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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TIMBER PLANTATIONS
(HARVEST GUARANTEE)
BILL 1999
Queensland
TIMBER PLANTATIONS (HARVEST
GUARANTEE) BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--Purpose and application of Act
2 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 How purpose of Act is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3--Definitions
Subdivision 1--Dictionary
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Subdivision 2--Key definitions
6 What is a "timber plantation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 What is a "harvesting operation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--ACCREDITATION
Division 1--Obtaining accreditation
8 Who may apply for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Restrictions on granting accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Notice of refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Accreditation certificates
14 Issue of accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Timber Plantations (Harvest Guarantee)
15 Replacement accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Term of accreditation
16 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Accreditation term not affected by ownership change, harvesting etc. . . . . 12
19 Duty to notify chief executive of change of owner . . . . . . . . . . . . . . . . . . . . 13
Division 4--Publication and registration of accreditations
20 Gazettal of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Accreditation register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 5--Amendment, cancellation or suspension of accreditation
Subdivision 1--When accreditation may be amended, cancelled or
suspended
23 General conditions for amendment, cancellation or suspension . . . . . . . . . 14
Subdivision 2--Grounds
24 Operation of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 General grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Further grounds for proposed timber plantations . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 3--Procedure
27 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Considering representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
31 Rectification direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
32 Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
33 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 4--Miscellaneous
34 Return of accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 Reaccreditation after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 6--Reviews and appeals
Subdivision 1--Ministerial review
36 Decisions subject to review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3
Timber Plantations (Harvest Guarantee)
38 Starting review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
39 Minister's powers on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 Stay of operation of original decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2--Appeals from review decision
41 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
42 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
43 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
44 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 General powers of District Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 23
46 Appeal to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 3--TIMBER PLANTATION (ENVIRONMENT
PROTECTION) HARVESTING CODES
47 Making harvesting codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
48 Content of harvesting codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
49 Compliance with harvesting codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 4--TIMBER HARVEST GUARANTEE
50 Certain laws do not apply to harvesting under harvesting code . . . . . . . . . . 25
PART 5--TIMBER PLANTATION OFFICERS
Division 1--Appointment
51 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
52 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
53 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
54 Powers--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
55 Limitation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
56 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
57 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2--Powers of timber plantation officers
Subdivision 1--Entry of places
58 Power to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 2--Procedure for entry
59 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
60 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
61 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
4
Timber Plantations (Harvest Guarantee)
62 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
63 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 3--Powers after entry
64 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
65 Failure to help or give timber plantation officer information . . . . . . . . . . . . 33
66 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 4--Power to seize evidence
67 Power to seize evidence from places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
68 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
69 Timber plantation officer to allow inspection etc. . . . . . . . . . . . . . . . . . . . . 35
70 Obligation to return seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 5--Power to obtain documents
71 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
72 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 6--General enforcement matters
73 Obstructing a timber plantation officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
74 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 6--MISCELLANEOUS
75 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
76 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
77 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
78 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
79 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
80 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 7--TRANSITIONAL PROVISION
81 Harvesting code to be made within 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . 39
82 Expiry of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 40
DICTIONARY
1999
A BILL
FOR
An Act about harvesting of timber plantations
s1 6 s3
Timber Plantations (Harvest Guarantee)
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Timber Plantations (Harvest Guarantee) 5
Act 1999. 6
2--Purpose and application of Act 7
Division
of Act 8
Purpose
2. The purpose of this Act is to encourage the establishment of timber 9
plantations, while at the same time providing for environmental protection 10
in timber plantation areas. 11
purpose of Act is to be achieved 12
How
3.(1) This Act encourages the establishment of timber plantations by-- 13
(a) establishing an accreditation scheme for timber plantations and 14
proposed timber plantations; and 15
(b) removing restrictions under the following Acts on harvesting 16
operations on accredited timber plantations-- 17
(i) the Environmental Protection Act 1994 (the "EPA"); 18
(ii) the Integrated Planning Act 1997 (the "IPA"); 19
(iii) the Local Government Act 1993 (the "LGA"); 20
(iv) the Nature Conservation Act 1992 (the "NCA"). 21
(2) Environmental protection in accredited timber plantation areas is 22
s4 7 s6
Timber Plantations (Harvest Guarantee)
provided by requiring harvesting operations on accredited timber plantations 1
to be carried out under a harvesting code. 2
binds all persons 3
Act
4.(1) This Act binds all persons, including the State. 4
(2) However, the State can not be prosecuted for an offence against this 5
Act. 6
3--Definitions 7
Division
1--Dictionary 8
Subdivision
9
Definitions
5. The dictionary in the schedule defines particular words used in this 10
Act. 11
Subdivision 2--Key definitions 12
is a "timber plantation" 13
What
6.(1) A "timber plantation" is an area of land-- 14
(a) on which the predominant number of canopy trees have been 15
planted, whether by sowing seed or otherwise, for commercial 16
timber production; and 17
(b) that is not a natural forest area. 18
(2) For subsection (1), an area of land may consist of more than 1 lot or 19
parcel of land if the lots or parcels are owned or managed by the same 20
person. 21
(3) To remove any doubt, it is declared that an area of land to which 22
subsection (1) applies is a timber plantation even if the canopy trees were 23
planted before this section commences. 24
s7 8 s8
Timber Plantations (Harvest Guarantee)
is a "harvesting operation" 1
What
7.(1) A "harvesting operation" is the cutting and removal of timber for 2
commercial timber production. 3
(2) A harvesting operation also includes the following activities for a 4
timber plantation-- 5
(a) making access roads after establishing the plantation to enable or 6
assist the cutting and removal of timber; 7
(b) activities necessary for the efficient cutting and removal of timber; 8
(c) activities relating to the on-going management of the plantation. 9
10
Examples for paragraph (c)--
11
Silvicultural thinning, weed control and similar maintenance operations.
(3) However, an activity for establishing a timber plantation is not a 12
harvesting operation. 13
14
Examples for subsection (3)--
15
· clearing natural forests
16
· using pesticides, herbicides or fertilisers to establish a timber plantation.
