146Offence—damage or take fallen native timber

146 Offence—damage or take fallen native timber (a) the person damages fallen timber; and (b) the timber— (i) is native timber; and (ii) has a diameter of more than 10cm; and (iii) is on unleased land.

(a) the person takes fallen timber from land; and (b) the timber is native timber; and (c) the land is— (i) unleased land; or (ii) leased land outside a built-up urban area. Note Built-up urban area—see s 139. Native timber—see s 139. Take—see s (7). (3) This section does not apply to a person if the person is— (a) a public servant exercising a function as a public servant; or (b) authorised to engage in the conduct constituting the offence under a development approval under the Planning Act 2023, chapter 7. (5) In addition to the penalty that may be imposed for an offence against subsection (2), the court may order the defendant to— (a) make good the damage incurred; or (b) pay the Territory the cost of making good the damage. (6) The Territory may enforce an order made under subsection (5) as if it were a judgment of the Magistrates Court in a civil proceeding.

take means— (a) for timber on leased land—take the timber from the land subject to the lease; or (b) for timber on unleased land—take the timber from the immediate vicinity.