47DSalvage of illegally harvested timber or native vegetation

47D Salvage of illegally harvested timber or native vegetation

[Section 47D Inserted by No. 23 of 1999, s. 37, Applied:01 Jul 1999]

(1)  [Section 47D Subsection (1) amended by No. 55 of 2004, s. 81, Applied:01 Jul 2005] [Section 47D Subsection (1) amended by No. 55 of 2004, s. 81, Applied:01 Jul 2005] [Section 47D Subsection (1) substituted by No. 35 of 2006, s. 12, Applied:30 Apr 2007] If a person is found guilty or convicted of an offence under section 17(4) , (5) or (5B) , section 18B , section 21(1) or section 41(5) in relation to any timber or threatened native vegetation, the Authority, notwithstanding that the timber or threatened native vegetation may have been harvested or cleared contrary to, or not in compliance with, the provisions of this Act or the Forest Practices Code, may allow another person to purchase or acquire that timber or threatened native vegetation.

(2)  [Section 47D Subsection (2) amended by No. 55 of 2004, s. 81, Applied:01 Jul 2005] In determining whether or not to exercise its power under subsection (1) the Authority may have regard to such matters as it thinks fit in the circumstances, but it must have regard to the following considerations:

(a) [Section 47D Subsection (2) amended by No. 35 of 2006, s. 12, Applied:30 Apr 2007] if the offender is the owner of the timber or threatened native vegetation –

(i) the seriousness of the offence and the offender's record of compliance with the Act and the Forest Practices Code; and

(ii) [Section 47D Subsection (2) amended by No. 55 of 2004, s. 81, Applied:01 Jul 2005] the amount of any financial benefit likely to accrue to the offender if the Authority exercises the power;