ART 2--ACCREDITATION 17
P
Division 1--Obtaining accreditation 18
may apply for accreditation 19
Who
8.(1) The owner or manager of a timber plantation or proposed timber 20
plantation may apply to the chief executive for the grant of an accreditation 21
for the plantation or proposed plantation. 22
(2) An application may be made whether or not the timber plantation is 23
established when the application is made. 24
s9 9 s 10
Timber Plantations (Harvest Guarantee)
for application 1
Requirements
9.(1) The application must-- 2
(a) be in the approved form; and 3
(b) be accompanied by the prescribed fee; and 4
(c) if the applicant is the manager of the timber plantation or 5
proposed timber plantation the subject of the application--state 6
that the application is being made for its owner; and 7
(d) sufficiently identify each area of land for the timber plantation or 8
proposed timber plantation, including, for example, by way of a 9
map; and 10
(e) be supported by enough other information to enable the chief 11
executive to decide the application. 12
(2) Also, if the application is for a proposed timber plantation, it must be 13
accompanied by a copy, or evidence of, any approval, consent or licence for 14
the establishment of the proposed plantation required under the EPA, IPA 15
or any other relevant law. 16
of application 17
Consideration
10.(1) The chief executive must consider the application on or before the 18
day that is the later of following (the "relevant day")-- 19
(a) 60 days after the application is received; 20
(b) 60 days after the chief executive receives all necessary 21
information relevant to the application. 22
(2) The chief executive must, on or before the relevant day, decide to 23
grant or to refuse the accreditation applied for. 24
(3) If the chief executive does not grant the accreditation on or before the 25
relevant day the chief executive is taken to have-- 26
(a) refused the application; and 27
(b) given the applicant a notice under section 13 rejecting the 28
application on the relevant day. 29
s 11 10 s 13
Timber Plantations (Harvest Guarantee)
on granting accreditation 1
Restrictions
11. The chief executive may grant the accreditation applied for only if the 2
chief executive considers the timber plantation or proposed timber plantation 3
the subject of the application has been established, or is being established, as 4
required under the EPA, IPA or any other relevant law. 5
conditions 6
Accreditation
12.(1) The chief executive may impose reasonable conditions 7
("accreditation conditions") for the granting of the accreditation for a 8
proposed timber plantation. 9
(2) However, an accreditation condition may relate only to the way in 10
which the proposed timber plantation must be established. 11
(3) If the chief executive decides to impose an accreditation condition, the 12
chief executive must give notice of the decision within 7 days after making 13
the decision to the following persons-- 14
(a) the applicant; and 15
(b) if the applicant was not the owner of the timber plantation or 16
proposed timber plantation the subject of the application--its 17
owner. 18
(4) The notice must state-- 19
(a) the condition imposed, and the reasons for imposing it; and 20
(b) that the person may, under section 38, apply to the Minister for a 21
review of the decision; and 22
(c) how to apply for a review. 23
of refusal of application 24
Notice
13.(1) If the chief executive decides to refuse the application the chief 25
executive must give notice of the decision within 7 days after making the 26
decision to the following persons-- 27
(a) the applicant; 28
(b) if the applicant was not the owner of the timber plantation or 29
proposed timber plantation the subject of the application--its 30
s 14 11 s 15
Timber Plantations (Harvest Guarantee)
owner. 1
(2) The notice must state-- 2
(a) the refusal, and the reasons for it; and 3
(b) that the person may, under section 38, apply to the Minister for a 4
review of the decision; and 5
(c) how to apply for a review. 6
Division 2--Accreditation certificates 7
of accreditation certificate 8
Issue
14.(1) If the chief executive grants an accreditation, the chief executive 9
must issue an accreditation certificate to the applicant as soon as practicable. 10
(2) The certificate must-- 11
(a) be in the approved form; and 12
(b) identify the accredited timber plantation and describe its location; 13
and 14
(c) state the day the accreditation was granted; and 15
(d) state any accreditation conditions imposed for the grant. 16
accreditation certificate 17
Replacement
15.(1) The owner of an accredited timber plantation may ask the chief 18
executive for a replacement accreditation certificate if the certificate has been 19
damaged, destroyed or lost. 20
(2) The chief executive may replace the certificate if the chief executive is 21
satisfied it has been damaged, destroyed or lost. 22
s 16 12 s 18
Timber Plantations (Harvest Guarantee)
3--Term of accreditation 1
Division
2
Term
16.(1) An accreditation for a timber plantation remains in force unless it 3
is cancelled or suspended by the chief executive or surrendered by the 4
plantation's owner. 5
(2) An accreditation for a proposed timber plantation ends on the third 6
anniversary of the day it was granted, unless-- 7
(a) the owner or manager of the proposed plantation has given the 8
chief executive notice stating the planting of trees forming the 9
proposed plantation has been completed; and 10
(b) the chief executive is satisfied the planting of trees for the 11
proposed plantation has been completed under any accreditation 12
conditions imposed for the accreditation. 13
(3) The chief executive may be satisfied under subsection (2) by evidence 14
given by the proposed timber plantation's owner or manager or by the chief 15
executive's own investigations. 16
of accreditation 17
Surrender
17.(1) The owner of an accredited timber plantation may surrender the 18
accreditation for the plantation by giving notice of surrender to the chief 19
executive. 20
(2) The notice must be accompanied by the accreditation certificate. 21
term not affected by ownership change, harvesting etc. 22
Accreditation
18. An accreditation is not affected by-- 23
(a) a change in the ownership or management of the accredited 24
timber plantation; or 25
(b) the harvesting of, or the removal or replanting of trees from, the 26
plantation. 27
s 19 13 s 21
Timber Plantations (Harvest Guarantee)
to notify chief executive of change of owner 1
Duty
19.(1) This section applies to a person if the person becomes or ceases to 2
be the owner of an accredited timber plantation. 3
(2) The person must, within 21 days, give the chief executive notice 4
stating-- 5
(a) that the ownership of the timber plantation has changed; and 6
(b) the name of the plantation's owner after the change. 7
Maximum penalty for subsection (2)--10 penalty units. 8
4--Publication and registration of accreditations 9
