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Contents (2012 - 96)
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Forestry Act 2012 No 96
Current version for 11 October 2019 to date (accessed 2 April 2020 at 04:40)
Part 5B Division 2A
Division 2A Enforcement and other provisions
69SA   Offence of contravening requirements of approval
(1)  A person who contravenes a requirement imposed by an integrated forestry operations approval is guilty of an offence.
Maximum penalty—
(a)  for an offence that was committed intentionally and that caused or was likely to cause significant harm to the environment—
(i)  in the case of a corporation—$5 million, or
(ii)  in the case of an individual—$1 million, or
(b)  for any other offence—
(i)  in the case of a corporation—$2 million, or
(ii)  in the case of an individual—$500,000.
(2)  This section applies to requirements (however described) imposed on the Forestry Corporation or on persons carrying out forestry operations and whether arising before, during or after the carrying out of forestry operations.
(3)  The higher maximum penalty under this section does not apply unless—
(a)  the prosecution establishes (to the criminal standard of proof) that the offence was committed intentionally and caused or was likely to cause significant harm to the environment, and
(b)  the court attendance notice or application commencing the proceedings alleged that those factors applied to the commission of the offence.
If any such allegation in the notice or application is not established by the prosecution, the lower maximum penalty under this section applies (whether or not the notice or application is amended).
(4)  This section does not operate to preclude the commission of an offence under Part 5A of the Local Land Services Act 2013, the Environmental Planning and Assessment Act 1979, the Protection of the Environment Operations Act 1997, the Biodiversity Conservation Act 2016 or Part 7A of the Fisheries Management Act 1994 in relation to the carrying out of forestry operations.
69SB   Enforcement functions of EPA
(1)  The Environment Protection Authority has the function of monitoring the carrying out of forestry operations to which this Part applies and the function of enforcing compliance with the requirements of integrated forestry operations approvals.
(2)  The Biodiversity Conservation Act 2016 contains provisions relating to the enforcement of this Part, and accordingly—
(a)  functions under Part 6 of this Act (Investigations and enforcement powers) are not exercisable in relation to any matter arising under this Part, and
(b)  proceedings for an offence against this Part or the regulations under this Part cannot be instituted under Part 7 of this Act (Criminal proceedings and related matters) and that Part does not apply to any such alleged offence.
Note.
 This Part (in addition to Parts 5A and 5B of the Local Land Services Act 2013) is native vegetation legislation (and offences under this Part are native vegetation offences) for the purposes of the Biodiversity Conservation Act 2016. Accordingly, the following provisions of that Act apply (to the extent specified in those provisions) to the enforcement of this Part—
(a)  Part 11 (Regulatory compliance mechanisms), except Division 3,
(b)  Part 12 (Investigation powers),
(c)  Part 13 (Criminal and civil proceedings),
(d)  Section 14.7A (Provisions relating to regulation or enforcement of native vegetation legislation).
See also section 13.14A of the Biodiversity Conservation Act 2016.
(3)  In this section—
enforcing compliance includes instituting criminal or civil proceedings.
monitoring includes investigating and reporting.
69SC   Enforcement cost recovery
(1)  The Corporation is required to pay to the Environment Protection Authority such annual licence fees in relation to integrated forestry operations approvals as are determined by the Ministers granting those approvals.
(2)  Any such annual licence fees are payable for the purpose of the recovery of the reasonable costs incurred by the Environment Protection Authority in exercising its function of monitoring the carrying out of forestry operations to which this Part applies and the function of enforcing compliance with the requirements of integrated forestry operations approvals.
(3)  Until any such annual licence fees are determined, the Corporation is required to pay to the Environment Protection Authority the annual licence fees payable in respect of the environment protection licences deemed to have been granted under Division 3 before its repeal by the Forestry Legislation Amendment Act 2018.