Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts11. Section 43 of the Principal Act is amended—
(a) by omitting subsections (1), (2), (3) and (4) and substituting the following subsections:
“(1) A person shall not, without reasonable excuse—
(a) fell, or cause to be felled, standing native timber; or
(b) damage, or cause to be damaged, standing native timber;
except in accordance with a licence.
Penalty: $5,000.
“(2) Subsection (1) does not apply in relation to felling or damage of native timber on leased land outside the built-up area where—
(a) the timber was planted by or on behalf of an occupier and felled or damaged by or on behalf of that occupier or a subsequent occupier;
(b) in the case of timber which is felled—in the opinion of the person responsible for the felling, based on reasonable grounds, the felling of the timber was necessary to avert an immediate danger of injury to a person or damage to property; or
(c) the timber is felled or damaged with the intention of using it on the land for a purpose other than sale or trade.
“(3) A person shall not, without reasonable excuse, remove or cause to be removed fallen native timber, except in accordance with a licence.
Penalty: $5,000.
“(4) A person shall not without reasonable excuse damage, or cause to be damaged, fallen native timber on unleased land, except—
(a) in accordance with a licence; or
(b) if the timber has a diameter of less than 10 centimetres.
“(4A) Subsections (1), (3) and (4) do not apply in relation to the felling, removal or damage of native timber—
(a) by a conservation officer, or a public servant, in the performance of his or her functions; or
(b) with the authority of the Conservator.”;
(b) by omitting from subsection (5) “of timber on land or the removal of timber from land”, substitute “or removal of native timber”; and
(c) by omitting subsection (7) and substituting the following subsection:
“(7) In this section—
‘removal' means—
(a) in relation to native timber on leased land—removal of the timber from the land subject to the lease; or
(b) in relation to native timber on unleased land—removal from the immediate vicinity.”.