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Statutes of Newfoundland 1999


Statutes of Newfoundland 1999 Chapter 30

CHAPTER 30

AN ACT TO AMEND THE FORESTRY ACT

(Assented to December 14, 1999)

Analysis

1. S.27 Amdt.
Cutting permit

2. S.108.1 Added
Seizure permitted

3. S.143 Amdt.
Officer may seize timber, etc.

4. S.149 R&S
149. Power of arrest
149.1 Search warrants

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cF-23
as amended

1. Section 27 of the Forestry Act is amended by adding immediately after subsection (6) the following:

(7) Where the holder of a cutting permit issued under this section does not comply with

(a) the conditions of the permit;

(b) all applicable federal, provincial and municipal laws respecting the cutting of timber; or

(c) other forest management requirements prescribed by the minister,

the minister or a forestry official may cancel that permit.

2. The Act is amended by adding immediately after section 108 the following:

Seizure permitted

108.1 Where a forest fire has

(a) commenced; or

(b) burned and been extinguished,

on forest land, a forestry official may seize anything that he or she considers to be evidence of, or of assistance in the determination of, the cause of that forest fire.

3. Subsection 143(1) of the Act is repealed and the following substituted:

Officer may seize timber, etc.

143. (1) A forestry official may seize timber cut on Crown lands or public land or timber that the forestry official believes on reasonable grounds was cut on Crown lands or public land

(a) without a valid timber cutting permit;

(b) in respect of which a royalty has not been paid; and

(c) from the holder of a valid cutting permit who contravenes a

(i) condition of that permit, or

(ii) provision of this Act or the regulations.

4. Section 149 of the Act is repealed and the following substituted:

Power of arrest

149. A forestry official has the powers of a peace officer under the Criminal Code for the purpose of enforcing this Act or the regulations.

Search warrants

149.1 Where a forestry official believes that a search warrant is required or is desirable for the purpose of enforcing this Act, or the regulations he or she may obtain the warrant, and the matter or thing may, where this Act does not provide for that seizure, be seized in accordance with the provisions of the Criminal Code.

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