SOIL AND LAND CONSERVATION ACT 1945 - SECT 44
SOIL AND LAND CONSERVATION ACT 1945 - SECT 44
44 . Penalties and proceedings for offences
(1) Any person who
contravenes or fails to comply with any provision of this Act shall, where no
other penalty is expressly provided, be liable to a penalty not exceeding $2
000.
[(2) deleted]
(3) Proceedings for an
offence against this Act or the regulations may be commenced at any time
within 2 years after the offence was committed but not afterwards.
(4) In any proceedings
for offences against this Act or the regulations in which a question arises as
to whether land degradation was liable or likely to become liable to occur, or
did occur, as a result of the actions of the owner or occupier of any land
—
(a) the
occupier of the land is, in the absence of evidence to the contrary, deemed to
have taken the action; and
(b) the
owner of the land is, unless the contrary is proved, deemed to have permitted
the action to be taken.
[Section 44 amended: No. 113 of 1965 s. 8; No. 42
of 1982 s. 40; No. 20 of 1989 s. 3; No. 91 of 1990 s. 13; No. 47 of 1994
s. 24; No. 59 of 2004 s. 141.]