Legislative Council, Tuesday 18 October 2022

Ms FORREST question to LEADER of the GOVERNMENT in the LEGISLATIVE COUNCIL, Ms HISCUTT

With regard to visits to King Island by forest practices officers undertaking their statutory role:

(1) Are the costs of visits passed on to the land owner, and if so, if more than one land owner is visited, are the costs apportioned?

(2) How are decisions made regarding the level of financial penalty for works deemed illegal, and by whom?

(3) Can payment plans be provided to assist land owners pay fines, when the size of the fine may push them into financial hardship? If so, please provide details for this process.

(4) What measures are taken to ensure consistent, evidence-based and legally clear advice is provided to land owners seeking to undertake banned clearing, including along fence lines?

ANSWER

I thank the member for her question.

(1) The answer to question one is no; and the second part of the answer is, not applicable.

(2) If the Forest Practices Authority is satisfied that an offence has been committed under Sections 17(4), 17(5), or 17(5B); 18B; 21(1); 21(3); 41(5); or 42(5) of the Forest Practices Act of 1985, it has the power, under Section 47B of the act, to offer payment of a prescribed fine as an alternative to prosecution. The authority determines the quantum of any fine, in accordance with section 47B(4) of the act. Where offered fines are not accepted matters can be referred to the Director of Public Prosecutions for court action. The initiation of any court action is a matter for the DPP. Once the matter is in the judicial system any penalties imposed are a matter for the courts, noting the maximum penalties, as set out in the act.

(3) Yes. The party may apply in writing to the authority outlining the proposal and the reasons for such an arrangement. Where a statute of limitations period would not be exceeded by such an arrangement, a complaint may be laid within the Magistrates Court and then adjourned sine die, which allows the matter to proceed to prosecution if the agreed payment plan is not met.

(4) The authority provides general guidance and information to landowners about the forest practices system, through a variety of mediums. General information on land clearance controls is available on the authority's website. Landowners are also able to contact the authority directly for further information.