THE SAWMILLS LICENSING ACTS, 1936 to 1965

Transcription

1 149 THE SAWMILLS LICENSING ACTS, 1936 to 1965 Sawmills Licensing Act of 1936, 1 Edw. 8 No.2 Amended by Sawmills Licensing Act Amendment Act of 1965, No. 11 An Act to Make Provision for the Stabilisation of the Timber Industry by the Licensing of Sawmills and Veneer and Plywood Mills and for other purposes [Assented to 24 September 1936] 1. Short title. This Act may be cited as "The Sawmills Licensing Act of 1936." Collective title conferred by Act of 1965, No. 11, s. 1 (3). 2. Interpretation. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:- "Association"-Any body of persons corporate or un incorporate other than a company; "Certificate of exemption"-a certificate of exemption and any renewal thereof issued under this Act and in force at any material time: Any terms and conditions attached under this Act to any certificate of exemption shall be regarded as forming part of that certificate; "Company"-Every body corporate howsoever incorporated and whether under the laws of Queensland or elsewhere and wherever the head or principal office or principal place of business may be: without limiting the generality of this definition the term also means and includes any company registered or deemed to be registered under "The Companies Act of 1931" (or any Act amending or in substitution for the same) or any primary producers' co-operative association registered under "The Primary Producers' Co-operative Associations Acts, 1923 to 1934" (or any Act amending or in substitution for the same); "Conservator of Forests"-The Conservator of Forests under "The Forestry Acts, 1959 to 1964"; "Firm"-Any firm registered under "The Registration of Firms Acts, 1902 to 1912" (or any Act amending the same); "Forest officer"-a Commissioner, land agent, or land ranger within the meaning of "The Land Acts, 1962 to 1965," a forest officer within the meaning of "The Forestry Acts, 1959 to 1964," or any person duly authorised by the Minister to exercise for the time being any of the powers which by the authority of this Act may be exercised by a forest officer;

2 150 SAWMILLS Vol. 15 "License"-A license and any renewal thereof issued under this Act and in force at any materi:ll time: Any terms and conditions attached under this Act to any license shall be regarded <!s forming part of that license: The term includes a transferred license; "Licensee"-The holder of a license; "Log"-Any felled tree or part thereof (including the stump of any felled tree): The term does not include any piece of timber which has been sawn longitudinally along the full leng.h of one or more of its surfaces by being moved against a saw; "Maximum productive capacity"-the volume of logs endorsed on the license issued with respect to a sawmill as the maximum volume of logs to be savin, cut, peeled, sliced or otherwise processed by the sawmill in each period of three calendar months ending on the last day of March, June, September, or December in each year: For the purposes of this definition the volume of a log shall be irs net volume; "Minister"-The Minister for Local Government and Conservation or other Mini,ter of the Crown for the time being charged with the administration of this Act: The term includes a Minister of the Crown temporarily performing the duties d the Minister charged with the administration of this Act; "Person"-Person includes any individual or firm or company or body or association of persons incorporated or unincorporated; "Sa\vmill"-Any unit of machinery, equipment or plant used or so a~sembicd as to be capable (either with or without the addition of a power supply unit) of being used for any or all of the following, that is to say:- (i) the sawing or cutting of logs into flitches, planks, boards. scantlings or any other form of sawn or cut timber; (ii) the peeling or slicing of logs into veneers; (iii) the processing of logs into woodwool, chipboard, woodpulp or any other form of product whatsoever, and any land, building, premises or place in or upon which the whole or any part of such unit of machinery, equipment or plant is placed, installed or situated, or which is used for purposes incidental to. consequent upon or connected with the uses abovementioned: The term does not inducte- (a) any unit of machinery, equipment or plant used solely for (i) the dressing, planing, moulding or resawing of timber; or (ii) the sawing or cutting of logs into fuel; or (b) any chain saw or portable power-driven crosscut or circular saw which is used otherwise than for the sawing of logs across a bench;

