New South Wales Consolidated Acts

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FORESTRY ACT 2012 - SECT 55

Liability for resource acquisition fee if timber etc taken without licence

55 Liability for resource acquisition fee if timber etc taken without licence

(1916 Act, s 30H)

(1) If--
(a) a person takes, destroys or damages, or causes or allows the taking, destroying or damaging of, any timber, forest products or forest materials without lawful authority (whether or not by doing so the person is guilty of an offence under this Act), and
(b) the Corporation would, if the timber, forest products or forest materials had been taken under the authority conferred by a licence, have been entitled to determine a resource acquisition fee in respect of the timber, forest products or forest materials so taken,
the Corporation may certify in writing the amount that it determines would have been payable by way of a resource acquisition fee if the timber, forest products or forest materials had been taken under a licence.
(2) The Corporation may recover any such amount from the person as a debt in any court of competent jurisdiction.
(3) Section 53 applies in respect of an amount recovered by the Corporation under this section as if the amount were a resource acquisition fee paid to the Corporation under section 49.
(4) Subsection (3) does not require the Corporation, in respect of an amount recovered by it under this section, to make a payment out of the amount to the person from whom the amount is recovered.



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