Division
of accreditation 10
Gazettal
20.(1) The chief executive must, by gazette notice, give notice of the issue 11
of each accreditation certificate as soon as practicable after it is issued. 12
(2) The notice must-- 13
(a) describe the location of the relevant accredited timber plantation; 14
and 15
(b) state the name and address of its owner; and 16
(c) state the day the accreditation was granted. 17
register 18
Accreditation
21.(1) The chief executive must keep a register of accredited timber 19
plantations (the "accreditation register"). 20
(2) The register must-- 21
(a) describe the location of each accredited timber plantation; and 22
(b) state the name and address of its owner; and 23
(c) state the day the accreditation was granted; and 24
(d) include other information prescribed under a regulation. 25
(3) The register may include any other information the chief executive 26
considers appropriate. 27
s 22 14 s 23
Timber Plantations (Harvest Guarantee)
(4) The chief executive may keep the register in the way the chief 1
executive considers appropriate. 2
of register 3
Inspection
22. The chief executive must-- 4
(a) keep the accreditation register open for inspection, free of charge, 5
by members of the public during office hours on business days at 6
the department's office dealing with the administration of this 7
Act; and 8
(b) allow a person to take extracts, free of charge, from the register; 9
and 10
(c) give a person a copy of the register, or a part of it, on payment of 11
the fee prescribed under a regulation. 12
Division 5--Amendment, cancellation or suspension of accreditation 13
Subdivision 1--When accreditation may be amended, cancelled or 14
suspended 15
conditions for amendment, cancellation or suspension 16
General
23. The chief executive may amend, cancel or suspend an accreditation 17
only if-- 18
(a) the relevant owner asks for the amendment, cancellation or 19
suspension; or 20
(b) the chief executive considers a ground exists for the amendment, 21
cancellation or suspension and the procedure under subdivision 3 22
is followed; or 23
(c) the chief executive proposes to amend the accreditation to correct 24
a formal or clerical error and notice of the amendment has been 25
given to the owner. 26
s 24 15 s 25
Timber Plantations (Harvest Guarantee)
Subdivision 2--Grounds 1
of sdiv 2 2
Operation
24.(1) This subdivision provides for the grounds on which an 3
accreditation may be amended, cancelled or suspended by the chief 4
executive. 5
(2) If the chief executive considers a ground exists, the chief executive 6
may, under subdivision 3, amend, cancel or suspend the whole or only part 7
of the accreditation. 8
grounds 9
General
25. Each of the following is a ground for amending, cancelling or 10
suspending an accreditation-- 11
(a) the accreditation was issued in error or because of a document or 12
representation that is false, misleading or omits a material 13
particular; 14
(b) the relevant owner, after the grant of the accreditation, has been 15
convicted of an offence against section 49;1 16
(c) there has been a significant contravention of a harvesting code that 17
applies to the accredited timber plantation and the contravention 18
has not been remedied; 19
(d) the accredited timber plantation has been abandoned; 20
(e) the amendment, cancellation or suspension is necessary to protect 21
unique or special wildlife values and that compensation for the 22
cancellation under a harvesting code that applies to the timber 23
plantation has been paid to the owner; 24
(f) harvesting operations have been completed and the land to which 25
the accreditation relates is not intended to be continued as a timber 26
plantation. 27
1 Section 49 (Compliance with harvesting codes)
s 26 16 s 28
Timber Plantations (Harvest Guarantee)
grounds for proposed timber plantations 1
Further
26. An accreditation for a proposed timber plantation may also be 2
amended, cancelled or suspended if-- 3
(a) the term of the accreditation has ended under section 17(2); or 4
(b) the proposed timber plantation has not been established, or is not 5
being established, as required under the EPA, IPA or any other 6
relevant law. 7
3--Procedure 8
Subdivision
of sdiv 3 9
Application
27. This subdivision applies if the chief executive decides to-- 10
(a) amend an accreditation, other than to correct a formal or clerical 11
error; or 12
(b) cancel or suspend an accreditation. 13
cause notice 14
Show
28.(1) The chief executive must give the relevant owner a notice 15
(a "show cause notice") stating the following-- 16
(a) the action (the "proposed action") the chief executive proposes 17
taking under this division; 18
(b) the grounds for the proposed action; 19
(c) the facts and circumstances forming the basis for the grounds; 20
(d) if the proposed action is to amend the accreditation, the proposed 21
amendment; 22
(e) if the proposed action is to suspend the accreditation, the proposed 23
suspension period; 24
(f) that the owner may make, within a stated period (the "show 25
cause period"), written representations to show why the 26
proposed action should not be taken. 27
(2) If any ground stated in the show cause notice is based on 28
s 29 17 s 31
Timber Plantations (Harvest Guarantee)
section 26(b), the show cause period must end at least 60 days after the 1
owner is given the show cause notice. 2
(3) Otherwise, the show cause period must end at least 28 days after the 3
owner is given the show cause notice. 4
suspension 5
Immediate
29.(1) The chief executive may by a notice (a "suspension notice") 6
suspend an accreditation immediately if the chief executive reasonably 7
believes-- 8
(a) a ground exists to amend, cancel or suspend the accreditation; and 9
(b) the chief executive considers it necessary in the public interest. 10
(2) The suspension notice must state the following-- 11
(a) that the accreditation is suspended; 12
(b) the grounds for the suspension; 13
(c) the facts and circumstances forming the basis for the grounds; 14
(d) the suspension period; 15
(e) that the owner may make, within a stated period (also a "show 16
cause period"), written representations to show why the 17
accreditation should not be suspended for the suspension period. 18
(3) The suspension-- 19
(a) operates immediately the suspension notice is given; and 20
(b) subject to section 31(4), continues to operate until the suspension 21
period ends. 22
representations 23
Considering
30. The chief executive must consider any written representation made 24
during the show cause period by the relevant owner. 25
direction 26
Rectification
31.(1) This section applies if, after considering any representations made 27
s 32 18 s 32
Timber Plantations (Harvest Guarantee)
for a show cause notice or suspension notice by the relevant owner, the 1
chief executive-- 2
(a) still believes a ground exists to amend, cancel or suspend the 3
