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](/view/html/inforce/current/act-2013-051) (including any instrument under that Part or Schedule), > > > > > > > (iii) the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or any mineral claim or mining lease under that Act, > > > > > > > (iv) the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) 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](/view/html/inforce/current/act-1919-006) in connection with the forestry right, > > > > > > > (vi) Division 3 of Part 2 of Schedule 1 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), > > > > > > > (vii) a condition of a Western lands lease (within the meaning of Schedule 3 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058)) to the effect that a lessee may take from land under the lease such timber and other material for building and other purposes on the land or on any contiguous land held in the same interest as may reasonably be required by the lessee, or > > > > > (b) if the act in question is done or authorised by the land manager of the forestry area in accordance with this Act, or > > > > > (c) in the course of carrying out duties as an authorised officer, or > > > > > (d) in the circumstances referred to in clause 5(7) of Schedule 1. > > > (4) Subsection (1) does not apply in relation to— > > > > > (a) forestry operations carried out by or on behalf of the Corporation, or > > > > > (b) forest products or forest materials taken by the Corporation, or > > > > > (c) any tree on Crown-timber land (not being land referred to in paragraph (a) or (c) of the definition of Crown-timber land) or on land the subject of a forest lease if— > > > > > > > (i) the Corporation has certified in writing that the tree has been planted or established and has been maintained by careful tending and improvement as part of a woodlot or forest or for the purpose of tree-farming, or > > > > > > > (ii) the tree is or was situated on an authorised plantation within the meaning of the [Plantations and Reafforestation Act 1999](/view/html/inforce/current/act-1999-097), or > > > > > (d) any tree on land affected by a profit à prendre if the Corporation has certified in writing that the tree is not subject to the profit à prendre, or > > > > > (e) any timber removed, felled or destroyed in accordance with section 66 of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051). > > **s 38:** Am 2013 No 51, Sch 7.18 \[1\]; 2016 No 63, Sch 11.3 \[1\]; 2017 No 17, Sch 4.33 \[7\].