Nature Conservation (Amendment) Act 1995 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Nature Conservation (Amendment) Act
1995

No. 30 of 1995

An Act to amend the Nature Conservation Act 1980

[Notified in ACT Gazette S243: 3 October 1995]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Nature Conservation (Amendment)  Act 1995.

Commencement

2.  (1)  Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.

(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

Principal Act

3.  In this Act, “Principal Act” means the Nature Conservation Act 1980.1

Preservation of native timber

4.  Section 43 of the Principal Act is amended—

(a)by omitting subsection (1) and substituting the following subsection:

“(1)  A person shall not, without reasonable excuse—

(a)fell, or cause to be felled; or

(b)damage, or cause to be damaged;

standing native timber on unleased land in the built-up area, or leased or unleased land outside the built-up area, except in accordance with a licence.

Penalty:  50 penalty units.”;

(b)by inserting in subsection (3) “on unleased land in the built-up area, or leased or unleased land outside the built-up area,” after “timber”;

(c)by omitting the penalty provision at the foot of subsection (3) and substituting the following penalty provision:

“Penalty:  50 penalty units.”; and

(d)by adding at the end of subsection (4) the following penalty provision:

“Penalty:  50 penalty units.”.

Review of Conservator’s decisions

5.  Section 74 of the Principal Act is amended by inserting in paragraph (a) “or 49” after  “47”.

NOTES

Principal Act

1. Reprinted as at 31 January 1994.  See also Acts Nos. 56, 60, 81, 97 and 110, 1994.

Penalty units

See section 33AA of the Interpretation Act 1967.

[Presentation speech made in Assembly on 24 August 1995]

©  Australian Capital Territory 1995