3 SAWMILLS LICENSING ACTS, 1936 TO 1965!>'S. 2, "Unrestricted capacity"-that part of the maximum productive capacity of a licensed sawmill which is not the subject of an endorsement on or condition of the license therefor restricting its use to the sawing, cutting, peeling, slicing or otherwise processing logs of a restricted description or origin or for a specific purpose; "Volume of a log"-the volume of a log calculated in superficial feet using the Hoppus formula, that is to say, by multiplying the square of one quarter of the centre girth of the log (excluding the bark) measured in inches by the length of the log measured in feet, and dividing the result by twelve. As amended by A~t of 1965, No. 11, s. 3. Acts referred to: Companies Act of 1931; see now Companies Acts, 1961 to 1964, title COMPANIES, Vol. 2, p. 31. Primary Producers' Co-operative Associations Acts, 1923 to 1965, title PRIMARY PRODUCE, Vol. 13, p Forestry Acts, J959 to 1964, title FORESTRY, Vol. 6, p Regi,tration of Firms Acts, 1902 to 1912; see now Business Names Acts, 1962 to 1965, title MERCANTILE LAW, Vol. 12, p. 57. Land Acts, 1962 to 1968, title LAND, Vol. 9, p Forest officer-see Land Acts, 1962 to 1968, s. 5 ("Commissioner", "land agent", "land ranger"), title LAND, Vol. 9, p. 120; Forestry Acts, 1959 to 1964, s. 5, title FORESTRY, Vol. 6, p Sawmills to be licensed. (1) No person shall, unless he is the holder of a license, erect or cause to be erected or utilise or cause to be utilised any sawmill. Any person who contravenes the provisions of this subsection shall be guilty of an offence and shall be liable, in the case of a company, to a penalty not exceeding two thousand dollars, and in any other case to a penalty not exceeding five hundred dollars, and in addition shall be liable, in the case of a company, to a daily penalty not exceeding five hundred dollars, and in any other case to a daily penalty not exceeding fifty dollars, for each and every day during which such offence is continued after a conviction therefor. (2) Where a forest officer is of opinion that an offence against subsection (1) of this section is being committed he may by notice in writing require the person concerned to cease committing such offence, and any person so required shall, on conviction for such offence, be liable, in addition to the penalties provided in subsection (1) of this section, to the appropriate daily penalty provided in that subsection for each and every day during which such offence was continued after the receipt of such notice and prior to the conviction for such offence. (3) Notwithstanding anything in this section it shall not be an offence to utilise any unit of machinery equipment or plant during the period of three months from the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," for the processing of logs into woodwool, chipboard, wood pulp, pulpwood chips or wood fibreboard: Provided that such unit of machinery equipment or plant had been so utilised at any time during the period of six calendar months prior to the said date and provided also that such unit of machinery equipment or plant remains at the site at which it was located at the said date. Substituted by Act of 1965, No. 11, s. 4.

4 152 SAWMILLS Vol. 15 Decimal currency references substituted pursuant to section 7 of Decimal Act referred to: Sawmills Licensin2 Act Amendment Act of 1965, p. 164, post. Person, license, sawmill, company, forest officer--see s. 2. Further as to licenses, see ss. 5, 6, 9, 12. Cancellation of license, see s. 16A. As to proceedings in a summary way and evidence, see s (Repealed.) Repealed by Act of 1965, No. 11, s. 5. S. Licenses. (1 ) (a) An application for a license to erect and utilise, or to erect, or to utilise a sawmill shall be made to the Conservator of Forests in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (b) Any applicant for a license as aforesaid shall furnish such information as the Conservator of Forests may consider necessary and relevant to the application. (c) The Conservator of Forests shall refer such application to the Minister with such recommendation in respect thereto as he sees fit. (2) (a) The Minister may, in his absolute discretion, grant or refuse any application for a license under this section and, if he grants such application, may grant the same subject to such terms and conditions (if any) as he sees fit. (b) Where the Minister grants an application for a license under this section, subject to any terms and conditions, such terms and conditions shall be attached to the license. (c) The Minister may, during the currency of a license, revoke or vary any terms and conditions to which the license is subject, or may subject the license to any terms or conditions, whether as addition to or substitution for the terms and conditions, if any, to which the license is already subject. In the event of the Minister making any such revocation or variation or attaching any new terms and conditions as aforesaid, the Conservator of Forests shall, by notice in writing, inform the licensee concerned of the decision of the Minister in that regard. Any such revocation or variation, and any such new terms and conditions shall take effect as and from the date of the receipt by such licensee of such notice. (d) The Minister may, in imposing any terms and conditions under paragraph (a) of this subsection, or in exercising any powers under paragraph (c) of this subsection, have regard to any recommendation with respect there:o made by the Conservator of Forests. (3) Any liccnse granted under this section shall be in or to the effect of the prescribed form and shall be subject to such terms and conditions as are attached to such license. ( 4) Any license in force immediately prior to the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," shall be deemed to have been granted in accordance with the provisions of this section, subject to the terms and conditions (if any) endorsed upon such

