200Proof

200 Proof

(1) If any person is found on any Crown lands whatever including any portion of Crown lands referred to in the last preceding section having in his possession any live or dead timber gravel stone limestone salt guano shell sand loam brick earth or bark he shall for the purposes of this Part be deemed to have cut dug taken away stripped or removed the same from Crown lands, and it shall lie on such person to prove that he did not so do or that he had authority so to do.

S. 200(2) inserted by No. 46/2012 s. 21.

(2) Subsection (1) does not apply to the following—

(a) a person found in possession of timber in a State forest (within the meaning of the Forests Act 1958);

(b) a person found in possession of timber on land described in Division 2A or Division 5 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

S. 200(3) inserted by No. 46/2012 s. 21.

(3) In subsection (2)—

timber has the same meaning as in section 3(1) of the Forests Act 1958.

S. 201 amended by Nos 7548 s. 6(f), 9019 s. 2(1)(Sch. item 101), repealed by No. 9212 s. 2(1), new s. 201 inserted by No. 9528 s. 3, amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987 s. 103(Sch. 4 item 39.39), 76/1998 s. 11(i).