PART III | Power to enter premises, carry out inspection and examination and prohibit sale or export of timber |
13.—(1) Subject to subsection (3), the Chairman or any officer of the Board so authorised in writing by the Chairman may enter any registered business premises of an exporter or any mill or yard and carry out such inspection and examination as he may consider necessary, and may seize and detain any books, documents or other things found in the premises entered that may furnish evidence of the commission of an offence under this Act or any regulations made thereunder.| (2) A person making an entry under subsection (1) may be accompanied by any other person or persons he considers necessary. |
(3) If the Chairman or any officer of the Board authorised under subsection (1) has reason to believe that an offence under this Act or any regulations made thereunder has been committed in respect of any timber found in the course of the inspection and examination under this section, he may prohibit the sale or export of the timber by —| (a) | sealing, marking or packaging the timber in such manner as to clearly indicate that the timber is subject to prohibition; and | | (b) | posting in a conspicuous part of the premises a prohibitory notice in such form as the Chairman thinks fit. |
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| (4) Any person who sells or exports timber in contravention of the prohibition imposed under subsection (3), or in any manner tampers with the seal, mark, packing or prohibitory notice placed, carried out or posted under that subsection shall be guilty of an offence. [44 |
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| Disposal of prohibited timber |
14.—(1) The court before which a prosecution is held for an offence committed in respect of timber which has been subjected to a prohibitory notice under section 13 may, if it is satisfied that an offence has been committed in respect of the timber and notwithstanding that no person may have been convicted thereof, order the forfeiture or destruction of the timber, as to the court thinks just.| (2) Any timber that has been forfeited under subsection (1) shall be sold by the Board and the proceeds of the sale thereof shall be paid into the Consolidated Fund, less any sum that may be certified by the Chairman of the Board as having been incurred by the Board in effecting the prohibition under section 13 and in carrying out the sale under this section. |
| (3) If the court does not make an order under subsection (1) or if no prosecution has been initiated in respect of any timber that has been subjected to prohibition under section 13 within two months of the imposition of the prohibition, the prohibition shall be deemed to have been lifted. [45 |
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| 15. The Minister may, from time to time, after consulting the Board, amend the Schedule. [46 |
| Obstructing officers of Board |
| 16. Any person who obstructs or hinders the Chairman, the chief executive officer of the Board or an officer or agent of the Board acting in the discharge of his duty under this Act or any regulations made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. [48 |
| Proceedings to be conducted by officers of Board |
| 17. Any proceedings in respect of an offence under this Act or any regulations made thereunder may be conducted by an officer of the Board or an officer of the Government authorised in writing in that behalf by the chief executive officer of the Board. [49 |
| Sanction of Public Prosecutor |
| 18. No court shall take cognizance of an offence under this Act or any regulations made thereunder except with the sanction of the Public Prosecutor. [50 |
| 19. A person who contravenes, fails to comply with or commits an offence under this Act or any regulations made thereunder for which no special penalty is provided by this Act shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both. [51 |
| Offence by body corporate |
| 20. Where an offence under this Act or any regulations made thereunder is committed by a body corporate and it is proved to have been committed with the consent or connivance of or to be attributable to an act or default on the part of a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. [52 |
21.—(1) The Board may, with the approval of the Minister, make such regulations as are necessary for carrying into effect the provisions of this Act.(2) Without prejudice to the generality of subsection (1), such regulations may —| (a) | prescribe the standards and methods of grading, processing, seasoning, preserving and packaging or bundling timber and the fees payable for grading; | | (b) | regulate and control all stages of the export production of timber from the procurement of logs to the export of timber; | | (c) | provide for stress grading and inspection of timber; | | (d) | provide for the training of graders; | | (e) | prescribe the type or form of statistical returns to be submitted by exporters, manufacturers, packers and suppliers; | | (f) | provide for the maintenance of proper standards of conduct in the carrying out of the timber trade and industry and deal with infringements thereof; | | (g) | prescribe the manner of applying for registration under this Act, the particulars to be supplied by an applicant, the manner of registration, the conditions to be imposed and the form or forms of certificates to be issued upon registration; and | | (h) | prescribe the fees to be charged in respect of anything done under or by virtue of this Act. |
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| (3) All regulations made under this section shall be published in the Gazette. [20 |
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