5 SAWMILLS LICENSING ACTS, 1936 TO s license, and those terms and conditions (if any) shall for all the purposes of this Act be deemed to have been duly attached to the license in accordance with this section. (5) Any licensee who erects, or causes to be erected, or utilises, or causes to be utilised, any sawmill contrary to any term or condition attached or deemed to be attached to the license granted with respect to that sawmill shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred dollars. Substituted by Act of 1965, No. 11, s. 6. Decimal currency reference substituted pursuant to section 7 of Decimal Act referred to: S:twmills Licensing Act Amendment Act of 1965, p. 164, post. Further as to licenses, see Sawmills Licensing Regulations, referred to in the Table of Contents, p. 147, ante. License, sawmill, Conservator of Forests, Minister--See s. 2. Cancellation of license--sce s. 16A. Production of license--sec s. 12. Proceedings in a summary way and evidence-see s. 18. As to licensee keeping records-see s (1) Duration of license. Subject to this Act, any license granted by the Minister shall take effect from the date of the issue thereof and shall expire on the thirtieth day of September next following. (2) Renewals. (a) Every licensee who desires to obtain a renewal of his lice:-,se shall lodge with the Conservator of Forests an application for such renewal. Such application shall be in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (b) Any applicant for renewal of a license as aforesaid shall furnish such information as the Conservator of Forests may consider necessary and relevant to the application. (3) The Conservator of Forests may (a) grant such application; or (b) recommend to the Minister the refusal of such application. Upon the receipt by the Minister of a recommendation of the Conservator of Forests as aforesaid, the Minister may, in his absolute discretion, grant or refuse such application. ( 4) Except as hereinaftcr provided, the renewal of a license shan take effect on and from the date of cxpiry of the license and shall, subject to this Act, expire on the thirtieth day of September next following. (5) Where an application for renewal of a license is received by the Conservator of Forests after the date of the expiry thereof, the application shall be dealt with in accordance with the provisions of subsection (3) of this section: Provided that if such application is granted the renewal of such license shall take effect on and from the date of the grant of such application, and the applicant therefor shall be deemed to ~be unlicensed with respect to the period following the date of expiry of the license and prior to the date of the grant of such application, but any such renewal shall expire on the thirtieth day of September next following.

6 154 SAWl\lILLS Vol. 15 (6) A license may from time to time be further renewed in like manner as hereinbefore provided in this section, and the provisions of this section shall apply with respect thereto. As amended by Act of 1965, No. 11, s. 7. Further as to lice!~scs. S(;c rcpdations referred to ill Table of Contents, p. 147, allte. 7. (Repealed.) Repealed by Act of 1965, No. II. s. 8. R. (Repealed.) Repealed by Act of 1965, ]\;0. II, s (1) Endorsement of license. Every liccm..: shall have endorsed thereon- (a) the site of the sawmill with respect to which the license IS granted; and (b) the maximum productive capacity of such sawmill. (2) Alteration of site or maximum productive capacity. The Minister. on the recommendation of the Conservator of Forests, may from time to time approve of- (a) the removal of such sawmill to any other site; or (b) any increase in the maximum productive capacity of such sawmill. In the event of any such approval as aforesaid, the Conservator of Forests shall, by notice in writing, inform the licensee concerned of such approval. Any such approval shall take effect as and from the date of the receipt by the licensee of such notice, and the license in question shall, as and from such date and until the same is re-endorsed in accordance with such approval, be deemed for all the purposes of this Act to be endorsed in all respects in accordance with such approval. (3) Notwithstanding anything in this Act, the maximum productive capacity of any sawmill with respect to which a license was in force immediately prior to the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," shall, as at that date and thereafter until the maximum productive capacity of that sawmill is altered by the Minister pursuant to the powers contained in subsection (2) of this section, be- (a) where such sawmill was licensed prior to the first day of January, one thousand nine hundred and sixty- (i) the maximum productive capacity of that sawmill endorsed. as at the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," on the license held with respect to that sawmill multiplied by sixty; or (ii) the greatest volume of logs sawn, cut, peeled, sliced or otherwise processed in anyone period of three calendar months ending on the last day of March, June, September or December in any year during the period between the first day of January, one thousand nine hundred and sixty. and the last day of September, one thousand nine hundred and sixty-four (which volume of logs shall be ascertained

