96Offences

96 Offences Every person who commits or attempts to commit or aids or abets any person who commits or attempts to commit any of the following offences shall be liable to imprisonment for a term of not more than one year or to a penalty of not more than 50 penalty units, or to both such imprisonment and penalty— S. 96(a) amended by No. 41/1987 s. 103(Sch. 4 item 24.111). (a) counterfeits upon any tree or timber or unlawfully affixes to any forest produce a mark used by authorised officers to indicate that such produce is the property of the Crown or that it may be lawfully cut or removed; S. 96(b) amended by No. 41/1987 s. 103(Sch. 4 item 24.111). (b) without due authority makes or causes to be made or uses or causes to be used or has in his possession a brand or stamp which resembles or purports to be a brand or stamp such as is usually used by authorised officers to indicate that forest produce is the property of the Crown or that it may be lawfully cut or removed; (c) counterfeits or without due authority issues any licence permit or order for the cutting removal or sale of forest produce; S. 96(d) amended by Nos 41/1987 s. 103(Sch. 4 item 24.109), 76/1998 s. 10(1)(u), 19/2018 s. 133. (d) unlawfully alters obliterates defaces pulls up removes or destroys any boundary mark or any stamp mark sign licence permit or order used or issued by any officer or person appointed or employed by the land manager; S. 96(e) amended by No. 8587 s. 10(a). (e) unlawfully cuts breaks throws down or in anywise destroys or damages any building barrier or fence of any description whatsoever or any wall stile or gate or any part thereof respectively in or enclosing any forest or who unlawfully cuts through or breaks down or otherwise destroys the bank dam or wall or any part of any lake or any natural or artificial reservoir or pond of water within or partly within and adjoining any forest; S. 96(f) amended by Nos 41/1987 s. 103(Sch. 4 items 24.110, 24.112), 48/2004 s. 123(1)(a)(b). (f) corrupts or attempts to corrupt by promises offers gifts or presents any authorised officer for the purpose of obtaining a favourable report recommendation certificate valuation or royalty assessment whether in respect of any place employment sale auction lease licence permit authority or any other benefit whatsoever, or for the purpose of obtaining abstention on the part of any authorised officer from any act which forms part of his duties or refuses or fails to comply with any lawful direction of an authorised officer; S. 96(g) amended by No. 41/1987 s. 103(Sch. 4 items 24.110, 24.113). (g) being an authorised officer accepts any bribe or receives any gift or present in connexion with the performance of the functions of his office; S. 96(h) substituted by No. 40/2009 s. 22. (h) does or causes to be done any act, matter or thing (that is not an act, matter or thing to which section 57E applies), for which a licence (other than a tour operator licence) or permit may be issued under this Act, without that licence (other than a tour operator licence) or permit; S. 96(i) amended by No. 41/1987 s. 103(Sch. 4 item 24.110). (i) without the written authority of an authorised officer removes from any area or from any lands within any State forest any timber or forest produce without previously paying the proper royalty or fee due thereon; (j) cuts splits fells obtains or removes any forest produce on or from any lands within any forest or on or from any portion of any forest not specified in any licence or permit issued to him under the provisions of this Act; S. 96(k) amended by Nos 41/1987 s. 103(Sch. 4 item 24.110), 48/2004 s. 123(2), 24/2024 s. 59(1). (k) removes from any forest without the written authority of an authorised officer any timber before the same has been branded by an authorised officer; S. 96(l) amended by Nos 41/1987 s. 103(Sch. 4 item 24.110), 74/2000 s. 3(Sch. 1 item 52.7). (l) furnishes an authorised officer with a false or incorrect statement of any forest produce cut split felled or removed by him or by any agent or employee of his on which royalties dues or charges are payable to the Crown; S. 96(m) amended by Nos 48/2004 s. 123(3), 24/2024 s. 59(2). (m) under cover of a miner's right within any forest cuts splits fells obtains or removes any timber for sale; S. 96(n) amended by Nos 48/2004 s. 123(4), 24/2024 s. 59(3). (n) marks barks ringbarks saprings girdles fells or otherwise kills destroys damages or injures any tree or plant contrary to the provisions of this Act or any regulation; S. 96(o) amended by No. 41/1987 s. 103(Sch. 4 item 24.110). (o) is found in possession of any forest produce without having been authorised by an authorised officer to cut or remove the same; S. 96(p) amended by No. 41/1987 s. 103(Sch. 4 item 24.110). (p) without being authorized by an authorised officer deposits or causes to be deposited in any reserved forest any waste products or refuse matter of farms or dairies or otherwise or any night-soil manure or rubbish or the carcass of any dead cattle; S. 96(q) inserted by No. 8587 s. 10(b), amended by Nos 41/1987 s. 103(Sch. 4 item 24.109), 76/1998 s. 10(1)(u), 19/2018 s. 133. (q) drives a vehicle upon any road track tramway or other work constructed or maintained by the land manager which is closed for use by the public. S. 96AA inserted by No. 38/2021 s. 13. 96AA Offence to cut etc. timber in a State forest (1) A person must not cut, split, fell, obtain, remove or take any timber in a State forest, except as set out in subsection (2). A person involved in the commission of an offence may be taken to have committed that offence: see section 324 of the **Crimes Act 1958**. S. 96AA(1A) inserted by No. 24/2024 s. 25(1). (1A) A person must not cut, split, fell, obtain, remove or take any timber in a State forest for the primary purpose of the sale or the processing and sale of the timber, except as set out in subsection (2)(a) or (b). Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. A person involved in the commission of an offence may be taken to have committed that offence: see section 324 of the Crimes Act 1958. (2) A person may cut, split, fell, obtain, remove or take timber in a State forest in accordance with one or more of the following— (a) a lease, licence, permit or authorisation made, issued, granted or otherwise provided for under this or any other Act; (b) the regulations or regulations made under any other Act; S. 96AA (2)(c)(d) repealed by No. 24/2024 s. 60(1). (e) the provisions of this Act relating to the collection of firewood for domestic use (sections 57O to 57ZF). S. 96AA(3) substituted by No. 24/2024 s. 60(2). (3) Subsections (1) and (1A) apply to any timber in a State forest whether or not that timber is owned by or vested in the Crown. S. 96AA(3A) inserted by No. 24/2024 s. 25(2). (3A) A proceeding for an offence against subsection (1A) may be commenced not later than 3 years after the date on which the offence is alleged to have been committed. S. 96AA(4) repealed by No. 24/2024 s. 60(3). S. 96A inserted by No. 48/2004 s. 124, amended by No. 24/2024 s. 26.