Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 97

Compensation

97. Compensation



(1) Without limiting section 86 of the Sentencing Act 1991, that section
applies to an offence under a relevant law as if-

   (a)  the reference in subsection (1) to property included a reference to-

   (i)  Crown land; and

   (ii) any natural feature on Crown land; and

   (iii) any road, structure, improvement, facility or thing on Crown land-

and also included a reference to property of the Secretary; and

   (b)  subsection (1) also provided that, on the application of the Secretary
        and on being satisfied that the Secretary has incurred charges, costs
        or expenses because of the commission of the offence a court may order
        the person so convicted or released or made the subject of a
        community-based order to pay such compensation (not exceeding the
        amount of the charges, costs or expenses incurred) as the court thinks
        fit; and

   (c)  the property or thing mentioned in paragraph (a) of this subsection
        belonged to the Secretary; and

   (d)  in subsection (1) the reference to any person suffering loss or
        destruction of or damage to property included a reference to the
        Secretary.

(2) Section 86 of the Sentencing Act 1991 applies to an offence under a
relevant law as if the reference to property in that section included-

   (a)  a reference to forest produce; and

   (b)  a reference to wildlife within the meaning of the Wildlife Act 1975;
        and



   (c)  a reference to fish or protected aquatic biota within the meaning of
        the Fisheries Act 1995.

(3) For the purpose of section 86 of the Sentencing Act 1991 as applied by
subsections (1) and (2)-



   (a)  if the property which has been lost, damaged or destroyed is forest
        produce a statement in a certificate under the seal of the Secretary
        as to the amount which the Secretary considers would have been payable
        by way of royalty if the forest produce had been taken in accordance
        with a licence granted under a relevant law is evidence of the value
        of the forest produce; and

   (b)  in any other case, a statement in a certificate under the seal of the
        Secretary as to the value of the property lost damaged or destroyed or
        as to the amount of charges, costs or expenses incurred is evidence of
        the value of that property or that amount.





(4) If under section 86 of the Sentencing Act 1991 a court may make an order
for compensation in relation to an offence against a relevant law where the
property lost damaged or destroyed is forest produce, the court instead of
making that order, may order the forest produce to be forfeited to the Crown.