sec.82Powers for seized timber etc.

### sec.82 Powers for seized timber etc. Where timber has been seized under section 18 (1) (ga) (i) , the forest officer making the seizure may brand the timber for the purposes of identification. When any forest products, quarry material, or earth have been seized under section 18 (1) (ga) (i) the forest officer making such seizure may, in lieu of detaining and removing the same, place in a conspicuous position upon any such forest products, quarry material or earth, a notice signed by the forest officer and specifying so as to sufficiently identify it, the forest products, quarry material, or earth seized and the place wherein or whereon it is situated at the time of seizure and the date and time of such seizure and thereupon any such forest products, quarry material, or earth shall be deemed to be in the custody and possession of that forest officer pending proceedings or until that forest officer by notice placed in the manner as aforesaid notifies that the forest officer has gone out of possession of such forest products, quarry material, or earth. Every person who without authority alters, uses, interferes with, or removes or disposes of in any way any timber or other forest products, quarry material, or earth seized under section 18 (1) (ga) (i) or attempts to do any such act whilst it is, or pursuant to this section is deemed to be, in the custody and possession of a forest officer shall be guilty of an offence against this Act. The provisions of subsection (3) shall not derogate from or otherwise affect the provisions of section 86 of this Act. Any forest officer, person performing duties under this Act, or other person authorised by the chief executive by writing so to do, may (with such assistants, plant, vehicles, animals, and equipment as may be necessary for the purpose) enter upon any place and thereon or therein remain and do and take all such things and steps as will enable the forest officer or person to obtain and remove anything seized or which has become and remains the property of the Crown. Such power of entry shall include such right of ingress, egress, and regress as may be necessary in the circumstances. Despite sections 82C to 82F , and 82H, a forest officer may seize any beehive or beehives which have been placed on a State forest otherwise than under the authority of a permit granted under this Act, and may remove such beehive or beehives from such State forest and may sell or otherwise dispose of the same. Before seizing a beehive under subsection (7) , the forest officer must— make reasonable inquiries to find the owner (the apiarist ) of the hive; and if the apiarist can be found—require the apiarist, by written notice, to remove the hive within a stated reasonable time. The apiarist must comply with a requirement under subsection (8) . Maximum penalty—20 penalty units. If the apiarist can not be found or contravenes subsection (8) , the forest officer may then exercise the power under subsection (7) . The proceeds (if any) of such sale or disposal shall be paid into consolidated fund. The provisions of this section shall be in addition to and not in diminution of or substitution for any other provisions of this Act. s 82 amd 1968 No. 33 s 40 ; 1971 No. 25 s 18 ; 1982 No. 73 s 57 ; 1991 No. 13 s 23 ; 1992 No. 15 s 13 sch ; 1997 No. 20 s 9 ; 1997 No. 78 s 34 ; 2000 No. 26 s 12 sch 1 (sec.82-ssec.1) Where timber has been seized under section 18 (1) (ga) (i) , the forest officer making the seizure may brand the timber for the purposes of identification. (sec.82-ssec.2) When any forest products, quarry material, or earth have been seized under section 18 (1) (ga) (i) the forest officer making such seizure may, in lieu of detaining and removing the same, place in a conspicuous position upon any such forest products, quarry material or earth, a notice signed by the forest officer and specifying so as to sufficiently identify it, the forest products, quarry material, or earth seized and the place wherein or whereon it is situated at the time of seizure and the date and time of such seizure and thereupon any such forest products, quarry material, or earth shall be deemed to be in the custody and possession of that forest officer pending proceedings or until that forest officer by notice placed in the manner as aforesaid notifies that the forest officer has gone out of possession of such forest products, quarry material, or earth. (sec.82-ssec.3) Every person who without authority alters, uses, interferes with, or removes or disposes of in any way any timber or other forest products, quarry material, or earth seized under section 18 (1) (ga) (i) or attempts to do any such act whilst it is, or pursuant to this section is deemed to be, in the custody and possession of a forest officer shall be guilty of an offence against this Act. (sec.82-ssec.4) The provisions of subsection (3) shall not derogate from or otherwise affect the provisions of section 86 of this Act. (sec.82-ssec.5) Any forest officer, person performing duties under this Act, or other person authorised by the chief executive by writing so to do, may (with such assistants, plant, vehicles, animals, and equipment as may be necessary for the purpose) enter upon any place and thereon or therein remain and do and take all such things and steps as will enable the forest officer or person to obtain and remove anything seized or which has become and remains the property of the Crown. (sec.82-ssec.6) Such power of entry shall include such right of ingress, egress, and regress as may be necessary in the circumstances. (sec.82-ssec.7) Despite sections 82C to 82F , and 82H, a forest officer may seize any beehive or beehives which have been placed on a State forest otherwise than under the authority of a permit granted under this Act, and may remove such beehive or beehives from such State forest and may sell or otherwise dispose of the same. (sec.82-ssec.8) Before seizing a beehive under subsection (7) , the forest officer must— make reasonable inquiries to find the owner (the apiarist ) of the hive; and if the apiarist can be found—require the apiarist, by written notice, to remove the hive within a stated reasonable time. (sec.82-ssec.9) The apiarist must comply with a requirement under subsection (8) . Maximum penalty—20 penalty units. (sec.82-ssec.10) If the apiarist can not be found or contravenes subsection (8) , the forest officer may then exercise the power under subsection (7) . (sec.82-ssec.11) The proceeds (if any) of such sale or disposal shall be paid into consolidated fund. (sec.82-ssec.12) The provisions of this section shall be in addition to and not in diminution of or substitution for any other provisions of this Act. - (a) make reasonable inquiries to find the owner (the apiarist ) of the hive; and - (b) if the apiarist can be found—require the apiarist, by written notice, to remove the hive within a stated reasonable time.