTRY A C T , 1916—cont inued.
(3) (a ) Section 2 5 H —
Omit "a license under this Act", insert instead
"a timber licence or products licence".
(b) Section 2 5 H — Omit "license" where secondly occurring, insert instead "licence".
(c) Section 2 5 H —
Omit "timber and products", insert instead
"timber or products".
(4) (a ) Section 25I (1) ( a l ) — Omit "a license issued under this Act", insert instead "a timber licence or products licence".
(b) Section 25l (1) (b) —
Omit "license issued under this Act", insert instead "timber licence or products licence".
SCHEDULE 5.
| A M E N D M E N T S TO PART III | OF THE FORESTRY A C T , | 1916. |
(1) Part III, heading—
Omit " L I C E N S E S . " , insert instead :— PROVISIONS RELATING TO THE TAKING OF TIMBER,
PRODUCTS AND FOREST MATERIALS.
DIVISION 1.—Unlawful Taking of Timber, Products and Forest Materials.
(2) Sections 26, 26A—
Omit the sections and short headings thereto.
(3) (a ) Section 27 ( 2 ) —
Omit "clearing license under this Act", insert instead "clearing licence".
(b) Section 27 (3) (a) C D -
Omit the subparagraph, insert instead :—
(i) in pursuance of a timber licence, pro
ducts licence, forest materials licence, clearing licence or other authority issued
or granted by the commission;
(c) Section 27 (3) (b) —
At the end of the paragraph, insert "or".
(d) Section 27 (3) ( c ) —
Omit the paragraph.SCHEDULE 5—continued.
A M E N D M E N T S TO PART I I I OF THE FORESTRY A C T , 1 9 1 6 — continued. ( 4 ) Sections 2 7 A - 2 7 H — After section 2 7 , inse r t :—
DIVISION 2.—Licences.
Timber licences.
2 7 A . ( 1 ) A timber licence authorises the holder, subject to the regulations and subject to the conditions and limitations of the licence, to take timber, or such class or description of timber as is specified in the licence, on Crown-timber lands.
( 2 ) The term of a timber licence— (a)
shall not exceed 5 years without the prior written approval of the Minister; and
(b) shall not, in any event, exceed 2 0 years.
(3) Timber licences shall be issued by the
commission.
Products licences. ( 1 ) A products licence authorises the holder, subject to the regulations and subject to the conditions and limitations of the licence, to take products, or such class or description of products as is specified in the licence, on Crown-timber lands.
2 7 B .
( 2 ) The term of a products licence shall be
such term, not exceeding 5 years, as is specified in the
licence.
SCHEDULE 5—continued.
| A M E N D M E N T S | TO PART | I I I | OF THE FORESTRY | A C T , | 1 9 1 6 — |
continued.
(3) Products licences shall be issued by the
commission.
Forest materials licences.
27c. ( 1 ) A forest materials licence authorises the holder, subject to the regulations and subject to the conditions and limitations of the licence, to take forest materials, or such class or description of forest materials as is specified in the licence, from a State forest.
(2) The term of a forest materials licence shall be such term, not exceeding 5 years, as is speci fied in the licence.
(3 ) Forest materials licences shall be issued
by the commission
Restrictions on issue of timber licences and products
licences.
27D. Nothing in section 27A or 27B authorises the
commission to issue a timber licence or products
licence in respect of—
(a) land held under—
(i) conditional lease and not dedicated as a State forest or reserved from sale; or
(ii) conditional purchase lease,
unless the lessee of that land consents to the
issue of the licence; orSCHEDULE 5—continued.
A M E N D M E N T S TO PART I I I OF THE FORESTRY A C T , 1 9 1 6 — continued.
(b) land in respect of which trustees have been appointed for a public purpose, unless those trustees consent to the issue of the licence. 27E. ( 1 ) Where the commission, pursuant to section 2 5 F ( 5 ) , has formed the opinion, or where the commission is otherwise of the opinion, that any trees on Crown-timber lands (not being Crown-timber lands referred to in paragraph (a) of the definition of "Crown-timber lands" in section 4 ) —
(a)
have been planted or established and have been maintained by careful tending and improvement as a woodlot or forest or for the purpose of tree-farming or have been planted or established as a windbreak or for the beautification of the lands; or
(b)
are growing on land that has been sub stantially improved for farming purposes and which, subject to subsection ( 2 ) , are
necessary for shade or shelter or for the purpose of the farming, improvement or protection of the lands, the commission shall not issue a timber licence or products licence in respect of those lands unless the licence includes a condition or limitation preventing the holder of the licence from taking from the land to which the licence relates any such trees as are designated or described in the condition or limitation.
SCHEDULE 5—continued.
A M E N D M E N T S TO PART I I I OF THE FORESTRY A C T , 1 9 1 6 — continued. (2) The obligation to impose a condition or limitation in respect of trees referred to in subsection (1) (b) extends only to trees designated or described in the condition or limitation and having a total timber content not exceeding 150 cubic metres, as determined by the commission.
(3 ) Subsection (1) does not apply to the issue, in relation to Crown-timber lands which are subject to a tenure specified or described in the First Schedule, of a timber licence or products licence to the holder of that tenure or, with the consent of that holder, to any other person.
Issue of licences in respect of flora reserves.
27F. Nothing in section 27A, 27B or 27c authorises the commission to issue a timber licence, products licence or forest materials licence in respect of a flora reserve unless—
(a)
the conditions and limitations of the licence are in accordance with the working plan for that flora reserve; and
(b)
the issue of the licence is approved by the Minister.
Clearing licences.
27G. (1) A clearing licence authorises—
(a) the holder; and
(b) a successor in title to the land in respect of which the clearing licence is issued,
subject to the regulations and subject to the conditions and limitations of the licence, to ringbark or otherwise kill or destroy trees, or any specified description
thereof, on such Crown-timber lands as are specified
SCHEDULE 5—continued.
A M E N D M E N T S TO PART I I I OF THE FORESTRY A C T , 1 9 1 6 — continued. in the licence, notwithstanding the provisions of any other Act or any terms or conditions subject to which any tenure of those Crown-timber lands is held.
(2) The term of a clearing licence shall be
such term as is specified in the licence.
(3) Clearing licences shall be issued by the
commission.
27H. Nothing in section 27G authorises the commis sion to issue a clearing licence—
(a)
in respect of Crown-timber lands within a State forest that are not the subject of a forest lease or any other lease from the Crown;
(b)
in respect of Crown-timber lands within a flora reserve;
(c) where the Crown-timber lands are— (i) held subject to a tenure specified or described in the First Schedule— except to the holder of that tenure;
(ii) purchase-tenure land, as defined in section 25c—except to the owner, as so defined, of that land; or
(iii) held under a forest lease—except to the lessee;
SCHEDULE 5—continued.
| A M E N D M E N T S TO PART I I I OF THE | FORESTRY A C T , | 1 9 1 6 — |
continued.