7 SAWMILLS LICENSING ACTS, 1936 TO 1965 ss from the returns submitted under this Act prior to the first day of March, one thousand nine hundred and sixty-five, in relation to that sawmill with respect to such lastmentioned period) together with ten per centum thereof, whichever is the lesser: Provided that if the maximum productive capacity of a sawmill as at the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," is the result of a prior amalgamation between the first day of January, one thousand nine hundred and sixty, and the last day of September, one thousand nine hundred and sixty-four, of two or more licensed sawmills then the returns in relation to all the licensed sawmills which took part in the amalgamation shall be used to ascertain the greatest volume of logs sawn, cut, peeled, sliced or otherwise processed in accordance with this section and provided also that if the whole or any part of maximum productive capacity of a sawmill at the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," was licensed as a condition of an auction sale or sales of Crown timber, then the maximum productive capacity of such sawmill under this Act shall not be reduced below sixty times the maximum productive capacity endorsed on the license as such a condition of a sale or sales and any restriction on the origin of logs to be sawn, cut, peeled, sliced or otherwise processed which was a condition of such license shall continue to apply; (b) in all other cases, the maximum productive capacity of that sawmill endorsed, as at the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," on the license held with respect to that sawmill, multiplied by sixty. (4) The maximum productive capacity of any licensed sawmill as calculated in accordance with the provisions of this section shall be increased to such extent as may be necessary to define such capacity as a unit or a multiple of one thousand superficial feet: Provided that the unrestricted capacity of any sawmill the license for which has been endorsed to the effect that part of its licensed capacity has been licensed for the sawing, cutting, peeling, slicing or otherwise processing of log timber of a specified description or origin or for a specified purpose shall not under the provisions of this section exceed the unrestricted capacity as at the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," of such sawmill multiplied by sixty, plus such adjustment as may be necessary to define unrestricted capacity as a unit or multiple of one thousand superficial feet. (5) For the purposes of this section the volume of a log shall be its net volume. (6) A new license issued in substitution for a license or licenses, formerly existing, shall be deemed to be a continuation of the same license or licenses. (7) The license granted with respect to any sawmill referred to in this section shall, as at and from the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," and until such license is

8 156 SAWMILLS Vol. 15 re-endorsed accordingly, be deemed to have endorsed thereon the maximum productive capacity of such sawmill calculated in accordance with the provisions of this section. Substituted by Act of 1965, No. 11, s. 10. Act referred to: Sawmills Licensing Act Amendment Act of 1965, p. 164, post. License, sawmill, maximum productive capacity, Minister, Conservator of Forests. value of a log, unrestricted capacity-see s Penalty for unauthorised removal from site or increase in maximum productive capacity. (1) Any person who- (a) at any time utilises or causes to be utilised any sawmill upon any site other than the site endorsed or deemed to be endorsed on the license granted with respect to that sawmill; or (b) in respect of any period of three calendar months ending on the last day of March, June, September, or December in any year utilises or causes to be utilised any sawmill to saw, cut. peel, slice or otherwise process a volume of logs greater than the maximum productive capacity endorsed or deemed to be endorsed on the liceme granted with respect to that sawmill. shall be guilty of an offence. Any person guilty of an alienee against this subsection shall be liable, in the case of a company, to a penalty not exceeding one thousand dollars, and in any o~her case to a penalty not exceeding two hundred dollars, and, in respect of an offence referred to in paragraph (a) of this subsection, shall be liable in addition, in the case of a company to a daily penalty not exceeding two hundred dollars, and in any other case to a daily penalty not exceeding fifty dollars, for each and every day during which such offence is continued after a conviction therefor. (2) Where a forest officer is of opinion that an offence referred to in paragraph (a) of subsection (1) of this section is being committed he may by notice in writing require the person concerned to cease committing such offence, and any person so required shall, upon conviction for such offence, be liable, in addition to the penalties provided in subsection (1) of this section, to the appropriate daily penalty provided in that subsection for each and every day during which such offence was continued after the receipt of such notice and prior to the conviction for such offence. Substituted by Act of 1965, No. 11, s. 11. Decimal currency references substituted pur:,uant to section 7 of Decimal Proceedings in a summary way and evidence-see s (Repealed.) Repealed by Act of 1965, No.1!, s License or certificate of exemption to be produced, etc. Any licensee and any holder of a certificate of exemption, and any person who has in his possession a license or a certificate of exemption shall- (a) upon demand produce such license or certificate, as the case may be, to a forest officer; (b) where such license or certificate has expired or been cancelled, or such license requires re-endorsement consequent upon any approval of the Minister under subsection (2) of section nine of this Act, or by virtue of the provisions of subsection (3) of

