Sawmills Licensing Act Amendment Act of 1965 (Qld)

163 kkternslaitt ANNO QUARTO DECIMO ELIZ ABETHAE SECUNDAE REGINAE No. 11 of 1965 An Act to Amend " The Sawmills Licensing Act of 1936" in certain particulars [ASSENTED TO 21ST APRIL, 1965] 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 foilows:- 1. Short title . (1) This Act may be cited as " The Sawmills Licensing Act Amendment Act of 1965." (2) Principal Act. " The Sawmills Licensing Act of 1936 " is in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Sawmills Licensing Acts, 1936 to 1965."

154 Sawmills Licensa:g Act Amendment Act of 1965, No. I 1 2. Savings . Without limiting the provisions of " The Acts Interpretation Acts, 1954 to 1962 "-- (a) all actions and proceedings of whatever nature under any provision of the Principal Act and commenced or pending as at the commencement of this Act may be carried on and prosecuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained; (b) every investigation and inquiry commenced under any provision of the Principal Act as at the commencement of this Act may be continued and concluded as if this Act had not come into operation, and any offence against any provision of the Principal Act committed prior to the commencement of this Act may be investigated and prosecuted, and any penalties may be imposed and enforced with respect thereto in all respects as if this Act had not come into operation. 3. Amendments of s. 2. Section two of the Principal Act is amended by- (a) omitting the definition " Board " and inserting in its stead the following definition:- " Cerrttiiffiiccaatete of exemption "-A certificate of exemption and any renewal thereof issued under this Act and in force at any material time : Any terms and conditions attached under this Act to any certificate of exemption shall be regarded as forming part of that certificate;"; (b) inserting after the definition " Company " the following definition :- " " Conservator of Forests "-The Conservator of Forests under " The Forestry Acts, 1959 to 1964 " ;" ; (c) omitting the definition " Forest officer " and inserting in its stead the foilowing definition:- Forest officer "-A Commissioner, land agent, or land ranger within the meaning of " The Land Acts. 1962 to 1965," a forest officer within the meaning of " The Forestry Acts, 1959 to 1964," or any person duly authorised by the Minister to exercise for the time being any of the powers which by the authority of this Act may be exercised by a forest officer;"; (d) omitting the definition " Fuel mill "; (e) omitting the definition " License " and inserting in its stead the following definitions:- " " License "-A license and any renewal thereof issued under this Act and in force at any material time: Any terms and conditions attached under this Act to any license shall be regarded as forming part of that license: The term includes a transferred license; "; Licensee "-The holder of a license; "; " " Log "-Any felled tree or part thereof (including the stump of any felled tree): The term does not include any piece of timber which has been sawn longitudinally along the full length of one or more of its surfaces by being moved against a saw ; ";

Sawmills Licensing Act Amendment Act of 1965, Vo. 1165 (j) omitting the definition " Maximum productive capacity" and inserting in its stead the following definition: - Maximum productive capacity "-The volume of logs endorsed on the license issued with respect to a sawmill as the maximum volume of logs to be sawn, cut, peeled, sliced or otherwise processed by the sawmill in each period of three calendar months ending on the last day of March, June, September. or December in each year: For the purposes of this definition the volume of a log shall be its net volume; "; (g) omitting the definition " Minister " and inserting in its stead the following definition:- Minister "-The Minister for Local Government and Conservation or other Minister of the Crown for the time being charged with the administration of this Act: The term includes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of this Act; "; (h) omitting the definition " Prescribed "; (i) omitting the definition " Regulations "; (j) omitting the definition " Sawmill " and inserting in its stead the following definitions:- Sawmill "-Any unit of machinery, equipment or plant used or so assembled as to be capable (either with or without the addition of a power supply unit) of being used for any or all of the following, that is to say:- (i) the sawing or cutting of logs into flitches, planks, boards, scantlings or any other form of sawn or cut timber; (ii) the peeling or slicing of logs into veneers; (iii) the processing of logs into woodwool, chipboard, woodpulp or any other form of product whatsoever, and any land, building , premises or place in or upon which the whole or any part of such unit of machinery, equipment or plant is placed, installed or situated, or which is used for purposes incidental to, consequent upon or connected with the uses abovementioned : The term does not include- (a) any unit of machinery, equipment or plant used solely for- (i) the dressing, planing, moulding or resawing. of timber; or (ii) the sawing or cutting of logs into fuel; or (b) any chain saw or portable power-driven crosscut or circular saw which is used otherwise than for the sawing of logs across a bench; "; " " Unrestricted capacity "-That part of the maximum productive capacity of a licensed sawmill which is not the subject of an endorsement on or condition of the license therefor restricting its use to the sawing , cutting , peeling, slicing or otherwise processing logs of a restricted description or origin or for a specific purpose ;" ;