(d)
in respect of protected land, as defined in section 2 1 A of the Soil Conservation Act, 1938—excep t with the consent of the Catchment Areas Protection Board con stituted under that Act; or
(e)
to ringbark or otherwise kill or destroy trees having economic value.
| ( 5 ) | (a ) Section 2 8 , short heading— |
Omit "licenses", insert instead "licences".
(b) Section 2 8 ( 1 ) —
Omit "license" wherever occurring, insert instead
"licence".
(c) Section 2 8 ( 1 ) —
Omit "under this Act".
(d) Section 2 8 ( 2 ) — Omit "license", insert instead "licence".
(e) Section 2 8 ( 3 ) —
Omit "licenses", insert instead "licences".
59941E-38
SCHEDULE 5—continued.
A M E N D M E N T S TO PART III OF THE FORESTRY A C T , 1 9 1 6 — continued.
( 6 ) (a) Section 2 9 ( 1 ) — Omit "except under the authority of a license issued and in force under this Act or a sawmill license granted under the authority of the Act hereby repealed, or under the authority of an exemption granted by the commission,", insert instead : —
except—
(a)
under the authority of a sawmill licence issued under section 2 8 which is in force; or
(b)
in accordance with a written permission of the commission granted in such circumstances, if any, and in respect of such quan tity of timber, if any, as may be prescribed,
(b) Section 2 9 ( 2 ) —
Omit "any such license or exemption", insert instead "a sawmill licence referred to in subsec tion ( 1 ) or a written permission referred to in
subsection ( 1 ) (b) , " . SCHEDULE 5—continued.
| A M E N D M E N T S | TO PART | III | OF THE | FORESTRY A C T , | 1916— |
continued.
(c) Section 29 ( 3 ) —
After section 29 ( 2 ) , inser t :— (3) A person who is an officer as defined in section 5 (1) of the Companies Act, 1961, of a corporation which commits an offence under sub- section (1) or (2 ) is guilty of the same offence, and liable to be punished as an individual guilty of that offence, unless he satisfies the court that—
(a)
the offence committed by the corpora tion was committed without his know ledge;
(b)
he was not in a position to influence the conduct of the corporation in relation to the commission of the offence by it; or
(c)
he, being in such a position, used all due diligence to prevent the commis sion of the offence by the corporation.
(7) Part II, Divisions 3, 4 —
Omit sections 30 and 30A and the short heading before section 30, insert instead :—
DIVISION 3.—Payment of Royalty.
30. In this Division—
"owner", in relation to purchase-tenure land, has the meaning ascribed thereto in section 25c;
"purchase-tenure land" has the meaning ascribed thereto in section 25c;
SCHEDULE 5—continued.
A M E N D M E N T S TO PART I I I OF THE FORESTRY A C T , 1 9 1 6 — continued.
"royalty" means a royalty payable under this
Division.
30A. ( 1 ) The holder of a timber licence, products licence or forest materials licence shall, in accordance with this Division, pay a royalty in respect of the timber, products or forest materials taken in pursuance of the licence.
(2) Nothing in subsection ( 1 ) requires the payment of a royalty in respect of timber taken in pursuance of a timber licence from land the subject of a tenure specified or described in the First Schedule where the timber is derived from trees which, in the opinion of the commission, have been planted or established and have been maintained by careful tending and improvement as a woodlot or forest or for the purpose of tree-farming or have been planted or established as a windbreak or for the beautification of the land.
30B. A royalty shall be such amount as the
commission may from time to time determine either generally or in a particular case or class of cases. 30c. ( 1 ) Except as provided by section 30F, a royalty shall be paid to the commission. (2) Subsection ( 1 ) has effect notwithstand ing the terms of any licence issued under this Act and in force immediately before the date of commence ment of this Division. SCHEDULE 5—continued.
| A M E N D M E N T S | TO PART | I I I | OF | THE | FORESTRY | A C T , | 1916— |
continued.
30D. The commission may from time to time determine, either generally or in a particular case or class of cases, to pay such part of a royalty as is specified in its determination to such organisation established for the promotion or improvement of the use or marketing of timber or products produced in New South Wales as is so specified.
30E. (1 ) In this section—
"lessee" means the holder or owner of a lease but does not include a mortgagee of land the subject of a lease;
"prescribed amount", in relation to a royalty, means the aggregate of—
(a)
the instalments, if any, which the holder of a timber licence, products licence or forest materials licence is entitled, under a contract with the commission, to deduct from the
ramps and incidental works con royalty in respect of the construction of roads, bridges, gates and structed by him in connection with the taking of the timber, products or forest materials in respect of which the royalty is payable; (b)
such instalments, if any, as may be determined by the commission, of the cost of any roads, bridges, gates, ramps, railways and incidental
SCHEDULE 5—continued.
A M E N D M E N T S TO PART I I I OF THE FORESTRY A C T , 1 9 1 6 — continued.
works constructed by the commis sion for, or partly for, the taking or removal of the timber, products or forest materials in respect of which the royalty is payable; and
(c) such part of that royalty as the commission determines under sec tion 30D to pay to the organisation specified in its determination.
(2) The commission, on receipt of a royalty paid to it under section 30c ( 1 ) , shall deduct from the royalty the prescribed amount.
(3) Out of the prescribed amount deducted from a royalty under subsection ( 2 ) , the commission shall, where it has made a determination with respect to the royalty under section 30D, pay such part of the royalty as is specified in its determination to the organisation so specified.
(4) Out of the balance of the royalty remain
ing after the commission has deducted the prescribed amount under subsection ( 2 ) , the commission shall
pay—(a)
where the royalty was paid in respect of timber, products or forest materials taken from land held by a lessee under a lease specified or described in Part 1 of the Second Schedule, not being a lease referred to in paragraph (b) ( i i )—an amount equal to one-third of that balance to that lessee;
SCHEDULE 5—continued.
| A M E N D M E N T S | TO PART | I I I | OF THE | FORESTRY | A C T , | 1 9 1 6 — |
continued.
(b) where the royalty was paid in respect of timber, products or forest materials taken from land held by— (i) a lessee under a lease specified or described in Part 2 of the Second Schedule; or
(ii) a lessee under a lease specified or described in Part 1 of the Second Schedule in respect of which the commission has executed a certifi
cate under subsection
an amount equal to one-half of that balance
to that lessee;( 5 ) , (c)
subject to paragraph (d), where the royalty was paid in respect of timber or products taken from purchase-tenure land—an amount equal to one-third of that balance to the owner of that purchase-tenure land;
(d)
where the royalty was paid in respect of timber or products taken from purchase- tenure land which was, immediately before it became purchase-tenure land, the subject of a lease referred to in paragraph (b) (i) or ( i i )—an amount equal to one-half of that balance to the owner of that purchase- tenure land;and
SCHEDULE 5—continued.