9 SAWMILLS LICENSING ACTS, U 1965 ss that section, upon demand made by notice in writing by the Conservator of Forests, deliver up to the Conservator of Forests such license or certificate, as the case may be, within such period and at such place as the Conservator of Forests may specify in such notice. Any person who contravenes or fails to comply with th~ provisions of this section shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred dollars. Substituted by Act of 1965, No. 11, s. 13. Decimal currency reference substituted pursuant to section 7 of Decimal As to the furnishing of a certificate of exemption by the Minister, see s. 15. Further as to the keeping of records, see regulations referred to in Table of Contents, p. 147, ante. 13. Transfer of licenses. ( 1) A license may be transferred by the licensee upon his lodging the transfer for registration at the office of the Conservator of Forests within thirty days after the date of such transfer: Provided that- (a) where the proposed transferee is a person who previously held a license at the time when such license was cancelled; or (b) where the Conservator of Forests is not satisfied that the machinery, equipment or plant to which the license relates is being bona fide transferred to the transferee, the Conservator of Forests may, in his absolute discretion, refuse to register such transfer. (2) A transfer of a license shall be in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (3) A licensee who lodges a transfer of a license under this section shall furnish such information as the Conservator of Forests may consider necessary and relevant to the transfer, or for the purpose of enabling the Conservator of Forests properly to consider whether or not he should refuse to register such transfer. ( 4) A transfer of a license shall be of no effect whatsoever unless and until the same is registered by the Conservator of Forests. Substituted by Act of 1965, No. 11, s. 14. Further as to transfer, see regulations referred to in Table of Contents, p ante. 14. Returns. Every licensee and every person to whom a certificate of exemption has been issued under this Act shall keep or cause to be kept such books and records as may from time to time be prescribed, and shall furnish to the Conservator of Forests such returns as mav from time to time be prescribed. J Any person who fails duly to furnish any return as aforesaid shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred dollars. Substituted by Act of 1965, No. 11, s. 15. Decimal currency reference substituted pursuant to section 7 of Decimal Further as to returns, see regulations referred to in Table of Contents, p ante. Proceedings in a summary way and evidence, see s. 18.