166 Sawmills Licensing Act Amendment Act of 1965, No. 1 1 Volume of a log "-The volume of a log calculated in superficial feet using the Hoppus formula, that is to say, by multiplying the square of one quarter of the centre girth of the log (excluding the bark) measured in inches by the length of the log measured in feet, and dividing the result by twelve."; and (k) omitting the definition " This Act ". 4. Repeal of and new s . 3. Section three of the Principal Act is repealed and the following section inserted in its stead " [3.] Sawmills to be licensed . (1) No person shall, unless he is the holder of a license, erect or cause to be erected or utilise or cause to be utilised any sawmill. Any person who contravenes the provisions of this subsection shall be guilty of an offence and shall be liable, in the case of a company, to a penalty not exceeding one thousand pounds, and in any other case to a penalty not exceeding two hundred and fifty pounds, and in addition shall be liable, in the case of a compan}, to a daily penalty not exceeding two hundred and fifty pounds, and in any other case to a daily penalty not exceeding twenty-five pounds, for each and every day during which such offence is continued after a conviction therefor. (2) Where a forest officer is of opinion that an offence against subsection (1) of this section is being committed he may by notice in writing require the person concerned to cease committing such offence, and any person so required shall, on conviction for such offence, be liable, in addition to the penalties provided in subsection (1) of this section, to the appropriate daily penalty provided in that subsection for each and every day during which such offence was continued after the receipt of such notice and prior to the conviction for such offence. (3) Notwithstanding anything in this section it shall not be an offence to utilise any unit of machinery equipment or plant during the period of three months from the date of the passing of " The Sawmills Licensing Act Amendment Act of 1965," for the processing of logs into woodwool, chipboard, woodpulp, pulpwood chips or wood fibreboard: Provided that such unit of machinery equipment or plant had been so utilised at any time during the period of six calendar months prior to the said date and provided also that such unit of machinery equipment or plant remains at the site at which it was located at the said date." 5. Repeal of s. 4 . Section four of the Principal Act is repealed. 6. Repeal of and new s . 5. Section five of the Principal Act is repealed and the following section inserted in its stead:- "[5.] Licenses . (1) (a) An application for a license to erect and utilise, or to erect. or to utilise a sawmill shall be made to the Conservator of Forests in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (b) Any applicant for a license as aforesaid shall furnish such information as the Conservator of Forests may consider necessary and relevant to the application. (c) The Conservator of Forests shall refer such application to the Minister with such recommendation in respect thereto as he sees fit.

Sawmills Licensing . qc: Amendment 4ct of 1965, N o. it 1 167 (2) (a) The Minister may. in his absolute discretion, grant or refuse any application for a license under this section and, if ne grants such application. may grant the same subject to such terms and conditions (if any) as he sees fit. (h) Where the Minister grants an application for a license under This section, subject to any terms and conditions, such terms and conditions shall be attached to the license. (c) The Minister may, during the currency of a'.icense, revoke or vary any terms and conditions to which the license is subject, or may subject the license to any terms or conditions, whether as addition to or substitution for the terms and conditions, if any, to which the license is already subject. In the event of the Minister making any such revocation or variation or attaching any new terms and conditions as aforesaid, the Conservator of Forests shall, by notice in writine, inform the licensee concerned of the decision of the Minister in that regard. Any such revocation or variation, and any such new terms and conditions shall take effect as and from the date of the receipt by such licensee of such notice. (d) The Minister may, in imposing any terms and conditions under paragraph (a) of this subsection, or in exercising any powers under paragraph (c) of this subsection, have regard to any recommendation with respect thereto made by the Conservator of Forests. (3) Any license granted under this section shall be in or to the effect of the prescribed form and shall be subject to such terms and conditions as are attached to such license. (4) Any license in force immediately prior to the date of the passing of " The Sawmills Licensing Act Amendment Act of 1965," shall be deemed to have been eranted in accordance with the provisions of this section, subject to the terms and conditions (if any) endorsed upon such license, and those terms and conditions (if any) shall for all the purposes of this Act be deemed to have been duly attached to the license in accordance with this section. (5) Any licensee who erects, or causes to be erected, or utilises, or causes to be utilised. any sawmill contrary to any term or condition attached or deemed to be attached to the license granted with respect to that sawmill shall be guilty of an offence and shall be liable to a penalty not exceeding fifty pounds. 7. Amendment of s. 6 . Section six of the Principal Act is amended by omitting subsection ( 2) and inserting in its stead the following subsections:- " (2) (a) Every licensee who desires to obtain a renewal of his license shall lodge with the Conservator of Forests an application for such renewal. Such application shall be in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (b) Any applicant for renewal of a license as aforesaid shall furnish such information as the Conservator of Forests may consider necessary and relevant to the application.