A M E N D M E N T S TO PART I I I OF THE FORESTRY A C T , 1 9 1 6 — continued.
(e) where the royalty was paid in respect of timber or products taken from land under the control of a Pastures Protection Board being a travelling stock reserve, a camping reserve or a public watering-place—an amount equal to one-third of that balance to the Pastures Protection Board. (5) The commission, on the application of a lessee for the time being of land held under a lease specified or described in Part 1 of the Second Schedule, may, if it thinks fit, certify that the timber and products which were on that land were sub stantially taken from that land at a time (whether before or after the date of commencement of this Division) when that land was held under any lease so specified or described.
30F. ( 1 ) A person to whom the commission is, under section 30E ( 4 ) , required to pay an amount of a royalty may, by notice in writing to the commission, elect to have the amount paid directly to him by the holder of the licence liable to pay the royalty.
(2) Where the commission receives a notice under subsection ( 1 ) in respect of the payment of an
amount of a royalty, it shall—
(a)
by notice in writing, direct the holder of the licence liable to pay the royalty to pay the amount directly to the person making the election; and
SCHEDULE 5—continued.
| A M E N D M E N T S | TO PART | I I I | OF THE FORESTRY | A C T , | 1 9 1 6 — |
continued.
(b) forward a copy of the notice referred to in paragraph (a) to the person making the election.
(3) The holder of a licence to whom a direction is given by the commission under subsection (2) (a) shall comply with the direction.
30G. Where the commission takes timber or products from land held by a lessee under a lease specified or described in the Second Schedule, purchase-tenure land or land under the control of a Pastures Protection Board being a travelling stock reserve, a camping reserve or a public watering-place, the commission—
(a) shall pay to an organisation referred to in section 30D the amount that would have been payable to the organisation under section 30E ( 3 ) ; and (b)
shall pay to the lessee, the owner of that purchase-tenure land or the Pastures Protection Board, as the case may be, the amount that would have been payable to the lessee, owner or Board under section
30E ( 4 ) ,
if the timber or products had been taken in pursuance of a timber licence or products licence, as the case may be, and a royalty had been paid to the commission
SCHEDULE 5—continued.
A M E N D M E N T S TO PART I I I OF THE FORESTRY A C T , 1 9 1 6 — continued.
in respect of the taking of the timber or products in pursuance of the licence in accordance with this Division.
30H. ( 1 ) Where a person takes or destroys or causes or knowingly suffers the taking or destroying of any timber, products or forest materials otherwise than in pursuance of a licence or other authority issued or granted by the commission (whether or not by doing so he is guilty of an offence against this Act) and the commission would, if the timber, products or forest materials had been taken in pursuance of a licence, have been entitled to determine a royalty in respect of the timber, products or forest materials so taken, the commission may certify in writing 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 licence and may recover that amount from the person as a debt in any court of competent jurisdiction.
amount recovered by the commission under subsection (2) Section 30E applies in respect of an ( 1 ) in the same way as it applies in respect of a royalty paid to the commission under section 30c ( 1 ) . (3) Nothing in subsection (2) requires the commission, in respect of an amount recovered by it under subsection ( 1 ) , to make a payment out of the amount to the person from whom the amount is recovered.
SCHEDULE 5—continued.
| A M E N D M E N T S | TO PART | I I I OF | THE FORESTRY | A C T , | 1 9 1 6 — |
continued.
DIVISION 4.—Taking of Small Quantities from
Certain Lands.
30i. The commission may, otherwise than by the
issue of a timber licence, products licence or forest materials licence, authorise a person, in such manner and on such terms and conditions as may be deter mined by the commission, to take on or from—
(a) land within a State forest, not being—
(i) land set apart as a flora reserve; or
(ii) land which is subject to a lease speci fied or described in the Second Schedule,
timber, products or forest materials, not hav ing a value in excess of such value as is prescribed; or
(b) Crown lands, not being—
(i) land in respect of which trustees have been appointed for a public purpose; or
(ii) land which is subject to a lease timber or products, not having a value in
Schedule, specified or described in the Second
excess of such value as is prescribed.
SCHEDULE 6 .
A M E N D M E N T S TO PART I V OF THE FORESTRY A C T , 1 9 1 6 .
( 1 ) (a) Section 3 1 ( l ) - ( 2 ) —
Omit section 3 1 ( 1 ) and ( 2 ) , insert instead :—
( 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.
( 1 A ) 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 build ing, 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 ( 1 A ) (a) only to a person who is the holder of a licence, not being a clearing
licence.
(b ) Section 3 1 ( 3 ) — Omit "Such permit", insert instead "A permit under this section".
SCHEDULE 6—continued
| A M E N D M E N T S | TO PART | I V | OF | THE | FORESTRY | A C T , | 1916— |
continued.
(c) Section 31 ( 3 ) —
Omit "Any such permit for any of the purposes mentioned in paragraphs ( a ) , ( b ) , ( c ) , or (d) of subsection ( 1 ) " , insert instead "A grazing permit or an occupation permit for a purpose
mentioned in subsection ( I A ) (a) or ( b ) " .
(d) Section 31 ( 3 ) — Omit "a permit is granted for purposes men tioned in paragraph (b) aforesaid", insert instead "an occupation permit is granted for a purpose
mentioned in subsection ( I A ) ( a ) " .
(e) Section 31 ( 5 ) —
Omit "Permits", instead "A permit".
(f) Section 31 ( 5 ) —
Omit "or by any person authorised by the com mission in that behalf for such terms", insert instead "for such term and on such conditions".
(2) Section 32—
Omit the section, insert instead : —
32. (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 : $500.
(2) A person shall not, without lawful authority, occupy any land within a State forest, timber reserve or flora reserve.
Penalty : $500.
SCHEDULE 6—continued
A M E N D M E N T S TO PART IV OF THE FORESTRY A C T , 1 9 1 6 — continued.
(3) In proceedings for an offence arising under this section, the defendant has the onus of proving lawful authority in relation to the act giving rise to the alleged offence.
( 4 ) A penalty may be imposed under this
section in relation to the grazing or watering of animals on any land or the occupation of any land in addition to any penalty, fine or forfeiture imposed by any lease from the Crown lawfully in force in respect of that land.
(3) Sections 3 2 A - 3 2 G — After section 32, insert :—
32A. In sections 32B and 32c, "animal" includes a reptile but does not include a fish.