accreditation; but 4
(b) considers a matter relating to the ground for amendment, 5
cancellation or suspension is capable of being rectified and it is 6
appropriate to give the owner an opportunity to rectify the matter. 7
(2) The chief executive may, by notice given to the owner (a 8
"rectification direction") direct the owner to rectify the matter within a 9
stated period. 10
(3) The period must be reasonable, having regard to the nature of the 11
matter to be rectified. 12
(4) If the owner was given a suspension notice, the suspension is stayed 13
pending the owner's rectification of the matter in the period. 14
on proposed action 15
Decision
32.(1) This section applies if-- 16
(a) after considering any written representations made during the 17
show cause period by the relevant owner, the chief executive still 18
believes a ground exists to amend, cancel or suspend the 19
accreditation; or 20
(b) the owner has not complied with a rectification direction. 21
(2) The chief executive may-- 22
(a) if the proposed action was to amend the accreditation in a stated 23
way--make that amendment; or 24
(b) if the proposed action was to suspend the accreditation for a stated 25
period--suspend the accreditation for no longer than the proposed 26
suspension period; or 27
(c) if the proposed action was to cancel the accreditation--either 28
cancel the accreditation or suspend it for a period. 29
s 33 19 s 34
Timber Plantations (Harvest Guarantee)
of decision 1
Notice
33.(1) The chief executive must give the relevant owner notice of any 2
decision made under section 32. 3
(2) The notice must state-- 4
(a) the decision, and the reasons for it; and 5
(b) that the applicant may, under section 38, apply to the Minister for 6
a review of the decision; and 7
(c) how to apply for a review. 8
(3) The decision takes effect on the earlier of the following-- 9
(a) the day an acknowledgment for the giving of the notice, or the 10
giving of an envelope that contained the notice, is signed by or for 11
the owner; 12
(b) if the owner is an individual--the day the notice is given to the 13
owner personally; 14
(c) if the owner is a corporation with a registered office--the day the 15
notice is left at the registered office. 16
Subdivision 4--Miscellaneous 17
of accreditation certificate 18
Return
34.(1) This section applies if the relevant owner of an accredited timber 19
plantation receives a notice under section 33 or a notice from the chief 20
executive to return the relevant accreditation certificate for correction of a 21
stated formal or clerical error. 22
(2) The owner must return the relevant accreditation certificate to the chief 23
executive within 7 days after the notice was received, unless the person has 24
a reasonable excuse. 25
Maximum penalty--10 penalty units. 26
(3) If an accreditation certificate is returned to the chief executive for 27
amendment, the chief executive must return it to the owner as soon as 28
practicable after amending it. 29
(4) If a suspended accreditation is returned to the chief executive, the 30
s 35 20 s 37
Timber Plantations (Harvest Guarantee)
chief executive must return it to the relevant owner at the end of the 1
suspension period. 2
(5) However, the amendment of an accreditation does not depend on the 3
accreditation certificate being returned. 4
after cancellation 5
Reaccreditation
35.(1) This section applies if the accreditation for a timber plantation or 6
proposed timber plantation is cancelled. 7
(2) If the cancellation was on the ground mentioned in section 25(e), a 8
timber plantation that is re-established on the land to which the cancellation 9
relates, or a proposed timber plantation for the land, must not be accredited. 10
(3) Otherwise, a timber plantation or proposed timber plantation for the 11
land may be accredited under this part, despite the cancellation. 12
6--Reviews and appeals 13
Division
1--Ministerial review 14
Subdivision
subject to review 15
Decisions
36. This subdivision applies if the chief executive makes a decision as 16
follows (an "original decision") to-- 17
(a) refuse an application to accredit a timber plantation or proposed 18
timber plantation; 19
(b) impose an accreditation condition; 20
(c) amend, cancel or suspend an accreditation under section 32. 21
may apply for review 22
Who
37. The owner or the manager of the timber plantation or proposed 23
timber plantation to which the original decision relates may apply to the 24
Minister to review the decision. 25
s 38 21 s 40
Timber Plantations (Harvest Guarantee)
review 1
Starting
38.(1) A review is started by giving the Minister notice applying for a 2
review of the original decision. 3
(2) The notice must be given within 60 days after notice of the decision is 4
given to the owner. 5
(3) However, the Minister may at any time extend the time for giving the 6
notice. 7
powers on review 8
Minister's
39.(1) The Minister, in reviewing the original decision, has the same 9
powers as the chief executive. 10
(2) The Minister must make a decision (a "review decision") to-- 11
(a) confirm the original decision; or 12
(b) set aside the original decision and substitute another decision; or 13
(c) set aside the original decision and return the matter to the chief 14
executive with directions the Minister considers appropriate. 15
(3) In substituting another decision, the Minister has the same powers as 16
the chief executive. 17
(4) If the Minister substitutes another decision, the substituted decision is 18
taken for this Act, other than this subdivision, to be the original decision. 19
of operation of original decisions 20
Stay
40.(1) If an application is made for review of an original decision, the 21
applicant may immediately apply for a stay of the decision to the District 22
Court. 23
(2) The court may stay the decision to secure the effectiveness of the 24
review and any later appeal to the court. 25
(3) A stay may be given on conditions the court considers appropriate 26
and has effect for the period stated by the court. 27
(4) The period of a stay must not extend past the time when the Minister 28
reviews the original decision and any later period the court allows the 29
applicant to enable the applicant to appeal against the review decision. 30
s 41 22 s 43
Timber Plantations (Harvest Guarantee)
2--Appeals from review decision 1
Subdivision
may appeal 2
Who
41. If a review decision is made and the owner or manager of the timber 3
plantation or proposed timber plantation to which it relates is dissatisfied 4
with it, the owner or manager may appeal against the decision to the District 5
Court. 6
appeal 7
Starting
42.(1) An appeal is started by-- 8
(a) filing written notice of appeal with the District Court; and 9
(b) serving a copy of the notice on the Minister; and 10
(c) complying with rules of court applicable to the appeal. 11
(2) The notice of appeal must be filed within 28 days after the appellant 12