168 Sawmills Licensing Act Amendment Act of 1965, No. 11 (3) The Conservator of Forests may- (a) grant such application; or (b) recommend to the Minister the refusal of such application. Upon the receipt by the Minister of a recommendation of the Conservator of Forests as aforesaid, the Minister may, in his absolute discretion, grant or refuse such application. (4) Except as hereinafter provided, the renewal of a license shall take effect on and from the date of expiry of the license and shall, subject to this Act, expire on the thirtieth day of September next following. (5) Where an application for renewal of a license is received by the Conservator of Forests after the date of the expiry thereof, the application shall be dealt with in accordance with the provisions of subsection (3) of this section: Provided that if such application is granted th;, renewal of such license shall take effect on and from the date of the grant of such application, and the applicant therefor shall be deemed to be unlicensed with respect to the period following the date of expiry of the license and prior to the date of the grant of such application, but any such renewal shall expire on the thirtieth day of September next following. (6) A license may from time to time be further renewed in like manner as hereinbefore provided in this section, and the provisions of this section shall apply with respect thereto." 8. Repeal of s. 7. Section seven of the Principal Act is repealed. 9. Repeal of s. 8 . Section eight of the Principal Act is repealed. 10. R:.,..., of and new s . 9. Section nine of the Principal Act is repealed and the following section inserted in its stead:- " [9.] (1) Endorsement of license . Every license shall have endorsed thereon- (al the site of the sawmill with respect to which the license is granted : and (b) the maximum productive capacity of such sawmill. (2) Alteration of site or maximum productive capacity . The Minister, on the recommendation of the Conservator of Forests. ma, from time to time approve of- (a) the removal of such sawmill to any other site: or (h) and increase in the maximum productive capacity of such sawmill. In the event of any such approval as aforesaid, the Conservator of Forests shall. b% notice in writing, inform the licensee concerned of such approval. An\ such approval shall take effect as and from the date of the receipt b\ the licensee of such notice. and the license in question shall, as and from such date and until the same is re-endorsed in accordance with such approval. be deemed for all the purposes of this Act to he endorsed in all respects in accordance with such approva" (3) Notwithstanding anvthinc in this Act. the maximum productive capacitc of anti sawmill! with respect to which a license was in force immediaiel\ prior to the date of the passing of " Tt Sm' mil;,c Licensing

