38Unlawful taking of timber etc

38 Unlawful taking of timber etc

38 Unlawful taking of timber etc

(1916 Act, s 27)

(1) A person must not—

(a) on any Crown-timber land—

(i) cut, strip, obtain, remove, destroy or damage any timber, or

(ii) dig for, extract, obtain, remove, destroy or damage any forest products, or

(iii) cause or allow any of those things to be done, or

(b) on any State forest or flora reserve—quarry, dig for, extract, obtain, remove, destroy or damage any forest materials or cause or allow any of those things to be done.

Maximum penalty—50 penalty units or imprisonment for 6 months, or both, and $10 for each tree destroyed or damaged in the commission of the offence.

(2) Subsection (1) applies in relation to Crown-timber land despite the provisions of this or any other Act or any terms or conditions subject to which any tenure of the Crown-timber land is held. If any such terms or conditions require the taking or destruction of any timber or forest products, those terms and conditions are to be construed as imposing that requirement subject to the holder of the tenure obtaining a timber licence, forest products licence or clearing licence.

(3) A person does not commit an offence under subsection (1)—

(a) if the act in question is authorised by or under any of the following—

(i) a licence or small quantity authorisation,

(ii) Part 5A of (or Schedule 5A to) the Local Land Services Act 2013 (including any instrument under that Part or Schedule),

(iii) the Mining Act 1992 or any mineral claim or mining lease under that Act,

(iv) the Petroleum (Onshore) Act 1991 or any petroleum title under that Act,

(v) a forestry right or any restriction on use or covenant imposed under Division 4 of Part 6 of the Conveyancing Act 1919 in connection with the forestry right,

(vi) Division 3 of Part 2 of Schedule 1 to the ,