New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 29

29 Penalty for unlawfully working sawmill

(1) If any person (whether as owner, lessee, or otherwise) works a mill for the sawing or treatment of timber except:

(a) under the authority of a sawmill licence issued under section 28 which is in force, or

(b) in accordance with a written permission of the commission granted in such circumstances, if any, and in respect of such quantity of timber, if any, as may be prescribed,

the person shall be liable to a penalty not exceeding 20 penalty units.

(2) If any person contravenes or breaks any provision or condition in a sawmill licence referred to in subsection (1) or a written permission referred to in subsection (1) (b), the person shall be liable to a penalty not exceeding 20 penalty units.

(3) A person who is an officer of a corporation (within the meaning of the Corporations Act 2001 of the Commonwealth) which commits an offence under subsection (1) or (2) is guilty of the same offence, and liable to be punished as an individual guilty of that offence, unless the person satisfies the court that:

(a) the offence committed by the corporation was committed without the person’s knowledge,

(b) the person was not in a position to influence the conduct of the corporation in relation to the commission of the offence by it, or

(c) the person, being in such a position, used all due diligence to prevent the commission of the offence by the corporation.