10 158 SAWMILLS Vol Exemptions. (1) (a) The Minister may, upon the recommendation of the Conservator of Forests, excmpt from any of the provisions of this ACe any person who satisfies the Conservator of Forests that no part of any timber to be sawn, cut, peeled, sliced or otherwise processed by such person upon any land, building, premises, or place, is intended for sale. (b) An application for exemption under this section shall be in or to the effect of the prescribed form and accompanied by thc prescribed fee. (c) Any applicant for exemption as aforcsaid shall furnish such information as the Conservator of Forests may consider necessary and relevant to the application. (2) (a) The Minister may grant an exemption under this section subject to such terms and conditions (if any) as he sees fit. (b) Where the Minister grants an exemption under this section subject to any terms and conditions, such terms and conditions shall be attached to the certificate of exemption. (c) The Minister may, during the currency of a certificate of exemption, revoke or vary any tcrms and conditions attached to such certificate, or attach new terms and conditions to such certificate. In the event of the Minister making any such revocation or variation or attaching any new terms and conditions as aforesaid, the Conservator of Forests shall, by notice in writing, inform the holder of the certificate of exemption concerned of the decision of the Minister in that regard. Any such revocation or variation and any such new terms and conditions shall take effect as and from the date of the receipt by such holder of such notice. (d) The Minister may, in imposing any terms and conditions under paragraph (a) of this subsection, or in exercising any powers under paragraph (c) of this subsection, have regard to any recommendation with respect thereto made by the Conservator of Forests. Any certificate of exemption granted under this section shall be in or to the effect of the prescribed form, shall specify the site of the sawmill in question, and shall be subject to such terms and conditions as are attached to such certificate. (3) Any certificate of exemption in force immediately prior to the date of the passing of "The Sawmills Licensing Act Amendment Act of 1965," shall be deemed to have been granted in accordance with the provisions of this section, subject to the terms and conditions (if any) endorsed upon such certificate, and those terms and conditions (if any) shall for all the purposes of this Act be deemed to have been duly attached to such certificate in accordance with this section. ( 4) Subject to this Act, any certificate of exemption granted by the Minister shall take effect as from the date of the issue thereof and shall expire on the thirty-first day of December next following. (5) (a) Every holder of a certificate of exemption who desires to obtain a renewal of such certificate shall lodge with the Conservator of Forests an application for such renewal. Such application shall be in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (b) Any application for renewal of a certificate of exemption as aforesaid shall furnish such information as the Conservator of Forests may consider necessary and relevant to the application.

11 SAWMILLS LICENSING ACTS, 1936 TO 1965 s (6) The Conservator of Forests may (a) grant such application; or (b) recommend to the Minister the refusal of such application. Upon receipt by the Minister of a recommendation of the Conservator of Forests as aforesaid the Minister may, in his absolute discretion, grant or refuse such application. (7) Except as hereinafter provided, the renewal of a certificate of exemption shall take effect on and from the date of expiry of such certificate and shall, subject to this Act, cxpire on the thirty-first day of December next following. (8) Where an application for renewal of a certificate of exemption is received by the Conservator of Forests after the date of the expiry ther~of, the application shall be dealt with in accordance with the provisions of subsection (6) of this section: Provided that, if such application is granted, the renewal of such certificate shall take effect on and from the date of the grant of such application, and the applicant therefor shall be deemed not to be exempted from any of the provisions of this Act with respect to the period following the date of expiry of such certificate and prior to the date of the grant of such application, but any such renewal shall expire on the thirty-first day of December next following. (9) A certificate of exemption may from time to time be further renewed in like manner as hereinbefore provided in this section and the provisions of this section shall apply with respect thereto. (10) Any person to whom a certificate of exemption has been granted under this Act who- (a) during the currency of such certificate (including any renewal thereof) utilises or causes to be utilised the sawmill referred to in such certificate- (i) for the purpose of sawing, cutting, pecling, slicing, or otherwise processing any timber for or in expectation of any fee or reward; or (ii) at any place other than the site of such sawmill specified in such certificate; or (b) at any time sells any timber which was, during the currency of such certificate (including any renewal thereof), sawn, cut, peeled, sliced, or otherwise processed at the sawmill referred to in such certificate, shall be guilty of an offence. Any person guilty of an ofience against this subsection shall be liable, in the case of a company, to a penalty not exceeding one thousand dollars, and in any other case to a penalty not exceeding two hundred dollars, and, in respect of an offence referred to in paragraph (a) of this subsection, shall be liable in addition, in the case of a company, to a daily penalty not exceeding two hundred dollars, and in any other case to a daily penalty not exceeding forty dollars, for each and every day during which such offence is continued after a conviction therefor. (11) Any person to whom a certificate of exemption has been issued under this Act who, during the currency of such certificate (including any renewal thereof), utilises or causes to be utilised the sawmill referred