32B. (1) A hunting permit under this Act authorises the holder, subject to the regulations and subject to the conditions and limitations of the permit,
to take or kill such birds or animals or birds and animals as are specified in the permit. (2) A permit under this section may be granted in respect of land within a State forest, timber
reserve or flora reserve.(3) A permit under this section may be granted and renewed by the commission for such term and on such conditions respectively as the commission thinks fit.
SCHEDULE 6—continued.
| A M E N D M E N T S | TO PART | IV | OF THE FORESTRY | A C T , | 1916— |
continued.
( 4 ) A permit under this section shall not be
granted in respect of land within a flora reserve unless the granting of that permit is in accordance with the working plan for the reserve.
(5 ) Nothing in this section affects the Fire arms and Dangerous Weapons Act, 1973, or the National Parks and Wildlife Act, 1974.
32c. (1 ) In this section, "firearm" includes any weapon that is capable of propelling a projectile, whether by use of an explosive or by other means.
(2) A person shall not—
(a) have in his possession or discharge a firearm in a State forest, timber reserve or flora reserve; (b) have in his possession or place or use a net, trap, snare, hunting device, poison or explosive in a State forest, timber reserve or flora reserve; (c) discharge a firearm into a State forest,
timber reserve or flora reserve; (d) take, kill, hunt, shoot, poison, net, snare, spear, capture, lure or injure a bird or an animal in a State forest, timber reserve or flora reserve; or (e) cause or knowingly suffer any of the things
referred to in paragraphs ( a ) - ( d ) to be done.
Penalty : $500 or imprisonment for 6 months, or
both.
SCHEDULE 6—continued.
A M E N D M E N T S TO PART I V OF THE FORESTRY A C T , 1 9 1 6 — continued.
(3 ) A person is not guilty of an offence under subsection (2) by reason of his doing any of the things referred to in subsection ( 2 ) —
(a) in pursuance of a grazing, occupation or hunting permit under this Act, a forest lease or a tenure specified or described in the First Schedule; (b) in pursuance of an agreement with the commission; or (c) in relation to a snake, unless it is proved that there were no grounds on which he could reasonably have believed at any relevant time that the snake was endanger ing, or was likely to endanger, any person or property.
32D. (1) Where a member of the police force or a person authorised by the commission in writing to act under this section suspects, on reasonable grounds, that a person has contravened section 32c ( 2 ) , he—
(a) may require the person to deliver up to him any article or thing referred to in section 32c (2) (a) or (b) which is in the posses sion of the person; or
(b) may—•
(i) detain and search the person and any vehicle or other property of the person; and
SCHEDULE 6—continued.
| A M E N D M E N T S | TO PART I V | OF THE FORESTRY | A C T , | 1 9 1 6 — |
continued.
(ii) seize and detain any article or thing referred to in section 32c (2) (a) or (b) found by him as a result of his search.
( 2 ) A member of the police force or a
person authorised in accordance with subsection ( 1 ) may seize and detain any article or thing referred to in section 32c (2) (a ) or (b) which he suspects, on reasonable grounds, has been placed in a State forest, timber reserve or flora reserve by a person in contra vention of section 32c ( 2 ) .
(3) A person shall not fail to deliver up to a member of the police force or, on production of his authority, a person authorised in accordance with sub section ( 1 ) , an article or thing referred to in section 32c (2) (a) or (b) which is in his possession or obstruct, hinder, prevent or interfere with a member of the police force or a person so authorised in the exercise or performance of any power, authority, duty or function conferred by this section on him.
Penalty for an offence against this subsection :
$500. 32E. Where an article or thing referred to in sec
tion 32c (2) (a) or (b) is delivered up under section
32D ( 1 ) (a ) or seized and detained under section
3 2 D ( 1 ) (b) (ii) or (2) and—
(a)
a person is not, within a period of 30 days after the delivery up or seizure, charged with an offence under section 32c (2) or under any other Act in respect of the article
SCHEDULE 6—continued.
A M E N D M E N T S TO PART I V OF THE FORESTRY A C T , 1 9 1 6 — continued.
or thing, a court of petty sessions held before a stipendiary magistrate may, upon application made by the person who delivered up that article or thing or from whom that articie or thing was seized, or any person claiming any right, title or interest in that article or thing, order that the article or thing be returned to that person;
(b) a person is, on or after the expiration of a period of 30 days after the delivery up or seizure, so charged and— (i) is found guilty (whether or not he is convicted) of the offence, the article or thing shall, unless an order in respect of the article or thing has been made under paragraph (a) or the court hearing the charge, upon an application made at the trial, otherwise orders, be forfeited to Her
Majesty; or (ii) is found not guilty of the offence, the article or thing shall, unless an order in respect of the article or thing has been made under para graph (a) or the court hearing the charge, upon an application made at the trial, otherwise orders, be returned to that person; or
SCHEDULE 6—continued.
| A M E N D M E N T S | TO PART | I V | OF THE FORESTRY A C T , | 1 9 1 6 — |
continued.
(c) an application has not been made in accordance with paragraph (a) or ( b ) , a court of petty sessions held before a stipendiary magistrate may, upon applica tion made by a member of the police force or a person authorised in accordance with section 32D (1) order that the article or thing be forfeited to Her Majesty.
32F. (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.
(2) A permit under this section may be granted in respect of land within a State forest, timber reserve or flora reserve.
(3 ) A permit under this section may be
granted and renewed by the commission for such term
thinks fit.
and on such conditions respectively as the commission
(4) A permit under this section shall not be granted in respect of land within a flora reserve unless the granting of that permit is in accordance with the working plan for the reserve.
SCHEDULE 6—continued.
A M E N D M E N T S TO PART IV OF THE FORESTRY A C T , 1 9 1 6 — continued.
32G. ( 1 ) A person shall not, except in pursuance of a special purposes permit granted under section 32F, engage in or conduct an activity prescribed for the purposes of that section in a State forest, timber reserve or flora reserve.
Penalty : $500.
(2 ) In proceedings for an offence arising under this section, the defendant has the onus of proving that he has engaged in or conducted the activity prescribed for the purposes of section 32F in respect of which those proceedings have been brought in pursuance of a special purposes permit granted under that section.
( 4 ) (a ) Section 33 ( 1 ) —
Omit "Such leases are in this Act referred to as
"Forest leases." ".
(b) Section 33 (3) (b) ( i ) —
Omit "a general or special license issued under this Act", insert instead "a timber licence or products licence".
(c) Section 33 (3) (b) ( i i ) —
Omit "a general or special license issued under this Act", insert instead "a timber licence or products licence".
(d) Section 33 ( 4 ) —
Omit the subsection.
SCHEDULE 7.
| A M E N D M E N T S | TO PART V | OF | THE FORESTRY | A C T , | 1 9 1 6 . |
(1) Section 3 4 —
Omit "Licenses,", insert instead "Licences,".
