Diseases in Timber Act 1975

An Act to provide for the taking of measures for the extermination or the prevention or control of the dissemination of any disease in timber and for related purposes

1Short title

This Act may be cited as the Diseases in Timber Act 1975 .

2Commencement

This Act shall commence on a date appointed by proclamation.

3Interpretation

In this Act—

article means anything manufactured from timber of any species or of which timber of any species forms part.

chief executive...

def chief executive ins 1992 No. 15 s 13 sch

om 1994 No. 15 s 3 sch 1

Conservator ...

def Conservator om 1992 No. 15 s 13 sch 1

disease means a disease that affects timber, caused by or consisting of the presence of an insect, fungus or other organism declared by regulation to be a disease for the purposes of this Act.

def disease amd 1994 No. 15 s 3 sch 1

forest officer means a forest officer within the meaning of the Forestry Act 1959 .

infected area means an area declared by regulation to be an infected area for the purposes of this Act.

def infected area amd 1994 No. 15 s 3 sch 1

occupier means the person in occupation of any place.

owner means the person other than the Crown or a person representing the Crown who for the time being is entitled to the rents and profits of any land: in the case of land held from the Crown for an estate less than freehold the term means the person who holds directly from the Crown.

place means a place within the meaning of the Forestry Act 1959 .

timber includes the trunk or a branch, stump or root of a tree and all wood whether or not cut up, sawn, hewn, split or otherwise fashioned.

4Powers of Governor in Council

(1)The Governor in Council by regulation—

(a)may declare any disease affecting timber to be a disease within the meaning of this Act;

(b)may, where the Governor in Council is satisfied that there is present in any area an infestation of timber by a disease, declare that area or any part thereof to be an infected area with respect to that disease;

(c)may declare any disease specified therein to be a disease in respect of which notification is to be given pursuant to this Act.

(2)The Governor in Council, by regulation—

(a)may prohibit the removal from an infected area of any timber or article specified therein save upon such terms, conditions or restrictions as are prescribed or so far as not prescribed as the Governor in Council determines;

(b)may authorise the taking, in an infected area, of measures for the extermination or the prevention or control of the dissemination of the disease in respect of which the infected area is declared.

s 4 amd 1994 No. 15 s 3 sch 1

5Powers of chief executive

(1)Where a regulation made pursuant to section 4 authorises the taking of measures referred to in section 4 (2) (b), the chief executive shall cause to be taken, in the infected area and in the manner prescribed, such measures as the chief executive considers necessary to exterminate or to prevent or control the dissemination of the disease in respect of which the infected area is declared.

s 5 amd 1992 No. 15 s 13 sch; 1994 No. 15 s 3 sch 1

6Powers of forest officer

(1)A forest officer at any time for the purposes of this Act—

(a)may enter any place;

(b)may make with respect to any place an investigation or enquiry;

(c)may inspect, examine and test any article or timber found by the forest officer in any place;

(d)may inspect, examine and test any article or timber being conveyed, or at any place in the course of or for the purpose of being conveyed, from one place to another;

(e)may select and remove for inspection or testing any article (or part thereof) or timber (or sample thereof) found by the forest officer in any place that the forest officer suspects on reasonable grounds may be infested with a disease;

(f)may seize and detain any article or timber that the forest officer suspects on reasonable grounds may be infested with a disease;

(g)may remove any article or timber seized by the forest officer from the place where it was seized to such place as the forest officer determines or may allow it to remain at the place of seizure and, in the latter case, may make such arrangements as the forest officer considers necessary to protect it;

(h)may exercise such other powers and discharge such other functions and duties as are prescribed.

(2)A forest officer shall not enter any place for the purposes of this Act unless the forest officer has upon his or her person the certificate of authority issued to the forest officer.

(2A)Upon demand made by the occupier of any place about to be so entered, the forest officer shall show to the occupier that certificate.

(3)Before a forest officer enters any part of a place which part is being used exclusively as a dwelling house the forest officer shall, save where the forest officer has the permission of the occupier of that part to the forest officer’s entry, obtain from a justice a warrant to enter.

(3A)A justice who is satisfied upon the complaint of a forest officer that there is reasonable cause to suspect that there is in any place within an infected area timber that is infested by the disease in respect of which the infected area has been declared may issue the justice’s warrant directed to the forest officer to enter the place specified in the warrant for the purpose of exercising therein the powers conferred on a forest officer under this Act.

