AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 21

21. Contravention, &c., of certified forest practices plan

(1) Where a forest practices plan has been certified by the Authority in respect of forest practices on any land and is in force under this Act–

(a) any person who in carrying out any act, or in omitting to carry out any act, contravenes or fails to comply with the provisions of the plan; or

(b) any timber processor who causes forest practices on that land or any operations associated with forest practices on that land to be carried out in contravention of the provisions of the plan; or

(ba) any person who harvests tree ferns under the plan without affixing a tag in accordance with section 17(5A)(b); or

(c) any owner of land who causes forest practices on that land or any operations associated with forest practices on that land to be carried out in contravention of the provisions of the plan–

is guilty of an offence and is liable on summary conviction to a fine not exceeding 1 000 penalty units or a daily fine not exceeding 50 penalty units.
(1A) A person is guilty of an offence under subsection (1) if it is proven, on the balance of probabilities, that the person committed the offence.
(1B) In any proceedings under subsection (1) the production of a certificate purporting to be signed by the chairperson of the Board stating that, at a time or during a period specified in the certificate, a physical feature specified in the certificate was within a particular classification or had a particular status under the Forest Practices Code, as specified in the certificate, is evidence of the matters contained in the certificate.
(2) Where a daily fine is imposed under subsection (1) for a contravention of that subsection the total fine imposed is not to exceed 1 000 penalty units.
(3) Where a certified forest practices plan includes provisions relating to the restocking of the land to which the plan relates with trees, any person required in that plan to comply with any of those provisions who fails to comply with those provisions is guilty of an offence and is liable on summary conviction to a fine not exceeding 250 penalty units.
(4) It is a defence to a charge under subsection (3) if the defendant proves to the satisfaction of the court that he or she did not consent to the imposition on him or her in the certified forest practices plan of the requirement to comply with any of the provisions of that plan.



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