(2) (a) Section 3 5 —
Omit "license" wherever occurring, insert instead
"licence".
(b) Section 3 5 — Omit "and determine".
(3 ) Section 35A—
After section 35, insert :—
35A. ( 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 to be removed, together with the contents, if any, of the structure.
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
(3 ) If a notice requiring any person who claims to have authority to erect, maintain or use a structure erected in a State forest, timber reserve or flora reserve, or any part of the structure, to deliver to the commission a statement in writing signed by that person stating by what authority he erected or is entitled to maintain or use the structure or part or by what authority he claims any interest in the structure, is—
(a) displayed for a period of one month on or adjacent to the structure; or (b) published in a local newspaper or such other newspaper, if any, as the commission may determine, any such person who, within one month after the expiration of that period or within one month after publication of that notice, fails to deliver such a state ment to the commission shall have no claim against the commission or any other person removing the structure or contents in accordance with subsection ( 2 ) .
(4) The commission may, at its option, cause or authorise a structure or part thereof or the contents thereof removed in accordance with subsection (2) to be destroyed or sold, or stored (and, if stored, then destroyed or sold), or may sell the structure or con tents on condition that it or they be removed, and may recover in any court of competent jurisdiction the
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART | V | OF | THE | FORESTRY | A C T , | 1916— |
continued.
expenses incurred in the removal, destruction, sale or storage of the structure or part thereof or the contents thereof from the person who—
(a)
erected the structure or caused it to be erected; or
(b)
where a notice was displayed under sub section (3) in respect of the structure, has made use of the structure after the expira tion of the period of one month for which the notice was so displayed,
or both.
(5 ) Subsection (4) (b) does not apply in relation to a person unless it is established that he knew of, or ought reasonably to have known of, the notice.
(6) In proceedings for an offence arising under this section, the defendant has the onus of proving lawful authority in relation to the act giving rise to the alleged offence.
(4) Section 36A— After section 36, insert :—
36A. (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.
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
(2) The commission may give such a direc tion prohibiting, regulating or controlling the use or enjoyment of a State forest, timber reserve or flora reserve as, in its opinion, may be necessary or desir able and any such direction may be limited as to time, place or subject-matter.
(3) A direction given pursuant to subsection (2) shall have effect only while there is erected or displayed upon or near the State forest, timber reserve or flora reserve to which the direction relates a control sign that is notice of the direction.
(4) The direction appearing upon, or pre scribed as given by, a control sign that is erected or displayed upon or near a State forest, timber reserve or flora reserve with the authority of the commission shall be deemed to be a direction, for the time being in force, given pursuant to subsection (2) in relation to the State forest, timber reserve or flora reserve and the control sign shall, for the purposes of subsection ( 3 ) , be deemed to be notice of that direction.
(5) A direction given pursuant to subsection
(2) may be varied or revoked by the commission. Omit "a license under this Act", insert instead
"a licence".(5) (a) Section 38 (1) (b) —
(b) Section 38 (1) ( b ) —
Omit "license" where secondly occurring, insert instead "licence".
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART | V | OF THE FORESTRY | A C T , | 1 9 1 6 — |
continued.
(c) Section 3 8 ( 2 ) — Omit "fifty dollars", insert instead "$500".
| (6 ) | Sections | 3 8 A - 3 8 C — |
After section 3 8 , insert : —
3 8 A . (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's 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.
(2) Any person authorised by the commission in writing to act under this section may require a person whom he suspects on reasonable grounds to be offending against this Act or the regulations to state his full name and his place of abode.
( 3 ) Any person authorised in accordance
with subsection (2) may require the driver of a motor vehicle in a State forest, timber reserve or flora reserve to produce any driver's licence which he is, by any Act, or the regulations made under any Act, required to hold and to state his full name and his place of abode.
(4) A person shall not—
(a)
fail or refuse to comply with a requirement under subsection (2) or ( 3 ) ; or
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
(b)
in purported compliance with such a requirement, state a name that is not his name or a place of abode that is not his place of abode.
Penalty for an offence against this subsection :
$200.
38B. ( 1 ) In this section, a reference to the driver
of a motor vehicle includes a reference to the rider of
a motor cycle.
(2 ) Where the driver of a motor vehicle is alleged to be guilty of an offence against this Act or the regulations, any person authorised by the commis sion in writing to act under this section may—
(a)
require the owner of the vehicle, or the person in whose name it is registered, or the person having the custody of the vehicle, to give forthwith information (which shall, if so required, be given in the form of a state
ment in writing, signed by that owner or person) as to the name and place of abode of the driver of the motor vehicle at the time of the offence; or (b)
require any other person to give any information which it is in his power to give and Which may lead to the identification of the driver of the motor vehicle at the time of the offence.
SCHEDULE 1—continued.
| A M E N D M E N T S | TO PART | V | OF | THE | FORESTRY | A C T , | 1 9 1 6 — - |
continued.
( 3 ) A person shall not—
(a)
fail or refuse to comply with a requirement under subsection ( 2 ) ; or
(b)
in purported compliance with such a requirement, give any information that is false or misleading in a material particular.
Penalty : $ 2 0 0 . ( 4 ) In a prosecution for an offence in respect
of a failure or refusal to comply with a requirement under subsection ( 2 ) ( a ) , it is a defence if the defendant satisfies the court that he did not know and could not with reasonable diligence have ascertained the name or place of abode of the driver concerned, or both, as the case may require.
( 5 ) Where a statement in writing purporting
to be furnished under subsection ( 2 ) (a ) and to contain particulars of the name and place of abode of the driver of a motor vehicle at the time of commission of an alleged offence against this Act or the regula tions is produced in any court in proceedings for the offence against the person named therein as the driver, the statement shall, if that person does not appear before the court, be evidence without proof of signature that he was the driver of the vehicle at that time.
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
38c. (1 ) In this section—
"owner", in relation to a motor vehicle,
includes—
(a)
a person who is the owner or joint owner or part owner of the vehicle and any person, other than the lessor under a hire-purchase agree ment relating to the vehicle, who has the use of the vehicle under such an agreement;
(b)
the person in whose name the vehicle is registered under the regulations made under the Motor Traffic Act, 1909, except where that person has sold or otherwise dis posed of the vehicle and has complied with the provisions of those regulations applicable to him with respect to that sale or disposal; and
(c)
where the vehicle has affixed to it a trader's plate issued under that Act
for use as prescribed by those regulations—the person to whom that trader's plate is on issue; "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.
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART | V | OF | THE | FORESTRY | A C T , | 1 9 1 6 — • |
continued.
( 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 he were the actual offender guilty of the parking offence unless—
(a) in any case where the parking offence is dealt with under section 4 6 A , 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.
