New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 48

48 Compensation

(1) In this section, a reference to the conviction of a person includes a reference to the making of an order in respect of a person under section 10 of the Crimes (Sentencing Procedure) Act 1999 .

(2) Where a person is convicted of an offence under this Act or the regulations whereby the commission incurs any charge, cost or expense or which results in or causes loss of or damage to:

(a) any Crown-timber lands or any road, improvement or structure thereon, under the control of or the property of the commission, or

(b) any other property of the commission,

the Magistrate before whom the person was convicted:

(c) shall, where the offence in respect of which the person was convicted involved the taking or destruction of any timber, products or forest materials and the commission has certified the amount that it determines would have been payable by way of royalty if the timber, products or forest materials had been taken in pursuance of a timber licence, products licence or forest materials licence, order payment by that person to the commission of that amount, and

(d) may order payment by that person to the commission of such other amount as the person thinks fit by way of compensation for any other charge, cost, expense, loss or damage.

(3) Except as provided in subsection (4), an order under subsection (2) (c) or (d) shall be deemed to be a conviction or order whereby a sum of money is adjudged to be paid within the meaning of the Justices Act 1902 .

(4) The maximum period for which a person shall be imprisoned and kept in default of payment of a sum ordered to be paid under subsection (2) (c) or (d) or the aggregate of any such sums so ordered to be paid is 4 months.

(5) If an amount is ordered to be paid to the commission under subsection (2) (c), section 30E applies in respect of an amount paid pursuant to the order as if it were a royalty paid to the commission under section 30A.

(6) Subsection (5) does not require the commission, in respect of an amount paid as ordered under subsection (2) (c), to make a payment out of the amount to the person by whom the amount was paid.