12 160 SAWMILLS Vol. 15 to in such certificate contrary to any term or condition attached or deemed to be a~tached to such certificate shall be guilty of an offence and liable to a penalty not exceeding one hundred dollars. ( 12) Where a forest officer is of opinion that an offence referred to in paragraph (a) of subsection (10) of this section is being committed he may by notice in writing require the person concerned to cease committing such offence, and any person so required shall, on conviction for such offence, be liable, in addition to the penalties provided in subsection (10) of this section, to the appropriate daily penalty provided in that subsection for each and every day during which such offence was continued after the receipt of such notice and prior to the conviction for such offence. Substituted by Act of 1965, No. 11, s. 16. Decimal currency references substituted pursuant to section 7 of Decimal Minister, Conservator of Forests, s:lwmiil, certificate of exemption, company. person-see s. 2. Cancellation of certificate of exemption-see s. 16A. Proceedings in a summary way and evidence-see s. 18. As to production of certificate, see s Inspection of sawmills, etc. Any forest officer may at any time enter upon any sawmill and inspect same together with any plant, machinery, or equipment thereon, and for the purposes of this Act may do and execute all such acts, matters, and things as may be necessary to ascertain the volume of logs sawn, cut, peeled, sliced, or otherwise processed at such sawmill in any period or periods of three calendar months ending on the last day of March, June, September, or December, in any year, and may inspect all books and records as shall be prescribed by this Act to be kept, and may take possession of such books and records or may take notes, copies, or extracts thereof or therefrom. Any person who hinders or obstructs any forest officer in the exercise of any power conferred by this section, or who refuses or unduly delays to a forest officer entrance to any sawmill, or refuses or fails to produce to such forest officer any of the books and records as aforesaid, or to answer any question relating to such sawmill or any plant, machinery, or equipment thereon, or the volume of logs sawn, cut, peeled, sliced, or otherwise processed at such sawmill in any period or periods of three calendar months ending on the last day of March, June, September, or December, in any year, or such books or records, or who wilfully gives any false answer to any such question shall be guilty of an offence. Amended by Act of 1965, No. II, s. 17. Forest officer, sawmill, volume of a log-see s. 2. As to keeping of records, see s. 14 and regulations referred to in Table of Contents, p. 147, ante. Failure to furnish information-see s. 16c. General penalty-see s. 17. Proceeding; in a summary way and evidence-see s A. Cancellation of license or certificate of exemption. (a) If the Conservator of Forests is at any time of the opinion that any person who holds a license or a certificate of exemption is not a fit and proper person to hold such license or certifi::ate, or that for any other reason such license or certificate should be cancelled, the Conservator of Forests may give notice in writing to the said person requiring him, within the period stated in the notice, to show cause why such license or certificate should not be cancelled.

13 SAWMILLS LICENSING ACTS, 1936 TO 1965 ss (b) Upon the expiration of the period stated in the notice to show cause or such further period as the Conservator of Forests may allow, the Conservator of Forests shall, whether cause is shown or not, report in writing on the matter to the Minister who, if he is satisfied, upon consideration of such report, that the said person is not a fit and proper person to hold such license or certificate, or that for any other reason such license or certificate should be cancelled, may cancel such license or certificate, and thereupon such person shall cease to be so licensed or so exempted. Inserted by Act of 1965, No. 11, s B. Service of notice in writing. Any notice in writing authorised or permitted by this Act to be given to any person may be given personally or sent by registered post or, where the whereabouts of the person concerned are unknown to the person giving the notice, by notice published in some newspaper circulating in the locality wherein the sawmill in question is situated, or wherein is situated the last known place of residence of the person concerned. Where the notice is sent by registered post it shall be deemed to have been received by the person to whom it was addressed at the time when it would have been delivered at the place to which it was addressed in the ordinary course of post. Where the notice is published in a newspaper it shall be deemed to have been received by the person concerned when that newspaper is published notwithstanding that such newspaper may be circulated in the locality aforesaid at some later time. Inserted by Act of 1965, No. 11, s c. Refusal to furnish information. Any person who, when required by or under this Act to furnish any information- (i) fails to furnish such information; or (ii) furnishes any information which is, to his knowledge, false or misleading in any respect, shall be guilty of an offence, and shall be liable to a penalty not exceeding one hundred dollars. Inserted by Act of 1965, No. 11, s. 18. Decimal currency reference substituted pursuant to section 7 of Decimal Proceedings in a summary way and evidence-see s General penalty. Any person committing a breach of or neglecting or contravening or failing to comply with any of the provisions of this Act shall, where no other penalty is expressly provided, be liable on conviction to a penalty not exceeding one hundred dollars. Decimal currency reference substituted pursuant to section 7 of Decimal 18. (1) Proceedings in summary way. All proceedings in respect of offences against this Act shall be heard and determined in a summary way by complaint under "The Justices Acts, 1886 to 1932," and may be instituted by any forest officer or by any other person who is authorised in that behalf by the Minister. (2) Any such proceeding may be instituted within one year after the offence is committed or within six months after the discovery of the offence, whichever is the later period. 6

