57ZHousehold limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations

57Z Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations (1) In a financial year, a person must not nominate another person under section 57R to cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more. (2) In a financial year, a nominating person must not specify in a nomination under section 57R an amount of fallen or felled trees that, when added to the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household would exceed 16 cubic metres. (3) In a financial year, a nominee must not in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the nominee has previously cut or taken away the amount of fallen or felled trees specified as the maximum amount in the nomination under section 57R. S. 57ZA inserted by No. 46/2012 s. 5. 57ZA Secretary may determine amount of fallen or felled trees cut and taken away in certain regions (1) The Secretary may determine the amount of fallen or felled trees that, in any financial year, may be cut and taken away in any one or more firewood collection areas in a region for domestic use as firewood in a household. (2) Before making a determination setting the amount, the Secretary must be satisfied that the determination is necessary for management of the supply of fallen or felled trees for domestic use as firewood in the region. (3) A determination under subsection (1) must specify— (a) the region in which it applies; and (b) the amount (being less than 16 cubic metres) of fallen or felled trees that may be cut and taken away in firewood collection areas in that region for domestic use as firewood in a financial year. (4) The Secretary must not make a determination under subsection (1) relating to a financial year after the commencement of a firewood collection season in that financial year. (5) A determination under subsection (1) must be published in the Government Gazette. S. 57ZB inserted by No. 46/2012 s. 5. 57ZB Offence to exceed regional limit (1) In a financial year, a person must not in any one or more firewood collection areas to which a determination under section 57ZA(1) applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household has reached at least the limit set in the determination under section 57ZA(1). (2) In a financial year, a nominee must not in any one or more firewood collection areas to which a determination under section 57ZA(1) applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away by the nominee in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in the nominating person's household has reached at least the limit of fallen or felled trees set in the determination under section 57ZA(1). S. 57ZC inserted by No. 46/2012 s. 5. 57ZC Offence as to sale of fallen or felled trees (1) A person must not sell fallen or felled trees that the person has cut or taken away in a firewood collection area during a firewood collection season. (2) A nominating person must not sell fallen or felled trees that that person's nominee has cut or taken away in a firewood collection area during a firewood collection season. S. 57ZD inserted by No. 46/2012 s. 5. 57ZD Offences relating to conduct in a firewood collection area (1) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees that are visibly hollow. (2) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi. (3) A person must not, in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of up to 15 centimetres at a height of 1·3 metres above the ground. Penalty: 50 penalty units. (4) A person must not, in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of 15 centimetres or more at a height of 1·3 metres above the ground. S. 57ZE inserted by No. 46/2012 s. 5. 57ZE Production of nomination if requested by authorised officer A nominee must not, without reasonable excuse, fail to produce the nomination form if requested by an authorised officer. Penalty: 5 penalty units. S. 57ZF inserted by No. 46/2012 s. 5, amended by No. 67/2016 s. 31(3)(a). 57ZF No offence if authorised by licence or authorisation etc. or regulations Sections 57W, 57X, 57Y, 57ZB, 57ZC and 57ZD do not apply to a person who— (a) cuts or takes away fallen or felled trees in State forest in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or (b) cuts or takes away fallen or felled trees in State forest in accordance with the regulations or regulations under any other Act. S. 57ZF(2) amended by No. 4/2013 s. 33(3), repealed by No. 67/2016 s. 31(3)(b). Protected forests No. 6073 s. 58.