Western Australian Current Acts Western Australian Current Acts (1) A person shall
not, without lawful authority, fell, cut, injure, destroy, obtain, or remove
any forest produce in, on, or from any land to which this section applies.
Penalty: $10 000 and imprisonment for one year.
(2) Any person found
within any land to which this section applies, or on any road in the vicinity
thereof, and having in his possession any forest produce, who on being
required to do so by an authorised officer refuses or fails to give an account
to the satisfaction of such officer of the manner in which he became possessed
of such forest produce, commits an offence, and is liable to a fine of $200.
(2a) A person has
lawful authority for the purposes of subsection (1) in relation to land that
is classified under Division 2 of Part V as a forest conservation area only if
the person fells, cuts, injures, destroys, obtains, or removes any forest
produce in, on, or from that land in accordance with —
(a) a
written authorisation given by the CEO; or
(b) a
Part VIII Division 1 authorisation.
(2b) The power of the
CEO to give an authorisation under subsection (2a)(a) is exercisable only
—
(a)
consistently with any management plan for the land concerned; and
(b) with
the approval of the Minister; and
(c) in
the case of section 8A land, consistently with the relevant section 8A
agreement; and
(d) in
conformity with section 33(2) and (3).
(2c) In subsection
(2a)(b) —
Part VIII Division 1 authorisation means —
(a) a
contract entered into under section 88(1)(b); or
(b) a
permit described in section 89; or
(c) a
licence described in section 90; or
(d) a
licence or permit granted under section 97A.
(3) Where a person is
convicted of an offence against this section the forest produce in respect of
which the offence was committed is the property of the Crown and may be
disposed of as the CEO may direct.
(4) This section
applies to —
(a) land
to which this Part applies; and
(b)
Crown land within the meaning in section 11.
[Section 103 inserted: No. 20 of 1991 s. 42;
amended: No. 35 of 2000 s. 39; No. 28 of 2006 s. 209; No. 36 of 2011 s. 41.]