sec.91Power to waive proceedings

### sec.91 Power to waive proceedings This section does not apply to natural resource product in a licence area that is got, ringbarked, destroyed, damaged, used, marked or in any way interfered with by the plantation licensee or any plantation sublicensee for the licence area or any employee, agent, contractor, customer or invitee of the plantation licensee or plantation sublicensee. Where any forest products are or any quarry material is got, ringbarked, destroyed, damaged, used, marked or in any way interfered with in contravention of this Act the chief executive may demand payment of— the value of such forest products or quarry material; and the value of the damage to the forest and any property of the State occasioned by the contravention; and the cost and expense of the investigation by or on behalf of the chief executive of the contravention; in such amount or amounts as the chief executive determines, from the person who actually committed the contravention of this Act or, where the contravention has occurred by reason of any instruction or information given by any other person, from that other person. Upon payment to the chief executive by the person upon whom such demand is made of the amount or amounts so demanded the chief executive may, in the chief executive’s discretion, allow such person to gather and remove the whole or any part of the forest products or quarry material in relation to which the contravention of this Act occurred and to retain the same. Where 2 or more persons have given any instruction or information, by reason of which the contravention of this Act was committed, demand under subsection (1) shall be made on the person who first gave that instruction or information. Any amount so demanded and not paid may be recovered by the State by summary proceedings upon complaint or by action as for a debt in any court of competent jurisdiction. A proceeding or action under this section for the recovery of any amount may be commenced whether or not proceedings for prosecution of an offence against this Act are commenced or not and whether any person is convicted therefor or not. For the purposes of this section the value of any tree shall be taken to be the sale price ordinarily obtainable on the sale of the tree as it stood immediately before the act that has rendered the person concerned liable under this section to a demand upon the person by the chief executive. Notwithstanding the provisions of subsection (1) and anything done or omitted to be done thereunder, the chief executive may, at any time, either before or after making a demand upon any person, sell all or any part of the forest products or quarry material affected by the act which has rendered any person liable to a demand thereunder on such terms and conditions as the chief executive thinks fit. The net proceeds of any such sale may be applied towards the reduction of the value demanded or to be demanded by the chief executive under this section. Should the net proceeds of any such sale equal or exceed the value demanded, or to be demanded, by the chief executive under this section then the person upon whom the demand has been made, or would otherwise have been made, shall not be required to make a payment in respect of the value of the forest products or quarry material so sold. For the purposes of subsections (3) and (4) — net proceeds means the proceeds of the sale of any forest products or quarry material less such expenses incurred in relation to— such forest products or quarry material with a view to the sale thereof or, any part thereof; and the sale of such forest products or quarry material or any part thereof; as the chief executive may determine. s 91 amd 1964 No. 15 s 19 ; 1979 No. 10 s 8 ; 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1 ; 2010 No. 12 s 65 (sec.91-ssec.1AA) This section does not apply to natural resource product in a licence area that is got, ringbarked, destroyed, damaged, used, marked or in any way interfered with by the plantation licensee or any plantation sublicensee for the licence area or any employee, agent, contractor, customer or invitee of the plantation licensee or plantation sublicensee. (sec.91-ssec.1) Where any forest products are or any quarry material is got, ringbarked, destroyed, damaged, used, marked or in any way interfered with in contravention of this Act the chief executive may demand payment of— the value of such forest products or quarry material; and the value of the damage to the forest and any property of the State occasioned by the contravention; and the cost and expense of the investigation by or on behalf of the chief executive of the contravention; in such amount or amounts as the chief executive determines, from the person who actually committed the contravention of this Act or, where the contravention has occurred by reason of any instruction or information given by any other person, from that other person. (sec.91-ssec.1A) Upon payment to the chief executive by the person upon whom such demand is made of the amount or amounts so demanded the chief executive may, in the chief executive’s discretion, allow such person to gather and remove the whole or any part of the forest products or quarry material in relation to which the contravention of this Act occurred and to retain the same. (sec.91-ssec.1B) Where 2 or more persons have given any instruction or information, by reason of which the contravention of this Act was committed, demand under subsection (1) shall be made on the person who first gave that instruction or information. (sec.91-ssec.1C) Any amount so demanded and not paid may be recovered by the State by summary proceedings upon complaint or by action as for a debt in any court of competent jurisdiction. (sec.91-ssec.1D) A proceeding or action under this section for the recovery of any amount may be commenced whether or not proceedings for prosecution of an offence against this Act are commenced or not and whether any person is convicted therefor or not. (sec.91-ssec.1E) For the purposes of this section the value of any tree shall be taken to be the sale price ordinarily obtainable on the sale of the tree as it stood immediately before the act that has rendered the person concerned liable under this section to a demand upon the person by the chief executive. (sec.91-ssec.2) Notwithstanding the provisions of subsection (1) and anything done or omitted to be done thereunder, the chief executive may, at any time, either before or after making a demand upon any person, sell all or any part of the forest products or quarry material affected by the act which has rendered any person liable to a demand thereunder on such terms and conditions as the chief executive thinks fit. (sec.91-ssec.3) The net proceeds of any such sale may be applied towards the reduction of the value demanded or to be demanded by the chief executive under this section. (sec.91-ssec.4) Should the net proceeds of any such sale equal or exceed the value demanded, or to be demanded, by the chief executive under this section then the person upon whom the demand has been made, or would otherwise have been made, shall not be required to make a payment in respect of the value of the forest products or quarry material so sold. (sec.91-ssec.5) For the purposes of subsections (3) and (4) — net proceeds means the proceeds of the sale of any forest products or quarry material less such expenses incurred in relation to— such forest products or quarry material with a view to the sale thereof or, any part thereof; and the sale of such forest products or quarry material or any part thereof; as the chief executive may determine. - (a) the value of such forest products or quarry material; and - (b) the value of the damage to the forest and any property of the State occasioned by the contravention; and - (c) the cost and expense of the investigation by or on behalf of the chief executive of the contravention; - (a) such forest products or quarry material with a view to the sale thereof or, any part thereof; and - (b) the sale of such forest products or quarry material or any part thereof;