(3) Nothing in this section affects the liability of an actual offender in respect of a parking offence but, where a penalty has been imposed on, or recovered from, any person in relation to any parking offence, no further penalty shall be imposed on or
recovered from any other person in relation thereto. (4) Notwithstanding anything in subsection (2) or ( 3 ) , no owner of a motor vehicle is, by virtue of this section, guilty of an offence if—
(a) in any case where the offence is dealt with under section 4 6 A , he— (i) within 21 days after service on him of a notice under that section alleging that he has been guilty of
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
that offence, supplies by statutory declaration to the authorised person referred to in that section the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned; or
(ii) satisfies the authorised person so referred to that he does not know, and cannot with reasonable dili gence ascertain, that name and address; or
(b) in any other case, he—
(i) within 21 days after service on him of a summons in respect of that offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned; or
(ii) satisfies the court that he did not know and could not with reasonable diligence have ascertained that name and address.
( 5 ) A statutory declaration that relates to
more than one parking offence shall be deemed not to be a statutory declaration supplying a name and address for the purposes of subsection ( 4 ) .
SCHEDULE 1—continued.
| A M E N D M E N T S | TO PART | V | OF THE FORESTRY A C T , | 1 9 1 6 — |
continued.
( 6 ) Where a statutory declaration supplying
the name and address of a person for the purposes of subsection ( 4 ) is produced in any proceedings against the person in respect of the parking offence to which the statutory declaration relates, the statutory declaration is prima facie evidence that the person was, at all relevant times relating to that parking offence, in charge of the motor vehicle to which the parking offence relates.
( 7 ) The provisions of this section, shall be
construed as supplementing, and not as derogating from, any other provision of this Act or the regula tions or any other Act or any regulation, by-law or ordinance under any other Act.
| ( 7 ) | (a) Section 3 9 ( 1 ) — |
Omit "as referred to in subsection ( 2 ) of section
3 0 , or any part of royalties payable to a lessee
under a forest lease in accordance with section
3 3 , " , insert instead "pursuant to a direction under
section 3 O F ( 2 ) ( a ) , " .
(b) Section 3 9 ( 1 ) —
Omit ", or any person authorised by the com mission,".
(c ) Section 3 9 ( 2 ) —
Omit "as referred to in subsection ( 2 ) of section
3 0 , or any part of royalties payable to a lessee
under a forest lease in accordance with section
3 3 " , insert instead "pursuant to a direction under
section 3 0 F ( 2 ) ( a ) , " .
SCHEDULE 1—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1916— continued.
(8) Section 4 0 —
Omit the section.
(9 ) (a ) Section 41 (1) ( a ) — Omit "and issuing and granting,", insert instead "and issuing, granting, transferring, suspending and cancelling,".
(b) Section 41 (1) ( a ) —
Omit "licenses", insert instead "licences".
(c) Section 41 (1) (d) —
Omit "licenses", insert instead "licences".
(d) Section 41 (1) ( e ) —
Omit "license", insert instead "licence".
(e) Section 41 ( 1 ) ( e ) —
Omit "licenses", insert instead "licences".
(f) Section 41 (1) ( n l ) - ( n 7 ) —
After section 41 (1) ( n ) , insert : — ( n l ) 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;
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART | V | OF | THE | FORESTRY | A C T , | 1916— |
continued.
(n3) regulating or controlling camping or residence in State forests, timber reserves and flora reserves and the making, collect ing 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 por
tion of a State forest, timber reserve or
flora reserve for separate or exclusive use in such circumstances as the regulations may prescribe;
(g) Section 41 (1) ( o l ) , (p) — Omit the paragraphs.
59941E-39
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1916— continued.
(h) Section 41 (1) ( p l ) - ( p 8 ) — Before section 41 (1) ( q ) , insert :—
(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, tim ber reserves and flora reserves and regu lating 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 and flora reserves and providing for the making, collecting and receiving of charges therefor; vehicles in State forests, timber reserves (p4) prescribing the speed and load limits of vehicles in State forests, timber reserves and flora reserves;
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART | V | OF THE | FORESTRY | A C T , | 1916— |
continued.
(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 installa tions 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 control ling the use or enjoyment of a State forest, timber reserve or flora reserve by means of a con trol sign;
(ii) prescribing the form or descrip
tion of control signs;SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
(iii) providing for the interpretation of words, figures, symbols or abbrev iations 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 pre scribed as being represented by, a control sign;
(i) Section 4 1 ( 1 ) —
Omit "And may in such regulations impose a penalty not exceeding one hundred dollars for any breach of the same or any contravention or failure to comply with any provision or con dition contained in any right, license, or permit granted in pursuance of this Act.".
(j) Section 41 (1A) — After section 4 1 ( 1 ) , insert :— ( 1 A ) The regulations may impose a penalty not exceeding $500 for—
(a) an offence against the regulations;
(b)
a failure to comply with a direction given pursuant to section 3 6 A ( 2 ) ; or
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART V | OF THE FORESTRY A C T , | 1 9 1 6 — |
continued.
(c)
a failure to comply with a provision or condition contained in a licence, permit or other authority issued or granted in pursuance of this Act.
(k) Section 4 1 ( 2 ) , ( 3 ) — Omit section 4 1 ( 2 ) , insert instead :—
( 2 ) Regulations may be made so as to apply
differently according to such factors as may be
specified in the regulations.
( 3 ) The regulations may authorise any matter or thing to be from time to time deter mined, applied or regulated by any person specified therein, either generally or for any class of cases or in a particular case.
| ( 1 0 ) | (a) | Section 4 3 ( 1 ) ( b ) — |
Omit "; and any timber, products or forest materials so seized shall thereupon become and remain the property of the Crown until otherwise
ordered by a court of petty sessions".
(b) Section 4 3 ( 2 ) - ( 2 D ) — Omit section 4 3 ( 2 ) , insert instead :—
( 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,
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
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 where abouts 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 court of petty sessions nearest to the place of the
seizure. ( 2 A ) Where any property seized under sub- section ( 1 ) (b) is perishable, the commission may forthwith dispose of that property, by sale or otherwise.
( 2 B ) The proceeds of any sale under sub-
section ( 2 A ) shall be paid into the Treasury and
carried to the Consolidated Revenue Fund.
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART | V | OF THE FORESTRY A C T , | 1 9 1 6 — |
continued.
(2c) The payment to a person by the commis sion of an amount equal to the proceeds of the sale of any property under subsection (2A) operates as a discharge of any obligation to deliver up that property to that person and such a payment in discharge of any such obligation imposed by an order of a court under subsection (2D) in relation to that property is hereby authorised.