Sawmills Licensing Act Amendment Act of 1965, No. ; 1 169 Act Amendment Act of 1965," shall, as at that date and thereafter until the maximum productive capacity of that sawmill is altered by the Minister pursuant to the powers contained in subsection (2) of this section, be- (a) where such sawmill was licensed prior to the first day of January, one thousand nine hundred and sixty- (i) the maximum productive capacity of that sawmill endorsed, as at the date of the passing of " The Sawmills Licensing Act Amendment Act of 1965 ," on the license held with respect to that sawmill multiplied by sixty; or (ii) the greatest volume of logs sawn , cut, peeled ; sliced or otherwise processed in any one period of three calendar months ending on the last day of March , June , September or December in any year during the period between the first day of January, one thousand nine hundred and sixty, and the last day of September , one thousand nine hundred and sixty-four ( which volume of logs shall be ascertained from t he returns submitted under this Act prior to the first day of March , one thousand nine hundred and sixty-five, in relation to that sawmill with respect to such lastmentioned period ) together with ten per centum thereof, whichever is the lesser : Provided that if the maximum productive capacity of a sawmill as at the date of the passing of " The Sawmills Licensing Act Amendment Act of 1965," is the result of a prior amalgamation between the first day of January, one thousand nine hundred and sixty, and the last day of September, one thousand nine hundred and sixty - four , of two or more licensed sawmills then the returns in relation to all the licensed sawmills which took part in the amalgamation shall be used to ascertain the greatest volume of logs sawn , cut, peeled, sliced or otherwise processed in accordance with this section and provided also that if the whole or any part of maximum productive capacity of a sawmill at the date of the passing of " The Sawmills Licensing Act Amendment Act of 1965," was licensed as a condition of an auction sale or sales of Crown timber, then the maximum productive capacity of such sawmill under this Act shall not be reduced below sixty times the maximum productive capacity endorsed or. the license as such a condition of a sale or sales and any restriction on the origin of logs to be sawn , cut, peeled , sliced or otherwise processed which was a condition of such license shall continue to apply; (b) in all other cases , the maximum productive capacity of that sawmill endorsed , as at the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," on the license held with respect to that sawmill , multiplied by sixty. (4) The maximum productive capacity of any licensed sawmill as calculated in accordance with the provisions of this section shall be increased to such extent as may be necessary to define such capacity as a unit or a multiple of one thousand superficial feet: Provided that the unrestricted capacity of any sawmill the license for which has been endorsed to the effect that part of its licensed capacity has been licensed for the sawing , cutting, peeling , slicing or otherwise processing of log timber of a specified description or origin or for a specified purpose shall not under the provisions of this section exceed

170 Sawmills Licensing Act Amendment Act of 1965, No. 1 1 the unrestricted capacity as at the date of the passing of " The Sawmills Licensing Act Amendment Act of 1965," of such sawmill multiplied by sixty, plus such adjustment as may be necessary to define unrestricted capacity as a unit or multiple of one thousand superficial feet. (5) For the purposes of this section the volume of a log shall be its net volume. (6) A new license issued in substitution for a license or licenses, formerly existing, shall be deemed to be a continuation of the same license or licenses. (7) The license granted with respect to any sawmill referred to in this section shall, as at and from the date of the passing of " The Sawmills Licensing Act Amendment Act of 1965," and until such license is re-endorsed accordingly , be deemed to have endorsed thereon the maximum productive capacity of such sawmill calculated in accordance with the provisions of this section." 11. Repeal of and new s. 10. Section ten of the Principal Act is repealed and the following section inserted in its stead:- " [10.] Penalt y for unauthorised removal from site or increase in maximum productive capacity . (1) Any person who- (a) at any time utilises or causes to be utilised any sawmill upon any site other than the site endorsed or deemed to be endorsed on the license granted with respect to that sawmill; or (h) in respect of any period of three calendar months ending on the last day of March, June, September, or December in any year utilises or causes to be utilised any sawmill to saw, cut. peel, slice or otherwise process a volume of logs greater than the maximum productive capacity endorsed or deemed to be endorsed on the license granted with respect to that sawmill, shall be guilty of an offence. An\ person guilty of an offence against this subsection shall be liable, in the case of a compan, to a penalty not exceeding five hundred pounds, and in an other case to a penalty not exceeding one hundred pounds. and, in respect of an offence referred to in paragraph (a) of this subsecuon, shall be liable in addition, in the case of a company, to a daily penalty not exceeding one hundred pounds, and in any other case to a daily penalty not exceeding twenty-five pounds. for each and even day during which such offence is continued after a conviction therefor. (2) Where a forest officer is of opinion that an offence referred to in paragraph (a) of subsection (1) of this section is being committed he may by notice in writing require the person concerned to cease committing such (.)lfence. and any person so required shall, upon conviction for such offence. be liable, in addition to the penalties provided in subsection (1 of this section. to the appropriate daily penaitn provided in that subsection for each and every day during which such offence was continued after the receipt of such notice and prior to the conviction for such offence."

