QLDIn ForceAct
Forestry Act 1959
sec.94Mistaken belief as to boundaries
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### sec.94 Mistaken belief as to boundaries
In every case of a sale of any forest products or quarry material situated on any land or part of any land whereon forest products or, as the case may be, quarry material are not the property of the Crown and which land or part thereof is adjoining or situate in the vicinity of lands whereon the forest products or, as the case may be, quarry material are the property of the Crown, it shall be the duty of the seller to clearly and correctly indicate to the buyer and of the buyer clearly and correctly ascertain the boundaries of that land or, as the case may be, part.
Any person who is charged with an offence against this Act with respect to the getting, ringbarking, destroying, damaging, or other interference with any earth, forest products or quarry material, or with respect to trespass or encroachment upon, or unlawful use of, any State forest or timber reserve, shall not escape liability for that offence by pleading any mistaken belief as to the situation of the boundaries of any land or part of any land whereon the person was lawfully entitled to get, ringbark, destroy, damage, or otherwise interfere with any forest products, quarry material, or, as the case may be, earth, or of that State forest or, as the case may be, timber reserve.
s 94 amd 1968 No. 33 s 44 ; 1971 No. 25 s 21 ; 1982 No. 73 s 61
(sec.94-ssec.1) In every case of a sale of any forest products or quarry material situated on any land or part of any land whereon forest products or, as the case may be, quarry material are not the property of the Crown and which land or part thereof is adjoining or situate in the vicinity of lands whereon the forest products or, as the case may be, quarry material are the property of the Crown, it shall be the duty of the seller to clearly and correctly indicate to the buyer and of the buyer clearly and correctly ascertain the boundaries of that land or, as the case may be, part.
(sec.94-ssec.2) Any person who is charged with an offence against this Act with respect to the getting, ringbarking, destroying, damaging, or other interference with any earth, forest products or quarry material, or with respect to trespass or encroachment upon, or unlawful use of, any State forest or timber reserve, shall not escape liability for that offence by pleading any mistaken belief as to the situation of the boundaries of any land or part of any land whereon the person was lawfully entitled to get, ringbark, destroy, damage, or otherwise interfere with any forest products, quarry material, or, as the case may be, earth, or of that State forest or, as the case may be, timber reserve.