Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 146

    (1)     A person commits an offence if—

        (a)     the person damages fallen timber; and

        (b)     the timber—

              (i)     is native timber; and

              (ii)     has a diameter of more than 10cm; and

              (iii)     is on unleased land.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if—

        (a)     the person takes fallen timber from land; and

        (b)     the timber is native timber; and

        (c)     the land is—

              (i)     unleased land; or

              (ii)     leased land outside a built-up urban area.

Maximum penalty: 50 penalty units.

Note     Built-up urban area —see s 139.
Native timber"—see s 139.
"Take —see s (7).

    (3)     This section does not apply to a person if the person is—

        (a)     a public servant exercising a function as a public servant; or

        (b)     authorised to engage in the conduct constituting the offence under a development approval under the Planning Act 2023

, chapter 7.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     A person has the benefit of the chapter 6 exceptions for an offence against this section.

Note     The chapter 6 exceptions are set out in s 153.

    (5)     In addition to the penalty that may be imposed for an offence against subsection (2), the court may order the defendant to—

        (a)     make good the damage incurred; or

        (b)     pay the Territory the cost of making good the damage.

    (6)     The Territory may enforce an order made under subsection (5) as if it were a judgment of the Magistrates Court in a civil proceeding.

    (7)     In this section:

"take "means—

        (a)     for timber on leased land—take the timber from the land subject to the lease; or

        (b)     for timber on unleased land—take the timber from the immediate vicinity.