Victorian Consolidated Legislation

Forests Act 1958 - SECT 96

Offences

96. Offences

Every person who commits or attempts to commit or aids or abets any person who
commits or attempts to commit any of the following offences shall be liable to
imprisonment for a term of not more than one year or to a penalty of not more
than 50 penalty units, or to both such imprisonment and penalty-

   (a)  counterfeits upon any tree or timber or unlawfully affixes to any
        forest produce a mark used by authorised officers to indicate that
        such produce is the property of the Crown or that it may be lawfully
        cut or removed;

   (b)  without due authority makes or causes to be made or uses or causes to
        be used or has in his possession a brand or stamp which resembles or
        purports to be a brand or stamp such as is usually used by authorised
        officers to indicate that forest produce is the property of the Crown
        or that it may be lawfully cut or removed;

   (c)  counterfeits or without due authority issues any licence permit or
        order for the cutting removal or sale of forest produce;

   (d)  unlawfully alters obliterates defaces pulls up removes or destroys any
        boundary mark or any stamp mark sign licence permit or order used or
        issued by any officer or person appointed or employed by the
        Secretary;

   (e)  unlawfully cuts breaks throws down or in anywise destroys or damages
        any building barrier or fence of any description whatsoever or any
        wall stile or gate or any part thereof respectively in or enclosing
        any forest or who unlawfully cuts through or breaks down or otherwise
        destroys the bank dam or wall or any part of any lake or any natural
        or artificial reservoir or pond of water within or partly within and
        adjoining any forest;

   (f)  corrupts or attempts to corrupt by promises offers gifts or presents
        any authorised officer for the purpose of obtaining a favourable
        report recommendation certificate valuation or royalty assessment
        whether in respect of any place employment sale auction lease licence
        permit authority or any other benefit whatsoever, or for the purpose
        of obtaining abstention on the part of any authorised officer from any
        act which forms part of his duties or refuses or fails to comply with
        any lawful direction of an authorised officer;

   (g)  being an authorised officer accepts any bribe or receives any gift or
        present in connexion with the performance of the functions of his
        office;

   (h)  without a licence or permit therefor does or causes to be done any act
        matter or thing for which a licence or permit may be issued under the
        provisions of this Act;

        (i)    without the written authority of an authorised officer removes
               from any area or from any lands within any State forest any
               timber or forest produce without previously paying the proper
               royalty or fee due thereon;

   (j)  cuts splits fells obtains or removes any forest produce on or from any
        lands within any forest or on or from any portion of any forest not
        specified in any licence or permit issued to him under the provisions
        of this Act;

   (k)  removes from any forest without the written authority of an authorised
        officer any timber (other than timber resources within the meaning of
        the Sustainable Forests (Timber) Act 2004) before the same has been
        branded by an authorised officer;

   (l)  furnishes an authorised officer with a false or incorrect statement of
        any forest produce cut split felled or removed by him or by any agent
        or employee of his on which royalties dues or charges are payable to
        the Crown;



   (m)  under cover of a miner's right within any forest cuts splits fells
        obtains or removes any timber (including timber resources within the
        meaning of the Sustainable Forests (Timber) Act 2004) for sale;

   (n)  marks barks ringbarks saprings girdles fells or otherwise kills
        destroys damages or injures any tree or plant contrary to the
        provisions of this Act or any regulation or the
        Sustainable Forests (Timber) Act 2004;

   (o)  is found in possession of any forest produce without having been
        authorised by an authorised officer to cut or remove the same;

   (p)  without being authorized by an authorised officer deposits or causes
        to be deposited in any reserved forest any waste products or refuse
        matter of farms or dairies or otherwise or any night-soil manure or
        rubbish or the carcass of any dead cattle;

   (q)  drives a vehicle upon any road track tramway or other work constructed
        or maintained by the Secretary which is closed for use by the public.