Sawmills Licensing AC! Amendment Act of 1965, No. 11 1"! 12. Repeal of s. 11. Section eleven of the Principal Act is repealed. 13. Repeal of and new s. 12. Section twelve of the Principal Act is repealed and the following section inserted in its stead:- " [12.] License or certificate of exemption to be produced , &c. Any licensee and any holder of a certificate of exemption, and any person who has in his possession a license or a certificate of exemption shall- (a) upon demand produce such license or certificate, as the case may be, to a forest officer; (b) where such license or certificate has expired or been cancelled, or such license requires re-endorsement consequent upon any approval of the Minister under subsection (2) of section nine of this Act, or by virtue of the provisions of subsection (3) of that section, upon demand made by notice in writing by the Conservator of Forests, deliver up to the Conservator of Forests such license or certificate, as the case may be, within such period and at such place as the Conservator of Forests may specify in such notice. Any person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence and shall be liable to a penalty not exceeding fifty pounds." 14. Repeal of and new s. 13. Section thirteen of the Principal Act is repealed and the following section inserted in its stead :- " [13.] Transfer of licenses . (1) A license may be transferred by the licensee upon his lodging the transfer for registration at the office of the Conservator of Forests within thirty days after the date of such transfer: Provided that- (a) where the proposed transferee is a person who previously held a license at the time when such license was cancelled; or (b) where the Conservator of Forests is not satisfied that the machinery, equipment or plant to which the license relates is being bona fide transferred to the transferee, the Conservator of Forests may, in his absolute discretion, refuse to register such transfer. (2) A transfer of a license shall be in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (3) A licensee who lodges a transfer of a license under this section shal! furnish such information as the Conservator of Forests may consider necessary and relevant to the transfer, or for the purpose of enabling the Conservator of Forests properly to consider whether or not he should refuse to register such transfer. (4) A transfer of a license shall be of no effect whatsoever unless and until the same is registered by the Conservator of Forests." 15. Repeal of and new s. 14. Section fourteen of the Principal Act is repealed and the following section inserted in its stead :- " [14.] Returns . Every licensee and every person to whom a certificate of exemption has been issued under this Act shall keep or cause to be kept such books and records as may from time to time be prescribed, and shall furnish to the Conservator of Forests such returns as may from time to time be prescribed.

172 Saw ntills Licensing Act Amendment Act of ) 965, No. I I Any person who fails duly to furnish any return as aforesaid shall be guilty of an offence and shall be liable to a penalty not exceeding fifty pounds." 16. Repeat of and new s . 15. Section fifteen of the Principal Act is repealed and the following section inserted in its stead:- " [15.] Exemptions . (1) (a) The Minister may, upon the recommendation of the Conservator of Forests, exempt from any of the provisions of this Act any person who satisfies the Conservator of Forests that no part of any timber to be sawn, cut, peeled, sliced, or otherwise processed by such person upon any land, building, premises, or place, is intended for sale. (b) An application for exemption under this section shall be in or to the effect of the prescribed form and accompanied by the prescribed fee. (c) Any applicant for exemption as aforesaid shall furnish such information as the Conservator of Forests may consider necessary and relevant to the application. (2) (a) The Minister may grant an exemption under this section subject to such terms and conditions (if any) as he sees fit. (b) Where the Minister grants an exemption under this section subject to any terms and conditions, such terms and conditions shall be attached to the certificate of exemption. (c) The Minister may, during the currency of a certificate of exemption, revoke or vary any terms and conditions attached to such certificate. or attach new terms and conditions to such certificate. n the event of the Minister making any such revocation or variation or attaching any new terms and conditions as aforesaid, the Conservator of Forests shall, by notice in writing, inform the holder of the certificate of exemption concerned of the decision of the Minister in that regard. Any such revocation or variation and any such new terms and conditions shall take effect as and from the date of the receipt by such holder of such notice. (d) The Minister may. in imposing any terms and conditions under paragraph (a) of this subsection, or in exercising any powers under paragraph (c) of this subsection, have r: Bard to an recommendation with respect thereto made by the Conservator of Forests. .An"\ certificate of exemption granted -under this section shall be in or to the effect of the prescribed form, shall specify the site of the sawmill in question, and shall be subject to such terms and conditions as are attached to such certificate. (3) .An certificate of exemption in force immediately prior to the date of the passing of " The Sa i'mills Licensing Act Amendmett Act of 1965." shall be deemed to have been granted in accordance with the pros sions of this section. subject to the terms and conditions (if any) endorsed upon such certificate, and those terms and conditions (if anyi shad for all the purposes of this Act be deemed to have been dul\ attached to such certificate in accordance with this section. 4^ Subject to this Act. an\ certificate of exemption granted by the Minister shall take effect as from the date of the issue thereof and snali expire on the thirty-first day of December next foliowing. r5i tai Even holder of a certificate of exemption who desires to oDlain a :ene^al of such certificate shall lodge with the Conservator of fores?^ air application for suer renetia.

