Sawmills Licensing Act Amendment Act 1990 (Qld)

1107 SAWMILLS LICENSING AM AMENDMENT ACT ANAL YSIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 2. Interpretation 5. Amendment of s. 5. Licenses 6. Amendment of s. 6. Duration of license 7. Amendment of s. 9. Endorsement of license 8. Amendment of s. 12. License or certificate of exemption to be produced, etc. 9. Amendment of s. 15. Exemptions 10. Amendment of s. 16A. Cancellation of license or certificate of exemption 11. Amendment of s. 18. Proceedings in summary way 12. Amendment of s. 19. Regulations 13. Amendments relating to penalties ueeuslaub ANNO TRICESIMO MONO EL,IZABET AE SECUNDAE R E G INAE No. 2 of 1990 An Act to amend the Sawmills LicensingAct 1936-1979 to empower the Conservator of Forests to administer the licensing of sawmills and for other purposes [ASSENTED TO 18TH SEPTEMBER, 1990]

1108 Sawmills Licensing Act Amendment Act 1990, No. 62 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as the Sawmills Licensing Act Amendment Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act or those as may be specified, commence on a day or days to be appointed by Proclamation. 3. Citation . ( 1) In this Act the Sawmills LicensingAct 1936-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Sawmills LicensingAct 1936-1990. 4. Amendment of s. 2 . Interpretation . Section 2 of the Principal Act is amended- (a) by omitting the definition "Forest officer" and substituting the following definition:- {, " "Forest officer"-A forest officer within the meaning of the Forestry Act 1959-1990;"; (b) by omitting the definition "Minister". 5. Amendment of s. 5. Licenses . Section 5 of the Principal Act is amended- (a) in subsection (1), by omitting paragraph (c); (b) in subsection (2)- (i) in paragraphs (a) and (b), by omitting the word "Minister" and substituting the words "Conservator of Forests" in each case; (ii) in paragraph (c) (A) by omitting the words "The Minister" and substituting the words "The Conservator of Forests"; (B) by omitting all words from and including the words "In the event" to and including the words "in that regard." and substituting the following words:- "The Conservator of Forests shall, by notice in writing, inform the licensee concerned of any such revocation, variation or new terms and conditions."; (iii) by omitting paragraph (d).

Sawmills Licensing Act Amendment Act 1990, No. 62 1109 6. Amendment of s. 6. Duration of license . Section 6 of the Principal Act is amended- (a) in subsection (1), by omitting the word " Minister" and substituting the words " Conservator of Forests"; (b) by omitting subsection ( 3) and substituting the following subsection:- "(3) The Conservator of Forests may grant or refuse an application for renewal of a license.". 7. Amendment of s. 9. Endorsement of license . Section 9 of the Principal Act is amended in subsection (2) by omitting the words "Minister, on the recommendation of the". 8. Amendment of s. 12. License or certificate of exemption to be produced , etc. Section 12 of the Principal Act is amended in paragraph (b) by omitting the words "Minister under subsection (2) of section nine of this Act, or by virtue of the provisions of subsection (3) of that section" and substituting the words. "Conservator of Forests under section 9 (2) of this Act". 9. Amendment of s. 15. Exemptions . Section 15 of the Principal Act is amended- (a) in subsection (1), by omitting from paragraph (a) the words "Minister may, upon the recommendation of the Conservator of Forests," and substituting the words "Conservator of Forests may"; (b) in subsection (2)- (i) in paragraphs (a) and (b), by omitting the word "Minister" and substituting the words "Conservator of Forests" in each case; (ii) in paragraph (c)- (A) by omitting the words "The Minister" and substituting the words "The Conservator of Forests"; (B) by omitting all words from and including the words "In the event" to and including the words "in that regard." and substituting the following words:- "The Conservator of Forests shall, by notice in writing, inform the holder of the certificate of exemption of any such revocation, variation or new terms and conditions."; (iii) in paragraph (d), by omitting all words from and including the words "The Minister" to and including the, words "Conservator of Forests."; (c) in subsection (4), by omitting the word "Minister" and substituting the words "Conservator of Forests";

1110 Sawmills Licensing Act Amendment Act 1990, No. 62 (d) by omitting subsection (6) and substituting the following subsection:- "(6) The Conservator of Forests may grant or refuse an application for renewal of a certificate of exemption.". 10. Amendment of s. 16A. Cancellation of license or certificate of exemption . Section 16A of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:- "(b) If upon the expiration of the period stated in the notice to show cause or such further period as the Conservator of Forests may allow, the Conservator of Forests is satisfied that the person is not a fit and proper person to hold such license or certificate, or that for any other reason such license or certificate should be cancelled, the Conservator of Forests may cancel such license or certificate, and thereupon such person shall cease to be so licensed or so exempted.". 11. Amendment of s. 18 . Proceedings in summary way. Section 18 of the Principal Act is amended (a) in subsection (1), by omitting the word "Minister" and substituting the words "Conservator of Forests"; (b) in subsection (3), by omitting from paragraphs (b) and (c) the word "Minister" and substituting the words "Conservator of Forests" in each case. 12. Amendment of s. 19. Regulations . Section 19 of the Principal Act is amended in paragraph (d) of subsection (1) by omitting the word "Minister" and substituting the words "Conservator of Forests". 13. Amendments relating to penalties. The Principal Act is amended in the provisions and in the manner specified in the following Table:- Provision section 3 (1) section 5 (5) section 10 (1) section 12 TABLE Omit Substitute $4000 $1 000 where it twice occurs $100 $200 $2 000 $400 where it twice occurs $100 $200 200 penalty units 50 penalty units in each case 5 penalty units 25 penalty units 100 penalty units 50; penalty units in each case 5 penalty units 25 penalty units

Sawmills Licensing Act Amendment Act 1990, No. 62 1111 Provision section 14 section 15 (10) section 15 (11) section 16C section 17 section 19 (1) (g) Omit Substitute $200 $2000 $400 where it twice occurs $80 $200 $200 $200 $400 25 penalty units 100 penalty units 50 penalty units in each case 5 penalty units 25 penalty units 100 penalty units 50 penalty units 100 penalty units