❓ A parliamentary question addresses the Department of Conservation and Land Management's (CALM) policies regarding the seizure of machinery from private mill operators and the applicability of land clearing regulations. The Minister clarifies CALM's powers relate to seizure, not confiscation, and outlines relevant legislation.
AnsweredQoN 403Legislative Council
QuestionView source ↗
I refer to Department of Conservation and Land Management confiscation policies. (1) Does CALM have confiscation policies in place? (2) If so, what are they? (3) Under what circumstances would CALM threaten to confiscate machinery and trucks from a private mill operator who was collecting logs from private property? (4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS
AnswerView source ↗
A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
(1) Does CALM have confiscation policies in place? (2) If so, what are they? (3) Under what circumstances would CALM threaten to confiscate machinery and trucks from a private mill operator who was collecting logs from private property? (4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
(2) If so, what are they? (3) Under what circumstances would CALM threaten to confiscate machinery and trucks from a private mill operator who was collecting logs from private property? (4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
(3) Under what circumstances would CALM threaten to confiscate machinery and trucks from a private mill operator who was collecting logs from private property? (4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
(4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
(1) Does CALM have confiscation policies in place? (2) If so, what are they? (3) Under what circumstances would CALM threaten to confiscate machinery and trucks from a private mill operator who was collecting logs from private property? (4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
(2) If so, what are they? (3) Under what circumstances would CALM threaten to confiscate machinery and trucks from a private mill operator who was collecting logs from private property? (4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
(3) Under what circumstances would CALM threaten to confiscate machinery and trucks from a private mill operator who was collecting logs from private property? (4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
(4) It is my understanding that part IX of the Environmental Protection Amendment Act to do with land clearing has not been gazetted. Therefore, do the Soil and Land Conservation Regulations still apply when it comes to taking logs from private property? Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
Hon TOM STEPHENS replied: A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
A two-page detailed reply has been provided by the Minister for the Environment. I seek leave to have the answer incorporated in Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
The following material was incorporated - I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
I thank the Hon. Member for some notice of this question. Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
Answer 1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
1. CALM officers have been given the power under legislation to seize not confiscate. Confiscation implies seizure and forfeiture without process. Processes exist to claim seized items in certain circumstances within prescribed time frames. Where the ability to claim seized items is not available forfeiture can only be ordered by a court of law. CALM has seizure policies in place. 2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
2. CALM’s policy is to require authorised officers to exercise their discretion in accordance with the legislation and appropriate to the circumstances of each incident. A clear purpose of a prosecution is to deprive an offender of the proceeds of an offence and where appropriate to seek forfeiture of objects used to commit offences so that an offender does not profit from criminal conduct. The forfeiture of property used in the commission of offences also limits the offenders’ capacity to continue committing offences. If forfeiture is considered appropriate the relevant items are seized as the court cannot forfeit items that have not been seized. Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
Forfeiture of vehicles, vessels and aircraft is excluded under section 27(3) of the Wildlife Conservation Act unless the court is satisfied that they are abandoned, however they may be temporarily seized or detained pending completion of an investigation. 3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
3. None. CALM officers will either effect seizure of equipment used in the commission of an offence or not. Forfeiture is a matter that may be put into effect by a court when it determines the outcome of the relevant case. 4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
4. Clearing approval cannot be sought under the Environmental Protection Act until the appropriate regulations are in force. The Soil and Land Conservation Act 1945 applies to clearing applications until the Environmental Protection Act clearing provisions take effect. It should be noted however that removal of logs may not fall within the definition of a clearing operation under the Soil and Land Conservation Act. The Commissioner for Soil and Land Conservation is not able to assess log harvesting operations unless they fall within the definition of clearing under the Soil and Land Conservation Act. The sale of logs taken on private property is controlled under the Wildlife Conservation Act 1950.
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