Sawmill s Licensing Act Amendment Act of 1965, Nc 1 1 173 Such application shall be in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (b) Any application for renewal of a certificate of exemption as aforesaid shall furnish such information as the Conservator of Forests may consider necessary and relevant to the application. (6) The Conservator of Forests may- (a) grant such application; or (h) recommend to the Minister the refusal of such application. Upon receipt by the Minister of a recommendation of the Conservator of Forests as aforesaid the Minister may, in his absolute discretion, grant or refuse such application. (7) Except as. hereinafter provided, the renewal of a certificate of exemption shall take effect on and from the date of expiry of such certificate and shall, subject to this Act, expire on the thirty-first day of December next following. (8) Where an application for renewal of a certificate of exemption is received by the Conservator of Forests after the date of the expiry thereof, the application shall be dealt with in accordance with the provisions of subsection (6) of this section: Provided that, if such application is granted, the renewal of such certificate shall take effect on and from the date of the grant of such application, and the applicant therefor shall be deemed not to be exempted from any of the provisions of this Act with respect to the period following the date of expiry of such certificate and prior to the date of the grant of such application, but any such renewal shall expire on the thirty-first day of December next following. (9) A certificate of exemption may from time to time be further renewed in like manner as hereinbefore provided in this section and the provisions of this section shall apply with respect thereto. (10) Any person to whom a certificate of exemption has been granted under this Act who-- (a) during the currency of such certificate (including any renewal thereof) utilises or causes to be utilised the sawmill referred to in such certificate- (i) for the purpose of sawing, cutting, peeling, slicing, or otherwise processing any timber for or in expectation of any fee or reward; or (ii) at any place other than the site of such sawmill specified in such certificate; or (b) at any time sells any timber which was, during the currency of such certificate (including any renewal thereof), sawn, cut, peeled, sliced, or otherwise processed at the sawmill referred to in such certificate, shall be guilty of an offence. Any person guilty of an offence against this subsection shall be liable, in the case of a company, to a penalty not exceeding five hundred pounds, and in any other case to a penalty not exceeding one hundred pounds, arid, in respect of an offence referred to in paragraph (a) of this subsection. shall be liable in addition, in the case of a company. to a daily penalty not exceeding one hundred pounds, and in any other case to a daily penalty not exceeding twenty pounds, for each and every day during which such offence is continued after a conviction therefor.

174 Sawmills Licensing Act Amendment Act of 1965, No. 11 (11) Any person to whom a certificate of exemption has been issued under this Act who, during the currency of such certificate ( including any renewal thereof"), utilises or causes to be utilised the sawmill referred to in such certificate contrary to any term or condition attached or deemed to be attached to such certificate shall be guilty of an offence and liable to a penalty not exceeding fifty pounds. (12) Where a forest officer is of opinion that an offence referred to in paragraph (a) of subsection (10) of this section is being committed he may by notice in writing require the person concerned to cease committing such offence, and any person so required shall, on conviction for such offence, be liable, in addition to the penalties provided in subsection (10) of this section, to the appropriate daily penalty provided in that subsection for each and every day during which such offence was continued after the receipt of such notice and prior to the conviction for such offence." 17. Amendments of s. 16 . Section sixteen of the Principal Act is amended by- (a) in the first paragraph- (i) omitting the words " the maximum productive capacity thereof " and inserting in their stead the words " the volume of logs sawn, cut, peeled, sliced, or otherwise processed at such sawmill in any period or periods of three caiendai months ending on the last day of March, June, September, or December, in any year."; and (ii) inserting after the word " books " where that word twice appears, the words " and records "; and (b) omitting the second paragraph and inserting in its stead the following paragraph:- "Any person who hinders or obstructs any forest officer in the exercise of any power conferred by this section, or who refuses or unduly delays to a forest officer entrance to any sawmill, or refuses or fails to produce to such forest officer any of the books and records as aforesaid, or to answer any question relating to such sawmill or any plant, machinery. or equipment thereon, or the volume of logs sawn, cut, peeled, sliced, or otherwise processed at such sawmill in any period or periods of three calendar months ending on the last day of March, June, September, or December, in any year, or such books or records, or who wilfully gives any false answer to any such question shall be guilty of an offence." 18. New &s. 16A, 16B and 16C. The following sections are inserted after section sixteen of the Principal Act:- " [16A.] Cancellation of license or certificate of exemption . (a) If the Conservator of Forests is at any time of the opinion that any person who holds a license or a certificate of exemption 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 give notice in writing to the said person requiring him, within the period stated in the notice, to show cause why such license or certificate should not be cancelled. (b) 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 shall, whether cause is shown or not, report in writing on the matter to the Minister who, if he is satisfied, upon