receives notice of the review decision. 13
(3) The court may at any time extend the time for filing the notice of 14
appeal. 15
(4) The notice of appeal must state fully the grounds of the appeal and the 16
facts relied on. 17
of operation of review decision 18
Stay
43.(1) The District Court may grant a stay of the operation of the review 19
decision to secure the effectiveness of the appeal. 20
(2) A stay-- 21
(a) may be granted on conditions the court considers appropriate; and 22
(b) operates for the period stated by the court; and 23
(c) may be amended or revoked by the court. 24
(3) The period of a stay stated by the court must not extend past the time 25
when the court decides the appeal. 26
(4) An appeal affects the review decision only if the decision is stayed. 27
s 44 23 s 47
Timber Plantations (Harvest Guarantee)
procedures 1
Hearing
44.(1) In deciding an appeal, the District Court-- 2
(a) has the same powers as the Minister; and 3
(b) is not bound by the rules of evidence; and 4
(c) must comply with natural justice; and 5
(d) may hear the appeal in public or in private. 6
(2) An appeal is by way of rehearing. 7
powers of District Court on appeal 8
General
45.(1) In deciding an appeal, the District Court may-- 9
(a) confirm the review decision; or 10
(b) set aside the review decision and substitute another decision; or 11
(c) set aside the decision and return the matter to the Minister with 12
directions the court considers appropriate. 13
(2) In substituting another decision, the court has the same powers as the 14
Minister. 15
(3) If the court substitutes another decision, the substituted decision is 16
taken for this Act, other than this division, to be the Minister's decision. 17
to Supreme Court 18
Appeal
46. An appeal lies to the Supreme Court from a decision of the District 19
Court, but only on a question of law. 20
ART 3--TIMBER PLANTATION (ENVIRONMENT 21
P
PROTECTION) HARVESTING CODES 22
harvesting codes 23
Making
47.(1) The chief executive may make harvesting codes. 24
s 48 24 s 49
Timber Plantations (Harvest Guarantee)
(2) A harvesting code does not have effect unless it is approved by 1
regulation. 2
of harvesting codes 3
Content
48.(1) A harvesting code may regulate the carrying out of harvesting 4
operations on an accredited timber plantation to protect the environment. 5
(2) In particular, a harvesting code may deal with any of the following-- 6
(a) harvesting plans; 7
(b) works ancillary to harvesting operations; 8
(c) soil erosion and sediment control; 9
(d) native animals and plants; 10
(e) protected wildlife and their habitats under the NCA; 11
(f) critical habitats under the NCA; 12
(g) Aboriginal relics and places; 13
(h) post-harvest bush fire hazard reduction burning; 14
(i) the circumstances in which compensation will be given to protect 15
unique or special wildlife values; 16
(j) the giving of, and entitlement to, compensation. 17
with harvesting codes 18
Compliance
49.(1) This section applies if-- 19
(a) a harvesting code applies to an accredited timber plantation; and 20
(b) the code makes provision for harvesting operations on the 21
plantation. 22
(2) The owner and manager of the timber plantation must ensure 23
harvesting operations on the plantation are carried out under the provisions. 24
Maximum penalty--100 penalty units. 25
(3) Subsection (2) is taken to be a condition of any relevant licence, lease 26
or other authority for the timber plantation, whether issued before or after 27
this section commences. 28
s 50 25 s 50
Timber Plantations (Harvest Guarantee)
PART 4--TIMBER HARVEST GUARANTEE 1
laws do not apply to harvesting under harvesting code 2
Certain
50.(1) This section applies if-- 3
(a) a harvesting code applies to an accredited timber plantation; and 4
(b) the code makes provision for harvesting operations on the 5
plantation; and 6
(c) the provisions of the code, to the extent they are relevant to the 7
plantation, have been complied with; and 8
(d) a harvesting operation for the plantation is carried out or proposed 9
to be carried out under the code. 10
(2) The provisions of the following Acts ("excluded provisions") do 11
not apply to the harvesting operation to the extent they prohibit or regulate 12
the carrying out of the harvesting operation-- 13
(a) the EPA; 14
(b) the IPA; 15
(c) the LGA; 16
(d) the NCA. 17
(3) A person carrying out the harvesting operation is exempt from 18
complying with the excluded provisions. 19
(4) To remove any doubt, it is declared that the harvesting operation is 20
subject to any other law that, subject to this section, relates to the 21
management or harvesting of timber. 22
s 51 26 s 53
Timber Plantations (Harvest Guarantee)
ART 5--TIMBER PLANTATION OFFICERS 1
P
Division 1--Appointment 2
3
Appointment
51.(1) The chief executive may appoint a public service officer as a 4
timber plantation officer. 5
(2) The chief executive may appoint an officer as a timber plantation 6
officer only if, in the chief executive's opinion, the officer has the necessary 7
expertise or experience to be a timber plantation officer. 8
conditions 9
Appointment
52.(1) A timber plantation officer holds office on the conditions stated in 10
the instrument of appointment. 11
(2) A timber plantation officer ceases holding office-- 12
(a) if the appointment provides for a term of appointment--at the end 13
of the term; and 14
(b) if the appointment conditions provide--on ceasing to hold another 15
office stated in the appointment conditions (the "main office"). 16
(3) A timber plantation officer may resign by signed notice of resignation 17
given to the chief executive. 18
(4) However, a timber plantation officer may not resign from the office 19
under this Act (the "secondary office") if a condition of appointment to the 20
main office requires the officer to hold the secondary office. 21
unctions 22
F
53. The functions of a timber plantation officer are to-- 23
s 54 27 s 56
Timber Plantations (Harvest Guarantee)
(a) conduct investigations to monitor or enforce compliance with 1
section 49;2 and 2
(b) report to the chief executive on the officer's investigations. 3
4
Powers--general
54. For this Act, a timber plantation officer has the powers given to the 5
person under this Act. 6
of powers 7
Limitation
55. The powers of a timber plantation officer may be limited-- 8
(a) under a regulation; or 9
(b) under a condition of appointment; or 10
(c) by written notice of the chief executive given to the officer. 11
card 12
Identity
56.(1) The chief executive must give each timber plantation officer an 13
identity card. 14
(2) The identity card must-- 15
(a) contain a recent photograph of the officer; and 16
(b) be in a form approved by the chief executive; and 17
(c) be signed by the officer; and 18
(d) identify the person as a timber plantation officer under this Act. 19
(3) A person who ceases to be a timber plantation officer must return the 20
