QLDIn ForceAct
Forestry Act 1959
sec.18AGeneral powers of plantation officers
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### sec.18A General powers of plantation officers
A plantation officer may exercise power under this Act, including under a delegation, only for the licence area for which the plantation officer is appointed.
A plantation officer may—
take away and dispose of a notice in the licence area that has not been authorised by the chief executive for the licence area; and
require the production of any licence, permit, or other authorisation under which a person claims to be entitled to conduct an activity in the licence area that the person is conducting and inspect, examine, and take copies of the authorisation; and
require the name and address of a person the plantation officer finds committing, or whom the plantation officer reasonably suspects of having committed, an offence against this Act in the licence area.
The officer’s powers may be limited by—
the officer’s instrument of appointment; or
a signed notice given to the officer; or
a regulation.
A person who fails to comply with a requirement lawfully given or made by a plantation officer under subsection (2) without a reasonable excuse commits an offence.
Maximum penalty—100 penalty units.
A person who is required under subsection (2) (c) to state the person’s name or address must not, without a reasonable excuse, state a false name or address.
Maximum penalty—100 penalty units.
A person does not commit an offence against subsection (4) if the person is not proved to have committed the offence he or she was allegedly found committing or suspected of having committed.
Subsections (1) and (2) do not limit the powers of a forest officer under this Act.
In this section—
commit , an offence, includes attempt to commit an offence.
licence area includes part of the licence area.
State forest includes part of the State forest.
s 18A ins 2010 No. 12 s 20
amd 2014 No. 41 s 6
(sec.18A-ssec.1) A plantation officer may exercise power under this Act, including under a delegation, only for the licence area for which the plantation officer is appointed.
(sec.18A-ssec.2) A plantation officer may— take away and dispose of a notice in the licence area that has not been authorised by the chief executive for the licence area; and require the production of any licence, permit, or other authorisation under which a person claims to be entitled to conduct an activity in the licence area that the person is conducting and inspect, examine, and take copies of the authorisation; and require the name and address of a person the plantation officer finds committing, or whom the plantation officer reasonably suspects of having committed, an offence against this Act in the licence area.
(sec.18A-ssec.2A) The officer’s powers may be limited by— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.
(sec.18A-ssec.3) A person who fails to comply with a requirement lawfully given or made by a plantation officer under subsection (2) without a reasonable excuse commits an offence. Maximum penalty—100 penalty units.
(sec.18A-ssec.4) A person who is required under subsection (2) (c) to state the person’s name or address must not, without a reasonable excuse, state a false name or address. Maximum penalty—100 penalty units.
(sec.18A-ssec.5) A person does not commit an offence against subsection (4) if the person is not proved to have committed the offence he or she was allegedly found committing or suspected of having committed.
(sec.18A-ssec.6) Subsections (1) and (2) do not limit the powers of a forest officer under this Act.
(sec.18A-ssec.7) In this section— commit , an offence, includes attempt to commit an offence. licence area includes part of the licence area. State forest includes part of the State forest.
- (a) take away and dispose of a notice in the licence area that has not been authorised by the chief executive for the licence area; and
- (b) require the production of any licence, permit, or other authorisation under which a person claims to be entitled to conduct an activity in the licence area that the person is conducting and inspect, examine, and take copies of the authorisation; and
- (c) require the name and address of a person the plantation officer finds committing, or whom the plantation officer reasonably suspects of having committed, an offence against this Act in the licence area.
- (a) the officer’s instrument of appointment; or
- (b) a signed notice given to the officer; or
- (c) a regulation.