14 162 SAWMILLS Vol. 15 (3) Evidence. In any proceedings under or for the purposes of this Act- (a) Any allegation of averment in any information, complaint, pleading, summons, or writ that any person does not hold a license as prescribed or is not exempted from the requirements of this Act, as the case may be, need not be proved, and such person shall be deemed not to hold such license or not to be so exempted, as the case may be, until the contrary is proved by the production by him of the proper license or certificate of exemption or otherwise; (b) Such proceedings shall in the absence of evidence to the contrary be deemed to have been instituted by the authority of the Minister; (c) The production of any letter or telegram purporting to be signed by or for the Minister, and purporting to authorise any person to institute any legal proceedings shall be admissible in evidence of the proceedings, and shall be accepted as evidence of the authority of the person to institute and prosecute the proceedings; (d) The averment in any complaint of the date of discovery of any offence under this Act shall be prima facie evidence thereof; (e) A document purporting to be a duplicate or a copy of a license or certificate of exemption issued under this Act shall, upon its production in evidence, be sufficient evidence of that license or certificate as the case may be; (f) A certificate under the hand of the Conservator of Forests that on any date or during any period mentioned in the certificate any person was the holder of a license or a certificate of exemption or that certain terms and conditions were attached to a license or a certificate of exemption shall, upon its production in evidence and until the contrary is proved, be sufficient evidence of the matters stated therein. For the purposes of this subsection the signature of the Conservator of Forests shall be judicially noticed. As amended by Act of 1965, No. 11, s. 19. Act referred to: Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p Regulations. (1) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act providing for and supplying such omission or insufficiency. Without limiting the generality of these provisions, such regulations may provide for all or any of the following matters:- (a) Applications under this Act, and the registration of transfers of licenses; (b) The fees payable under this Act (which fees may differ with respect to different matters or things or classes of matters or things) and the classes of matters or things in respect of

15 SAWMILLS LICENSING ACTS, 1936 TO 1965 ss which such fees shall be paid; the persons by whom and the places and times where and when such fees shall be paid; (C) The forms under this Act and the purposes respectively for which such forms shall be used; (d) The production by a licensee or holder of a certificate of exemption upon demand made by the Minister of such license or certificate for the purpose of any endorsement to be made thereon; (e) The method and procedure in respect of the grant of licenses for the erecting of new sawmills, including the determination when more than one applicant of the applicants to be preferred; (f) All matters required or permitted by this Act to be prescribed; (g) Penalties. Penalties for offences against the regulations not exceeding in any case the sum of two hundred dollars. (2) Regulations may be made on the passing of this Act. Regulations may be made on the passing of this Act. As amended by Act of 1965, No. 11, s. 20. Decimal currency reference substituted pursuant to section 7 of Decimal Licence, certificate of exemption, sawmills-see s. 2. F(\r regulations under this Act, see Table of Contents, p. 147, all/c. 20. Orders in Council and regulations. Any Order in Council may be rescinued or amended, whether by addition or otherwise, by a subsequent Order in Council under this Act. No misnomer or inaccurate description in any Order in Council shall in any wise prevent or abridge the operation of this Act and the Order in Council with respect to the subject of such description provided the same is designated so as to be understood. All Orders in Council and regulations made or purporting to be made under this Act shall upon being published in the Gazette have the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such Order in Councilor regulation shall be conclusive evidence of the matters contained therein, and of the power and authority to make such Order in Councilor regulation, as the case may be. Every Order in Council and regulation made under this Act shall be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. If the Legislative Assembly, within the next fourteen sitting days after any Order in Councilor regulations have been so laid before such House, resolves that such Orders in Councilor regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such Orders in Councilor regulations or to the making of any new Order in Councilor regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. As amended by Aet of 1965, No. 11, s. 21.