Sawmills Licensing Act Amendment Act of !965. No. 1 1 175 consideration of such report, that the said 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, may cancel such license or certificate, and thereupon such person shall cease to be so licensed or so exempted. [16a.] Service of notice in writing . Any notice in writing authorised or permitted by this Act to be given to any person may be given personally or sent by registered post or, where the whereabouts of the person concerned are unknown to the person giving the notice, by notice published in some newspaper circulating in the locality wherein the sawmill in question is situated, or wherein is situated the last known place of residence of the person concerned. Where the notice is sent by registered post it shall be deemed to have been received by the person to whom it was addressed at the time when it would have been delivered at the place to which it was addressed in the ordinary course of post. Where the notice is published in a newspaper it shall be deemed to have been received by the person concerned when that newspaper is published notwithstanding that such newspaper may be circulated in the locality aforesaid at some later time. (16C.] Refusal to furnish information . Any person who, when required by or under this Act to furnish any information- (i) fails to furnish such information; or (ii) furnishes any information which is, to his knowledge, false or misleading in any respect, shall be guilty of an offence, and shall be liable to a penalty not exceeding fifty pounds." 19. Amendments of s. 18 . Section eighteen of the Principal Act is amended by- (a) in subsection (2) omitting the words " six months ", where those words first occur, and inserting in their stead the words " one year "; (b) adding to subsection (3) the following paragraphs:-- (e) A document purporting to be a duplicate or a copy of a license or certificate of exemption issued under this Act shall, upon its production in evidence, be sufficient evidence of that license or certificate as the case may be. (f) A certificate under the hand of the Conservator of Forests that on any date or during any period mentioned in the certificate any person was the holder of a license or a certificate of exemption or that certain terms and conditions were attached to a license or a certificate of exemption shall, upon its production in evidence and until the contrary is proved, be sufficient evidence of the matters stated therein. For the purposes of this subsection the signature of the Conservator of Forests shall be judicially noticed." 20. Amendments of s. 19. Section nineteen of the Principal Act is amended by, in subsection (1)-- (a) omitting paragraphs (a), (h) and (c) and inserting in their stead the following paragraphs:- (a) Applications under this Act, and the registration of transfers of licenses:

176 Sawmills Licensing Act Amendment Act of 1965, No. 1 I (b) The fees payable under this Act (which fees may differ with respect to different matters or things or classes of matters or things) and the classes of matters or things in respect of which such fees shall be paid; the persons by whom and the places and times where and when such fees shall be paid; (c) The forms under this Act and the purposes respectively for which such forms shall be used; "; (b) omitting paragraph (f); (c) renumbering paragraph (g) as paragraph (f) ; and (d) omitting in paragraph (h) the words " fifty pounds " and inserting in their stead the words " one hundred pounds "; and renumbering paragraph (h), as so amended, as paragraph (g). 21. Amendment of s. 20 . Section twenty of the Principal Act is amended by omitting the fifth paragraph, being the paragraph commencing with the words "All such Orders in Council ", and inserting in its stead the following paragraph :- " Every Order in Council and regulation made under this Act shall be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session , and if not, then within fourteen sitting days after the commencement of the next session."