person's identity card to the chief executive within 21 days after the person 21
ceases to be a timber plantation officer, unless the person has a reasonable 22
excuse. 23
Maximum penalty for subsection (3)--10 penalty units. 24
2 Section 49 (Compliance with harvesting codes)
s 57 28 s 58
Timber Plantations (Harvest Guarantee)
(4) This section does not prevent the giving of a single identity card to a 1
person for this and other Acts or for other purposes. 2
or display of identity card 3
Production
57.(1) A timber plantation officer may exercise a power under this Act in 4
relation to a person only if the officer-- 5
(a) first produces the officer's identity card for inspection by the 6
person; or 7
(b) has the officer's identity card displayed so that it is clearly visible 8
to the person. 9
(2) However, if, for any reason, it is not practicable to comply with 10
subsection (1), the officer must produce the identity card for inspection by 11
the person at the first reasonable opportunity. 12
Division 2--Powers of timber plantation officers 13
1--Entry of places 14
Subdivision
to enter 15
Power
58.(1) A timber plantation officer may enter a place if-- 16
(a) its occupier consents to the entry; or 17
(b) it is a public place and the entry is made when it is open to the 18
public; or 19
(c) the entry is authorised by a warrant; or 20
(d) it is an accredited timber plantation and the officer has given the 21
owner or manager of the plantation at least 7 days notice of the 22
officer's intention to enter the plantation. 23
(2) For the purpose of asking the occupier of a place for consent to enter, 24
a timber plantation officer may, without the occupier's consent or a 25
warrant-- 26
(a) enter land around premises at the place to an extent that is 27
s 59 29 s 59
Timber Plantations (Harvest Guarantee)
reasonable to contact the occupier; or 1
(b) enter part of the place the officer reasonably considers members 2
of the public ordinarily are allowed to enter when they wish to 3
contact the occupier. 4
(3) For subsection (1)(d), an accredited timber plantation does not include 5
a part of the plantation where a person resides. 6
2--Procedure for entry 7
Subdivision
with consent 8
Entry
59.(1) This section applies if a timber plantation officer intends to ask an 9
occupier of a place to consent to the officer or another timber plantation 10
officer entering the place under section 58(1)(a). 11
(2) Before asking for the consent, the officer must tell the occupier-- 12
(a) the purpose of the entry; and 13
(b) that the occupier is not required to consent. 14
(3) If the consent is given, the officer may ask the occupier to sign an 15
acknowledgment of the consent. 16
(4) The acknowledgment must state-- 17
(a) the occupier has been told-- 18
(i) the purpose of the entry; and 19
(ii) that the occupier is not required to consent; and 20
(b) the purpose of the entry; and 21
(c) the occupier gives the officer consent to enter the place and 22
exercise powers under this part; and 23
(d) the time and date the consent was given. 24
(5) If the occupier signs the acknowledgment, the officer must 25
immediately give a copy to the occupier. 26
(6) A court must find the occupier of a place did not consent to a timber 27
plantation officer entering the place under this part if-- 28
s 60 30 s 61
Timber Plantations (Harvest Guarantee)
(a) an issue arises in a proceeding before the court whether the 1
occupier of the place consented to the entry under 2
section 58(1)(a); and 3
(b) an acknowledgment mentioned in subsection (4) is not produced 4
in evidence for the entry; and 5
(c) it is not proved by the person relying on the lawfulness of the 6
entry that the occupier consented to the entry. 7
for warrant 8
Application
60.(1) A timber plantation officer may apply to a magistrate for a warrant 9
for a place. 10
(2) The application must be sworn and state the grounds on which the 11
warrant is sought. 12
(3) The magistrate may refuse to consider the application until the officer 13
gives the magistrate all the information the magistrate requires about the 14
application in the way the magistrate requires. 15
16
Example--
17
The magistrate may require additional information supporting the application to be
18
given by statutory declaration.
of warrant 19
Issue
61.(1) The magistrate may issue a warrant only if the magistrate is 20
satisfied there are reasonable grounds for suspecting-- 21
(a) there is a particular thing or activity (the "evidence") that may 22
provide evidence of an offence against section 49;3 and 23
(b) the evidence is at the place or, within the next 3 days, may be at 24
the place. 25
(2) The warrant must state-- 26
(a) that a stated timber plantation officer may, with necessary and 27
reasonable help and force-- 28
3 Section 49 (Compliance with harvesting codes)
s 62 31 s 62
Timber Plantations (Harvest Guarantee)
(i) enter the place and any other place necessary for entry; and 1
(ii) exercise the officer's powers under this part; and 2
(b) the offence for which the warrant is sought; and 3
(c) the evidence that may be seized under the warrant; and 4
(d) the hours of the day or night when the place may be entered; and 5
(e) the date, within 7 days after the warrant's issue, the warrant ends. 6
warrants 7
Special
62.(1) A plantation officer may apply for a warrant (a "special 8
warrant") by phone, fax, radio or another form of communication if the 9
officer considers it necessary because of-- 10
(a) urgent circumstances; or 11
(b) other special circumstances, including, for example, the officer's 12
remote location. 13
(2) Before applying for the warrant, the officer must prepare an 14
application stating the grounds on which the warrant is sought. 15
(3) The officer may apply for the warrant before the application is sworn. 16
(4) After issuing the warrant, the magistrate must promptly fax a copy to 17
the officer if it is reasonably practicable to fax the copy. 18
(5) If it is not reasonably practicable to fax a copy to the officer-- 19
(a) the magistrate must tell the officer-- 20
(i) what the terms of the warrant are; and 21
(ii) the date and time the warrant was issued; and 22
(b) the officer must complete a form of warrant (a "warrant form") 23
and write on it-- 24
(i) the magistrate's name; and 25
(ii) the date and time the magistrate issued the warrant; and 26
(iii) the terms of the warrant. 27
(6) The facsimile warrant, or the warrant form properly completed by the 28
officer, authorises the entry and the exercise of the other powers stated in the 29
s 63 32 s 63
Timber Plantations (Harvest Guarantee)
warrant issued by the magistrate. 1
(7) The officer must, at the first reasonable opportunity, send the 2
magistrate-- 3
(a) the sworn application; and 4
(b) if the officer completed a warrant form--the completed warrant 5
form. 6
(8) On receiving the documents, the magistrate must attach them to the 7
warrant. 8
(9) A court must find the exercise of the power by a plantation officer 9