(3B)A warrant shall be, for the period of 1 month from the date of its issue, sufficient authority for the forest officer and all persons acting in aid of the forest officer—

(a)to enter the place specified in the warrant; and

(b)to exercise therein the powers conferred on a forest officer by this Act.

(3C)In subsections (3) to (3B) part of a place that is used as a dwelling house does not include the curtilage of that part.

(4)For the purposes of gaining entry to any place a forest officer may call to his or her aid such persons as the forest officer thinks necessary and those persons, while acting in aid of a forest officer in the lawful exercise by the forest officer of his or her power of entry, shall have a like power of entry.

s 6 amd 2000 No. 5 s 373 sch 2

7Offences

A person—

(a)shall not assault, obstruct, threaten, abuse, insult or intimidate a forest officer or other person in the exercise of his or her powers or the discharge of his or her functions and duties under this Act, or attempt so to do;

(b)shall not fail to answer any question put to the person for the purposes of this Act by a forest officer or give a false or misleading answer to any question put;

(c)shall not fail to comply with a lawful requisition or order of a forest officer;

(d)shall not refuse to allow to be seized, removed or detained in accordance with this Act any timber or article;

(e)shall not take or retake possession of, remove or otherwise deal with, any timber or article seized, removed or detained under this Act;

(f)shall not remove from an infected area any timber or article infested with a disease in respect of which the infected area has been declared.

8Notice to occupiers or owners

(1)Where an infected area has been declared pursuant to section 4 (1) (b), the chief executive shall, prior to taking measures for the extermination or the prevention or control of the dissemination of the disease in respect of which the infected area has been declared, give to the occupier of every place within that area where those measures are to be taken, in writing, 14 days notice of the chief executive’s intention to take those measures and, where the chief executive requires a place to be vacated, of that requirement.

(2)Where there is no occupier of any place or the occupier cannot be found that notice shall be given to the owner thereof.

s 8 amd 1992 No. 15 s 13 sch

9Provision of alternative accommodation

(1)Where measures taken pursuant to this Act necessitate the vacation of a dwelling house for any period of time by the occupier thereof, the chief executive—

(a)shall arrange suitable alternative living accommodation during that period for that occupier and the members of the occupier’s household;

(b)shall arrange for the removal from that dwelling house and the storage of any furniture and effects of that occupier or the members of the occupier’s household, required to be removed from that dwelling house.

(2)Expenses incurred following action taken pursuant to subparagraphs (1)(a) and (b) shall be paid by the chief executive out of moneys appropriated by Parliament for the administration of this Act.

s 9 amd 1992 No. 15 s 13 sch

10Notice of notifiable disease

(1)A person who discovers in timber or any article in any place evidence of the presence of a disease declared by regulation to be a notifiable disease shall, within 24 hours of that discovery, notify the forest officer nearest to that place thereof.

(2)Upon receipt of a notification pursuant to subsection (1), the forest officer shall undertake forthwith investigations and enquiries pertaining to the matter and report thereon to the chief executive.

s 10 amd 1992 No. 15 s 13 sch; 1994 No. 15 s 3 sch 1

11Compensation

(1)A person who suffers loss or damage by reason of any measure taken for the purposes of this Act shall be entitled to claim in the manner prescribed compensation for such loss or damage.

(2)A claim for compensation shall be made to the Minister whose decision thereon shall be final and conclusive.

12Offences generally and penalty

(1)A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act.

(2)A person who—

(a)fails to do that which the person is directed or required to do;

(b)does that which the person is forbidden to do;

by a person acting under the authority of this Act commits an offence against this Act.

(3)Where no penalty is expressly provided, a person who commits an offence against this Act is liable to a penalty of $500.

13Proceedings for offences

A prosecution for an offence against this Act—

(a)shall be taken by way of summary proceedings under the Justices Act 1886 ;

(b)may be instituted on complaint by a forest officer or any person authorised in writing in that behalf generally or in a particular case by the chief executive.

s 13 amd 1992 No. 15 s 13 sch

16Evidentiary provisions

In a proceeding for the purposes of this Act it shall not be necessary to prove—

(a)the appointment of a forest officer or other authorised officer;

(b)the authority of a forest officer or other authorised officer to do an act or give a direction or issue or serve a notice or take a proceeding.

17Regulation making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may create offences and prescribe penalties of not more than 2 penalty units for the offences.

s 17 sub 1994 No. 15 s 3 sch 1