1Citation
These regulations are the Forest Products Regulations 2020.
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Bill homepageThese regulations are the Forest Products Regulations 2020.
These regulations come into operation as follows —
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
the rest of the regulations — on the day after that day.
In these regulations —
Commission land means any of the following —
public land;
sharefarmed land;
land that the Commission has an interest in;
Commission produce includes —
forest products, as defined in section 4 of the Act; and
log timber;
delivery note means a note relating to the removal of Commission produce produced under Part 2;
fell includes fell by machine;
log timber means timber that has been lawfully felled on and removed from Commission land;
manager, of a sawmill, means a person having the immediate charge and direction of operations at the sawmill;
nominated officer means an employee of or a contractor to the Commission who is nominated by the General Manager to exercise powers under these regulations;
receival record means a record referred to in regulation 25(1);
responsible person, for a sawmill, means the sawmill owner or the manager of the sawmill;
sawmill has the meaning given in section 62 of the Act;
sawmill owner, in relation to a sawmill, means any person who is the proprietor, lessee or occupier of the sawmill and includes a person in occupation under contract with the owner or under a subcontract;
sign, in relation to a delivery note or receipt, means —
in the case of a hard copy note or a receipt referred to in regulation 9(2)(b), to sign the note or receipt physically; or
in the case of an electronic note, to enter the electronic identifying information provided by the Commission;
working day means a day other than a Saturday, Sunday or public holiday.
These regulations do not apply to, or in relation to, a person exercising a power or performing a function or duty under the Bush Fires Act 1954.
A delivery note must be produced —
in hard copy form; or
in electronic form; or
in any other form approved by the General Manager.
A delivery note under subregulation (1) must be produced —
in a form approved by the General Manager; and
in a manner approved by the General Manager.
Approval of procedures to produce a delivery note may be given for —
a class of notes specified in the approval; or
notes created or used by a person or class of persons specified in the approval.
A delivery note for Commission produce must contain the following information —
the date of removal of the Commission produce;
the name of the person to whom the Commission produce is to be delivered;
the address to which the Commission produce is to be delivered;
the species, description, classification and grade of the Commission produce;
details of the location from which the Commission produce was removed;
if the Commission produce is being removed under a production contract — the name of the person contracting with the Commission under the contract and details of the contract;
the registration number of the vehicle on which the Commission produce is to be transported;
the signature of the driver of the vehicle on which the Commission produce is to be transported.
The General Manager may in writing exempt a person or a class of persons from complying with some or all of the requirements in subregulation (1).
Except as provided in subregulation (2), a separate delivery note must be created for each type of Commission produce.
One delivery note may be created for 2 or more types of Commission produce in a load if all the produce —
is of the same description, classification and grade as specified on the note; and
has the same destination; and
in the case of produce that is to be quantified by weighing — is to be weighed simultaneously.
A person who produces a hard copy delivery note must keep a copy of the note.
Penalty: a fine of $1 000.
A person who produces a hard copy delivery note must use a form of note issued by the General Manager.
Penalty for this subregulation: a fine of $50.
The General Manager may —
issue books of hard copy delivery notes; and
require a person to sign a receipt for a book of hard copy delivery notes issued to the person.
If the General Manager issues a book of hard copy delivery notes to a person, the person must return the book to the General Manager, together with any unused notes, as soon as practicable after the first of the following occurs —
the person has completed all the entries for the book;
the General Manager requests the person to return the book.
Penalty: a fine of $1 000.
In this regulation —
destroy, in relation to a delivery note, means to deal with it so that —
all or any of the information recorded or stored on it is obliterated or rendered illegible or irrecoverable; or
it cannot convey a meaning in a visible, audible or recoverable form.
Unless authorised in writing to do so by the General Manager, a person must not destroy —
a delivery note; or
an unused hard copy delivery note.
Penalty for this subregulation: a fine of $1 000.
The General Manager may, by written notice given to a person who has been issued a book of hard copy delivery notes, require the person to —
return the book or any note in the book to the General Manager within a period specified in the notice; or
account for the location of the book or any note in the book within a period specified in the notice.
A person who is given a notice under subregulation (1) must comply with the notice within the period specified in the notice.
Penalty for this subregulation: a fine of $1 000.
A person must not knowingly give a false account of the location of a hard copy delivery note or a book of hard copy delivery notes.
Penalty for this subregulation: a fine of $1 000.
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