was not authorised by a special warrant if-- 10
(a) an issue arises in a proceeding before the court whether the 11
exercise of the power was authorised by a special warrant; and 12
(b) the warrant is not produced in evidence; and 13
(c) it is not proved by the person relying on the lawfulness of the 14
entry that the occupier consented to the entry. 15
before entry 16
Warrants--procedure
63.(1) This section applies if a timber plantation officer named in a 17
warrant issued under this part for a place is intending to enter the place 18
under the warrant. 19
(2) Before entering the place, the officer must do or make a reasonable 20
attempt to do the following things-- 21
(a) give the person a copy of the warrant; 22
(b) tell the person the officer is permitted by the warrant to enter the 23
place; 24
(c) give the person an opportunity to allow the officer immediate 25
entry to the place without using force. 26
(3) However, the officer need not comply with subsection (2) if the 27
officer believes on reasonable grounds that immediate entry to the place is 28
required to ensure the effective execution of the warrant is not frustrated. 29
s 64 33 s 65
Timber Plantations (Harvest Guarantee)
Subdivision 3--Powers after entry 1
powers after entering places 2
General
64.(1) This section applies to a timber plantation officer who enters a 3
place. 4
(2) However, if a timber plantation officer-- 5
(a) enters a place to get the occupier's consent to enter premises, this 6
section applies to the officer only if the consent is given; or 7
(b) enters a place under a warrant, this section applies subject to the 8
warrant. 9
(3) For monitoring or enforcing compliance with section 49, the officer 10
may-- 11
(a) search any part of the place; or 12
(b) inspect a document in or on the place; or 13
(c) take extracts from, or make copies of, a document in or on the 14
place; or 15
(d) take into or onto the place any persons, equipment and materials 16
the officer reasonably requires for exercising a power under this 17
Act; or 18
(e) require the occupier of the place, or a person at the place, to give 19
the officer reasonable help to exercise the officer's powers under 20
paragraphs (a) to (d) (a "help requirement"); or 21
(f) require the occupier of the place, or a person at the place, to give 22
the officer information to help the officer find out whether 23
section 49 is being complied with (an "information 24
requirement"). 25
(4) When making a help requirement or information requirement, the 26
officer must warn the person it is an offence to fail to comply with the 27
requirement, unless the person has a reasonable excuse. 28
to help or give timber plantation officer information 29
Failure
65.(1) A person of whom a help requirement or information requirement 30
s 66 34 s 67
Timber Plantations (Harvest Guarantee)
has been made must comply with the requirement, unless the person has a 1
reasonable excuse. 2
Maximum penalty--10 penalty units. 3
(2) It is a reasonable excuse for the person not to comply with the 4
requirement if-- 5
(a) complying with it might tend to incriminate the person; or 6
(b) the help or information required concerns managing or harvesting 7
for an accredited timber plantation and is commercially sensitive. 8
or misleading statements 9
False
66.(1) A person must not state anything to a timber plantation officer in 10
response to a help requirement or information requirement that the person 11
knows is false or misleading in a material particular. 12
Maximum penalty--100 penalty units. 13
(2) It is enough for a complaint for an offence against subsection (1) to 14
state the statement made was `false or misleading' to the person's 15
knowledge, without specifying which. 16
4--Power to seize evidence 17
Subdivision
to seize evidence from places 18
Power
67.(1) A timber plantation officer who enters a place under 19
section 58(1)(d) may seize a thing at the place if the officer reasonably 20
believes the thing is evidence of an offence against section 49. 21
(2) A timber plantation officer who enters a place under this division 22
under a warrant may seize the evidence for which the warrant was issued. 23
(3) A timber plantation officer who enters a place under this division 24
under a warrant, or enters a place with the occupier's consent, may seize a 25
thing if the officer suspects, on reasonable grounds-- 26
(a) the thing is evidence of the commission of an offence against 27
section 49; and 28
(b) the seizure is necessary to prevent-- 29
s 68 35 s 70
Timber Plantations (Harvest Guarantee)
(i) the thing's concealment, loss or destruction; or 1
(ii) the thing's use in committing, continuing or repeating the 2
offence. 3
for seized things 4
Receipts
68.(1) As soon as practicable after a timber plantation officer seizes a 5
thing, the timber plantation officer must give a receipt for it to the person 6
from whom it was seized. 7
(2) However, if for any reason it is not practicable to comply with 8
subsection (1), the officer must leave the receipt at the place of seizure in a 9
conspicuous position and in a reasonably secure way. 10
(3) The receipt must describe generally the thing seized and its condition. 11
plantation officer to allow inspection etc. 12
Timber
69. Until a seized thing is returned or otherwise finally dealt with under 13
this Act, a timber plantation officer must allow a person who would be 14
entitled to possession of it, if it had not been seized-- 15
(a) to inspect it free of charge; or 16
(b) if it is a document, to obtain a copy of it free of charge. 17
to return seized things 18
Obligation
70.(1) This section applies if a thing is seized under this subdivision. 19
(2) The chief executive must return the seized thing to its owner at the 20
end of-- 21
(a) 6 months; or 22
(b) if a prosecution for an offence involving the thing is started within 23
the 6 months--the prosecution for the offence and any appeal 24
from the prosecution. 25
(3) Despite subsection (2), the chief executive must return the seized 26
thing to the owner immediately if the chief executive stops being satisfied its 27
retention as evidence is necessary. 28
s 71 36 s 73
Timber Plantations (Harvest Guarantee)
Subdivision 5--Power to obtain documents 1
to require production of documents 2
Power
71.(1) A timber plantation officer may require (a "document 3
production requirement") a person to produce a stated document held or 4
kept by the person to help the officer find out whether section 49 is being 5
complied with. 6
(2) In making the document production requirement, the officer must 7
nominate a reasonable time and place to produce the document. 8
(3) The officer may keep the document to copy it. 9
(4) The officer must return the document to the person as soon as 10
practicable after copying it. 11
to produce document 12
Failure
72.(1) A person of whom a document production requirement has been 13
