sec.53Interference with forest products on Crown holdings and particular entitlements

### sec.53 Interference with forest products on Crown holdings and particular entitlements A person must not— destroy a tree, or get other forest products or quarry material, on a Crown holding; or destroy a tree, or get other forest products or quarry material, on any lands, the property of the Crown, that are included in a lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act ; or destroy commercial species of timber on a lease subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994 ; otherwise than in accordance with a permit, lease, licence, agreement or contract granted or made under this Act, the Land Act 1962 , the Mining Acts, the Geothermal Act , the GHG storage Act or another Act. Maximum penalty— for a first offence—1,000 penalty units; and for a subsequent offence—3,000 penalty units. Subsection (1) does not apply if— the person is acting under the Biosecurity Act 2014 ; and that action destroys the tree or gets the other forest products; and the tree, or other forest products, is restricted matter. Where on any Crown holding the destruction of any tree or the getting of any other forest products or, as the case may be, any quarry material, is prohibited by this section, then the selector, lessee, or, as the case may be, holder of that Crown holding who allows or permits that prohibited act to be done shall be deemed for the purposes of this section to have done that act and proceedings may be taken against the person and the person shall be liable as if the person had destroyed that tree or got those other forest products or that quarry material, as the case may be, whether or not proceedings are taken against any other person for destroying that tree or getting such other forest products or quarry material. s 53 amd 1964 No. 15 s 12 ; 1991 No. 83 ss 94 , 89 sch 5 ; 1992 No. 64 s 3 sch 1 ; 1994 No. 81 s 527 sch 5 ; 1997 No. 20 s 7 ; 2009 No. 3 s 483 ; 2010 No. 31 s 585 sch 2 pt 4 ; 2015 No. 15 s 86 (sec.53-ssec.1) A person must not— destroy a tree, or get other forest products or quarry material, on a Crown holding; or destroy a tree, or get other forest products or quarry material, on any lands, the property of the Crown, that are included in a lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act ; or destroy commercial species of timber on a lease subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994 ; otherwise than in accordance with a permit, lease, licence, agreement or contract granted or made under this Act, the Land Act 1962 , the Mining Acts, the Geothermal Act , the GHG storage Act or another Act. Maximum penalty— for a first offence—1,000 penalty units; and for a subsequent offence—3,000 penalty units. (sec.53-ssec.2) Subsection (1) does not apply if— the person is acting under the Biosecurity Act 2014 ; and that action destroys the tree or gets the other forest products; and the tree, or other forest products, is restricted matter. (sec.53-ssec.3) Where on any Crown holding the destruction of any tree or the getting of any other forest products or, as the case may be, any quarry material, is prohibited by this section, then the selector, lessee, or, as the case may be, holder of that Crown holding who allows or permits that prohibited act to be done shall be deemed for the purposes of this section to have done that act and proceedings may be taken against the person and the person shall be liable as if the person had destroyed that tree or got those other forest products or that quarry material, as the case may be, whether or not proceedings are taken against any other person for destroying that tree or getting such other forest products or quarry material. - (a) destroy a tree, or get other forest products or quarry material, on a Crown holding; or - (b) destroy a tree, or get other forest products or quarry material, on any lands, the property of the Crown, that are included in a lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act ; or - (c) destroy commercial species of timber on a lease subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994 ; - (a) for a first offence—1,000 penalty units; and - (b) for a subsequent offence—3,000 penalty units. - (a) the person is acting under the Biosecurity Act 2014 ; and - (b) that action destroys the tree or gets the other forest products; and - (c) the tree, or other forest products, is restricted matter.