(2D) Where property is seized under subsec tion ( 1 ) (b) and—
(a)
a person is not, within a period of 30 days after the seizure, charged with an offence under this Act or any other Act, or the regulations, in respect of that property, a court of petty sessions held before a stipendiary magistrate may, upon application made by the person from whom that property was seized, or any person claiming any right, title or interest in that property,
to that person; order that that property be returned
(b) a person is, on or after the expiration of a period of 30 days after the seizure, so charged and— (i) is found guilty (whether or not he is convicted) of the offence, that property shall, unless an order in respect of that property SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
has been made under paragraph (a) or the court hearing the charge, upon an application made at the trial, otherwise orders, be forfeited to Her Majesty; or
(ii) is found not guilty of the offence, that property shall, unless an order in respect of that property has been made under paragraph (a) or the court hearing the charge, upon an application made at the trial, otherwise orders, be returned to that person; or
(c)
an application has not been made in accordance with paragraph (a) or ( b ) , a court of petty sessions held before a stipendiary magistrate may, upon application made by a member of the police force or a person authorised in accordance with subsection ( 1 ) ,
order that that property be forfeited to Her Majesty.
( 1 1 ) Section 44 ( 1 ) — Omit "two hundred dollars", insert instead "$500 or to imprisonment for a period not exceeding 6 months, or both".
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART V | OF THE | FORESTRY A C T , | 1 9 1 6 — |
continued.
| ( 1 2 ) | Section | 4 5 B — |
After section 4 5 A , inser t :— 4 5 B . ( 1 ) An allegation, in an information in respect of an offence under this Act or the regula tions, that any lands in question form part of a State forest, timber reserve or flora reserve or otherwise comprise Crown-timber lands shall be sufficient without proof of the matter so alleged unless the defendant proves to the contrary.
( 2 ) An allegation, in an information in
respect of an offence under this Act or the regulations, that a standard, sign, notice or device was erected or displayed with the authority of the commission, or that a standard, sign, notice or device was erected, displayed, interfered with, altered or removed with out the authority of the commission, shall be accepted by the court as evidence of the truth of the allegation, unless the defendant proves to the contrary.
| ( 1 3 ) | Section 4 6 — |
| |
| 4 6 . ( 1 ) Proceedings in respect of an offence or forfeiture under this Act or the regulations and proceedings for the recovery or enforcement of a penalty, fine or fee imposed or made payable by a licence or permit under this Act or by a lease of land within a State forest, timber reserve or flora reserve may be taken in a summary manner before a stipendiary magistrate sitting alone. |
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
( 2 ) Any such proceedings may be commenced
within 1 2 months after the time when the matter
giving rise to those proceedings occurred.
( 1 4 ) Section 4 6 A — After section 4 6 , insert :—
4 6 A . ( 1 ) In this section— "authorised person" means an officer of the Public Service employed in the administra tion 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 ascribedthereto 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 per
son 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,
SCHEDULE 7—continued.
| A M E N D M E N T S TO PART V | OF THE FORESTRY A C T , | 1 9 1 6 — |
continued.
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 ) , not exceed ing the prescribed amount, 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 pay able 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 him or stating his address and may be served by leaving it on, or attaching it to, the vehicle.
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
( 5 ) A person alleged to have committed an
offence referred to in subsection ( 2 ) shall not be dealt with under this section if he declines so to be dealt with and, if any such person fails within the time specified in a notice given to him under subsec tion ( 2 ) (or within such further time as, in his case, may have been allowed) to pay the penalty and any royalty so specified he shall be deemed to have declined to be dealt with under this section.
( 6 ) Where the penalty for an offence dealt
with under this section and any royalty is or are paid pursuant to this section in respect of an alleged offence—
(a)
no person may be proceeded against for the alleged offence;
(b)
no person may be proceeded against for recovery of the royalty; and
(c)
the payment shall not be construed as an admission of liability for the purpose of, nor, except as provided in paragraph ( b ) , in
any way affect or prejudice, any civil claim, action or proceeding arising out of the facts constituting the alleged offence. (7) The penalty prescribed for an offence dealt with under this section shall not exceed the maximum penalty that might be imposed by a court if the offence were dealt with otherwise than under this section.
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART V | OF THE FORESTRY A C T , | 1916— |
continued.
(8 ) Section 30E applies in respect of any royalty paid to the commission pursuant to this section in the same way as it applies in respect of a royalty paid to the commission under section 30c ( 1 ) .
(9 ) Nothing in subsection (8) requires the commission, in respect of any royalty paid to it pur suant to this section, to make a payment out of the royalty to the person by whom that royalty is paid.
(10) This section shall be construed as supplementing, and not as derogating from, any other Act in relation to proceedings that may be taken in respect of offences.
(11) Nothing in section 3 OH or 39 prevents
the recovery of any royalty pursuant to this section.
(15) Section 4 7 —
Omit "license", insert instead "licence".
| (16) Section 4 8 — |
After section 47, inse r t :—
Compensation.
48. (1) In this section, a reference to the convic tion of a person includes a reference to the making of an order in respect of a person under section 556A of the Crimes Act 1900.
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V OF THE FORESTRY A C T , 1 9 1 6 — continued.
( 2 ) Where a person is convicted of an offence
under this Act or the regulations whereby the commis sion incurs any charge, cost or expense or which results in or causes loss of or damage t o —
(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 stipendiary magistrate before whom he was
convicted—
(c)
shall, where the offence in respect of which he 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 he thinks fit by way of compensation for any other charge, cost, expense, loss or damage.
( 3 ) Except as provided in subsection ( 4 ) , an
order under subsection ( 2 ) (c) or (d) shall be deemed to be a conviction or order whereby a sum of money is adjudged to be paid within the meaning of the Justices Act, 1 9 0 2 .
SCHEDULE 1—continued.
| A M E N D M E N T S | TO PART V | OF THE FORESTRY A C T , | 1 9 1 6 — |
continued.
( 4 ) The maximum period for which a person
shall be imprisoned and kept in default of payment of a sum ordered to be paid under subsection (2) (c) or (d) or the aggregate of any such sums so ordered to be paid is 4 months.
(5) Where an amount is ordered to be paid to the commission under subsection (2) ( c ) , section 30E applies in respect of the amount in the same way as it applies in respect of a royalty paid to the commission under section 30c ( 1 ) .
( 6 ) Nothing in subsection (5) requires the
commission, in respect of an amount ordered to be paid to it under subsection (2) ( c ) , to make a pay ment out of the amount to the person by whom that amount was paid.
SCHEDULE 8.
| A M E N D M E N T S | TO THE | FORESTRY A C T , | 1 9 1 6 , | BY WAY | OF |
STATUTE L A W REVISION.
| ( 1 ) | Section 2 — |
Omit the matter relating to Part I I , insert instead :—
PART I I . — S T A T E FORESTS, T I M B E R RESERVES AND
FLORA RESERVES.