made must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty--100 penalty units. 16
(2) It is a reasonable excuse for the person not to comply with the 17
requirement if-- 18
(a) complying with it might tend to incriminate the person; or 19
(b) the document concerns managing or harvesting of an accredited 20
timber plantation and is commercially sensitive. 21
Subdivision 6--General enforcement matters 22
a timber plantation officer 23
Obstructing
73.(1) A person must not obstruct a timber plantation officer in the 24
exercise of a power, unless the person has a reasonable excuse. 25
Maximum penalty--40 penalty units. 26
s 74 37 s 76
Timber Plantations (Harvest Guarantee)
(2) In this section-- 1
"obstruct" includes hinder and resist, and attempt to obstruct. 2
3
Compensation
74.(1) A person may claim compensation from the State if the person 4
incurs loss or expense because of the exercise or purported exercise of a 5
power under this division. 6
(2) Payment of compensation may be claimed and ordered in a 7
proceeding for-- 8
(a) compensation brought in a court of competent jurisdiction; or 9
(b) an offence against this Act brought against the person making the 10
claim for compensation. 11
(3) A court may order the payment of compensation for the loss or 12
expense only if satisfied it is just to make the order in the circumstances of 13
the particular case. 14
PART 6--MISCELLANEOUS 15
are summary offences 16
Offences
75. An offence against this Act is a summary offence. 17
and authority 18
Appointments
76.(1) It is not necessary to prove in a proceeding under this Act-- 19
(a) the chief executive's appointment; or 20
(b) a timber plantation officer's appointment; or 21
(c) the authority of the chief executive or a timber plantation officer to 22
do anything under this Act. 23
(2) Subsection (1) does not apply if reasonable notice is given to the party 24
s 77 38 s 80
Timber Plantations (Harvest Guarantee)
relying on the appointment or authority that the appointment or authority is 1
to be challenged. 2
provisions 3
Evidentiary
77.(1) This section applies to a proceeding under this Act. 4
(2) A signature purporting to be the signature of the chief executive or a 5
timber plantation officer is evidence of the signature it purports to be. 6
(3) A certificate purporting to be signed by the chief executive stating any 7
of the following matters is evidence of the matter-- 8
(a) a particular timber plantation was or was not accredited at a time 9
stated in the certificate; 10
(b) on a stated day, a stated person was given a stated notice under 11
this Act. 12
of Act 13
Review
78.(1) The Minister must review this Act to decide whether-- 14
(a) the purpose of the Act is still appropriate; and 15
(b) the provisions of this Act are still appropriate for the purpose. 16
(2) The review must start as soon as possible after the fifth anniversary 17
of the date of assent. 18
(3) The Minister must table in the Legislative Assembly a report on the 19
outcome of the review within 1 year after the fifth anniversary. 20
forms 21
Approved
79. The chief executive may approve forms for use under this Act. 22
power 23
Regulation-making
80.(1) The Governor in Council may make regulations under this Act. 24
(2) A regulation may impose-- 25
(a) a fee; or 26
s 81 39 s 82
Timber Plantations (Harvest Guarantee)
(b) a penalty of not more than 20 penalty units for contravention of a 1
regulation. 2
(3) A regulation may make provision about a matter for which-- 3
(a) it is necessary to make provision of a savings or transitional 4
nature consequent on the enactment of this Act; and 5
(b) this Act does not make provision or sufficient provision. 6
(4) Subsection (3) and this subsection expire 1 year after the date of 7
assent. 8
PART 7--TRANSITIONAL PROVISION 9
code to be made within 1 year 10
Harvesting
81. The chief executive must make a harvesting code applicable for all 11
accredited timber plantations within 1 year after the date of assent. 12
of pt 7 13
Expiry
82. This part expires 1 year after the date of assent. 14
40
Timber Plantations (Harvest Guarantee)
SCHEDULE 1
¡
DICTIONARY 2
section 5 3
"accreditation" means accreditation under this Act as an accredited timber 4
plantation. 5
"accreditation certificate" means an accreditation certificate issued under 6
section 14(1). 7
"accreditation conditions" see section 12(1). 8
"accreditation register" see section 21(1). 9
"accredited timber plantation" means a timber plantation or proposed 10
timber plantation for which an accreditation under part 2 is in force. 11
"approved form" means a form approved under section 79. 12
"canopy trees", for an area of land, means the trees that-- 13
(a) form the tree canopy for the area; or 14
(b) are expected to form the tree canopy for the area when they 15
mature. 16
"document production requirement" see section 71(1). 17
"EPA" see section 3(1)(b). 18
"harvesting code" means a timber plantation (environment protection) 19
harvesting code made under section 47. 20
"harvesting operation" see section 7. 21
"help requirement" see section 64(3)(e). 22
"information requirement" see section 64(3)(f). 23
"IPA" see section 3(1)(b). 24
"LGA" see section 3(1)(b). 25
41
Timber Plantations (Harvest Guarantee)
SCHEDULE (continued)
"manager", of a timber plantation or proposed timber plantation, means the 1
person in charge of harvesting operations on the timber plantation or 2
proposed timber plantation. 3
"NCA" see section 3(1)(b). 4
"natural forest area" means an area of land on which the predominant 5
number of canopy trees-- 6
(a) grow naturally in the area; or 7
(b) have been self-sown; or 8
(c) have not been planted. 9
"notice" means a notice in writing. 10
"original decision" see section 36. 11
"owner", of a timber plantation or proposed timber plantation, means-- 12
(a) for freehold land--the registered proprietor or a lessee of the land; 13
or 14
(b) for land that is held from the State for an estate or interest less 15
than fee simple and for which the interest is recorded in a register 16
mentioned in the Land Act 1994, section 276--the person 17
recorded in the register as the registered holder of the interest. 18
"proposed timber plantation" means land on which it is proposed to 19
establish a timber plantation. 20
"rectification direction" see section 31(2). 21
"relevant owner", for an accreditation, means each owner of the timber 22
plantation or proposed timber plantation to which the accreditation 23
relates. 24
"review decision" see section 39(2). 25
"show cause notice" see section 28(1). 26
"show cause period" see section 28(1)(f) and 29(2)(e). 27
"suspension notice" see section 29(1). 28
"timber plantation" see section 6. 29
42
Timber Plantations (Harvest Guarantee)
SCHEDULE (continued)
"timber plantation officer" means a person who is appointed under this 1
Act as a timber plantation officer. 2
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