(1) In this section
—
plant includes spore, seed or other product of the
reproductive cycle of a plant;
structure includes —
(a)
building; and
(b)
post, pile, stake, pipe, chain, wire or other thing that is fixed to the soil
or to anything fixed to the soil; and
(c)
materials, objects and fixtures in the area of the structure.
(2) A person commits
an offence if the person, without either the permission of the Minister or
reasonable excuse —
(a)
resides on Crown land; or
(b)
constructs roads or tracks, or erects any structure, on Crown land; or
(c)
clears, encloses, cultivates or causes or allows stock to graze on Crown land;
or
(d)
excavates Crown land or reclaims Crown land below high water mark; or
(e)
collects, drills for or stores water on, or takes water from, Crown land; or
(f)
removes from Crown land any plant (whether alive or dead) or such other thing
of any kind as is prescribed; or
(g)
deposits or leaves any thing of any kind on Crown land; or
(h)
discharges any firearm or other weapon on Crown land.
Penalty for this subsection:
(a) a
fine of $20 000;
(b) a
daily penalty of a fine of $400 for each day or part of a day during which the
offence continues.
(3) If a continuing
state of affairs is created by an offence under subsection (2) and that state
of affairs continues after —
(a) a
person is convicted of that offence; and
(b) the
court considers that that state of affairs could reasonably have been
discontinued by the person,
the person commits an
additional offence and is liable to an additional penalty of $400 for each day
on which the additional offence so continues.
(4) Subject to
subsection (5), a prosecution for an offence under subsection (2) must be
commenced within 10 years after the date on which the offence is alleged to
have been committed.
(5) If an offence
under subsection (2) is of a continuing nature, a prosecution for the offence
may be commenced at any time during the continuance of that offence.
(6) In addition to any
penalty imposed for an offence under subsection (2) or (3), a person convicted
of that offence is liable to pay such amount by way of compensation or
reimbursement for the reinstatement or rehabilitation of any Crown land and
the cost of inspection, harvesting of crops or removal of stock or any other
cost incurred in relation to that reinstatement or rehabilitation as the court
convicting that person specifies.
(7) A person required
under subsection (6) to pay an amount specified under that subsection must pay
that amount to the clerk of the relevant court for transmission by that clerk
to the Minister.
(8) An amount required
under subsection (6) to be paid may be recovered by the Minister as a judgment
debt by action in a court of competent jurisdiction.
(9) Nothing in this
section affects any other provision of this Act or any provision of another
written law so far as that provision would, but for this section, have effect
in relation to a reserve, but a person is not liable to be punished more than
once for an act or omission that constitutes an offence both under this
section and any other such provision.
(10) In proceedings
for an offence under subsection (2), the accused has the onus of proving in
relation to the act or omission giving rise to that offence that —
(a) the
Minister permitted that act or omission or that the accused had a reasonable
excuse for that act or omission; or
(b) the
land on which that offence is alleged to have been committed was not at the
relevant time Crown land.
[Section 267 amended: No. 59 of 2004 s. 141; No.
84 of 2004 s. 82; No. 4 of 2023 s. 84 and 91.]