(2) Section 4 , definitions of "The Minister", "Prescribed"— Omit the definitions.
SCHEDULE 8—continued.
A M E N D M E N T S TO THE FORESTRY A C T , 1 9 1 6 , BY WAY OF STATUTE L A W REVISION—continued.
( 3 ) (a) Section 5 ( 2 ) ( b ) — Omit "or any Act amending that Act,".
(b) Section 5 ( 2 ) ( b ) —
Omit "any such Act", insert instead "that Act".
(c) Section 5 ( 8 ) (a ) ( i i ) — After "bankrupt,", insert "applies to take the benefit of any law for the relief of bankrupt or insolvent debtors,".
(d) Section 5 (8 ) (a ) ( i v ) — Omit the subparagraph, insert instead :—
(iv) becomes a temporary patient, a con tinued treatment patient, a protected person or an incapable person within the
meaning of the Mental Health Act, 1 9 5 8 , or a person under detention under Part
VII of that Act;
(e) Section 5 (9 ) ( a ) — Omit "the Superannuation Act, 1916, or any Act amending such Acts,", insert instead "or the Superannuation Act, 1916,".
(f) Section 5 (9) ( a ) — Omit ", or any amendment thereof".
SCHEDULE 8—continued.
| A M E N D M E N T S | TO THE FORESTRY | A C T , | 1 9 1 6 , BY WAY OF |
STATUTE L A W REVISION—continued.
(g) Section 5 ( 9 ) ( b ) — Omit "or any amendment thereof".
(h) Section 5 ( 9 ) ( b ) — Omit "or any Acts amending such Acts,".
( 4 ) Section 8—
Omit "common seal", insert instead "seal of office".
| ( 5 ) | Section 9 — |
Omit "or any Act amending it,".
| ( 6 ) | Section 9 A — |
Omit "as amended by subsequent Acts,".
| ( 7 ) | Section 9 B ( 2 ) — |
Omit "as amended by subsequent Acts,".
| (8) | Section 1 0 ( 1 ) — |
| Omit "or any Act amending it,". | |
| ( 9 ) | (a) Section 1 1 A ( 1 ) — |
Omit "Water Conservation and Irrigation Com mission", insert instead "Water Resources Commission".
SCHEDULE 8—continued.
A M E N D M E N T S TO THE FORESTRY A C T , 1 9 1 6 , BY WAY OF STATUTE L A W REVISION—continued.
(b) Section 1 1 A ( 2 ) —
Omit "Forestry Commission", insert instead
"commission".
(c) Section 1 1 A ( 4 ) ( a ) — Omit "Water Conservation and Irrigation Com mission", insert instead "Water Resources Commission".
(d ) Section 1 1 A ( 4 ) ( b ) — Omit "Water Conservation and Irrigation Com mission", insert instead "Water Resources Commission".
( 1 0 ) Part II, heading—
Omit the heading, insert instead :—
P A R T I I . STATE FORESTS, T I M B E R RESERVES AND FLORA
RESERVES.
( 1 1 ) Section 1 5 ( 2 ) —
Omit "as subsequently amended,"
( 1 2 ) Section 1 6 — Omit "Secretary for Lands", insert instead "Minister for Lands".
SCHEDULE 8—continued.
| A M E N D M E N T S | TO THE FORESTRY | A C T , | 1 9 1 6 , BY WAY OF |
STATUTE L A W REVISION—continued.
| ( 1 3 ) | (a ) Section | 1 9 ( b ) — |
Omit "Crown land", insert instead "Crown lands".
(b) Section 1 9 ( b ) —
Omit "of 1 9 0 1 " , insert instead ", 1 9 0 1 " .
(c) Section 1 9 ( b ) — Omit" , or any Act amending them,".
| ( 1 4 ) | Section | 1 9 B ( 1 ) — |
Omit "as subsequently amended,".
| ( 1 5 ) | Section | 2 1 — |
Omit "and of the Acts amending the same".
| ( 1 6 ) | (a) Section 2 2 — |
Omit "Secretary for Lands", insert instead
"Minister for Lands".
(b) Section 2 2 —
Omit "Crown land", insert instead "Crown lands".
(c) Section 2 2 —
Omit "of 1 9 0 1 " , insert instead ", 1 9 0 1 " .
(b) Section 2 2 —
Omit "or any Act amending the same,".
SCHEDULE 8—continued.
A M E N D M E N T S TO THE FORESTRY A C T , 1916, BY WAY OF STATUTE L A W REVISION—continued.
(17) (a) Section 2 4 — Omit "of 1901", insert instead ", 1901".
(b) Section 24—
Omit "or any Act amending the same,".
(18) Section 25 ( 1 ) — Omit "Secretary for Lands" wherever occurring, insert instead "Minister for Lands".
(19) Section 25A ( 2 ) —
Omit "Secretary for Lands", insert instead "Minister for Lands".
(20) Section 2 5 c — Omit "of 1901" wherever occurring, insert instead
", 1901".(21) Section 25i (2 ) (a ) ( i i ) —
Omit "of 1901", insert instead ", 1901".
(22) Section 27 (3) ( a ) ( i i ) — Omit "Mining Act, 1906, or any tenure granted under that Act", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973, or any tenure granted under either of those Acts".
SCHEDULE 8—continued.
| A M E N D M E N T S | TO THE FORESTRY | A C T , | 1 9 1 6 , BY WAY OF |
STATUTE L A W REVISION—continued.
| (23) | (a ) Section 31 ( 3 ) — |
Omit "Crown land", insert instead "Crown lands".
(b ) Section 31 ( 3 ) — Omit "Secretary for Lands", insert instead
"Minister for Lands".
(c) Section 31 ( 4 ) — Omit "of 1901", insert instead ", 1901".
(24) (a ) Section 33A (1) (a) —
Omit ", as subsequently amended".
(b) Section 33A ( 3 ) — Omit "as subsequently amended".
| (25) (a ) Section 36— |
Omit "For the purpose of carrying out the pro vision 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.".
S C H E D U L E 8—continued.
A M E N D M E N T S TO THE FORESTRY A C T , 1916, BY WAY OF STATUTE L A W REVISION—continued.
(b) Section 36 (2) —
At the end of section 36, insert :—
(2) For the purposes of subsection ( 1 ) ,
a member of the police force and a person authorised by the commission under that sub section shall have the same powers as he would have if he were an occupant within the meaning of the Impounding Act, 1898, and the animals were trespassing on his land.
(26) Section 4 2 — Omit the section, insert instead :— 42. Section 41 of the Interpretation Act, 1897, applies in respect of a regulation as if this Act had been passed after the commencement of the Interpreta tion (Amendment) Act, 1969.
(27) Section 43 (1) ( a ) —
Omit "Crown land", insert instead "Crown lands".
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