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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Ending Native Forest Logging Bill 2023
No. , 2023
(Senator Rice)
A Bill for an Act to repeal the
Regional Forest
Agreements Act 2002
and to amend the
Environment
Protection and Biodiversity Conservation Act 1999
,
and for related purposes
No. , 2023
Ending Native Forest Logging Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Repeal of the Regional Forest Agreements Act
2002
3
Part 1--Repeal of the Regional Forest Agreements Act 2002
3
Regional Forest Agreements Act 2002
3
Part 2--Consequential amendments
5
Environment Protection and Biodiversity Conservation Act 1999
5
Schedule 2--Annual statements on the impact of native forest
logging
6
Environment Protection and Biodiversity Conservation Act 1999
6
No. , 2023
Ending Native Forest Logging Bill 2023
1
A Bill for an Act to repeal the
Regional Forest
1
Agreements Act 2002
and to amend the
Environment
2
Protection and Biodiversity Conservation Act 1999
,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Ending Native Forest Logging Act 2023
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Ending Native Forest Logging Bill 2023
No. , 2023
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Repeal of the Regional Forest Agreements Act 2002
Schedule 1
Repeal of the Regional Forest Agreements Act 2002
Part 1
No. , 2023
Ending Native Forest Logging Bill 2023
3
Schedule 1--Repeal of the Regional Forest
1
Agreements Act 2002
2
Part 1--Repeal of the Regional Forest Agreements
3
Act 2002
4
Regional Forest Agreements Act 2002
5
1 The whole of the Act
6
Repeal the Act.
7
2 Application--repeal of Act
8
Despite the repeal of the
Regional Forest Agreements Act 2002
, the
9
Minister is required to comply with subsection 9(2) of that Act (which
10
deals with publishing a notice that a Regional Forest Agreement has
11
ceased to be in force).
12
3 Effect of repeal
13
(1)
To avoid doubt, on the commencement of this Part:
14
(a) a Regional Forest Agreement that is in force between the
15
Commonwealth and a State under the old Act is terminated;
16
and
17
(b) an export control law will apply to RFA wood whether or not
18
that law expressly refers to RFA wood; and
19
(c) Part 3 of the
Environment Protection and Biodiversity
20
Conservation Act 1999
will apply to a forestry operation.
21
(2)
In this item:
22
old Act
means the
Regional Forest Agreements Act 2002
.
23
4 Compensation for acquisition of property
24
(1)
If the operation of this Part would result in an acquisition of property
25
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
26
person otherwise than on just terms (within the meaning of that
27
paragraph), the Commonwealth is liable to pay a reasonable amount of
28
compensation to the person.
29
Schedule 1
Repeal of the Regional Forest Agreements Act 2002
Part 1
Repeal of the Regional Forest Agreements Act 2002
4
Ending Native Forest Logging Bill 2023
No. , 2023
(2)
If the Commonwealth and the person do not agree on the amount of the
1
compensation, the person may institute proceedings in a court of
2
competent jurisdiction for the recovery from the Commonwealth of
3
such reasonable amount of compensation as the Court determines.
4
Repeal of the Regional Forest Agreements Act 2002
Schedule 1
Consequential amendments
Part 2
No. , 2023
Ending Native Forest Logging Bill 2023
5
Part 2--Consequential amendments
1
Environment Protection and Biodiversity Conservation Act
2
1999
3
5 Section 11
4
Omit "it is taken in accordance with Regional Forest Agreements or".
5
6 Division 4 of Part 4 of Chapter 2
6
Repeal the Division.
7
7 Subsection 75(2B)
8
Repeal the subsection.
9
Schedule 2
Annual statements on the impact of native forest logging
6
Ending Native Forest Logging Bill 2023
No. , 2023
Schedule 2--Annual statements on the impact
1
of native forest logging
2
3
Environment Protection and Biodiversity Conservation Act
4
1999
5
1 At the end of Part 21 of Chapter 6
6
Add:
7
Division 3--Annual statements on the impact of native
8
forest logging
9
516C Annual statement by the Minister
10
(1) Within 3 months after the end of each financial year, the Minister
11
must prepare an annual statement on the impact of native forest
12
logging on the progress made during the year towards achieving
13
Australia's conservation target.
14
(2) For the purposes of subsection (1),
Australia's conservation target
15
is to effectively conserve at least 30% of land in Australia by 2030.
16
(3) The Minister must cause a copy of the statement to be tabled in
17
each House of the Parliament within 15 sitting days of that House
18
after the statement is prepared.
19
(4) Subsection (2) is to be interpreted in a manner consistent with
20
Target 3 of the
Kunming-Montreal Global Biodiversity Framework
21
adopted at the 15
th
Conference of Parties to the UN Convention on
22
Biological Diversity.
23
Note:
In 2023, the
Kunming-Montreal Global Biodiversity Framework
could
24
be viewed at the website of the Convention on Biological Diversity
25
(https://www.cbd.int).
26
516D Annual statement by the Threatened Species Commissioner
27
(1) Within 3 months after the end of each financial year, the
28
Threatened Species Commissioner must prepare and give to the
29
Minister an annual statement on the impact of native forest logging
30
Annual statements on the impact of native forest logging
Schedule 2
No. , 2023
Ending Native Forest Logging Bill 2023
7
on the progress made during the year towards achieving Australia's
1
zero extinction target.
2
(2) For the purposes of subsection (1),
Australia's zero extinction
3
target
is to halt human induced extinction of threatened species in
4
Australia by 2030.
5
(3) The Minister must cause a copy of the statement to be tabled in
6
each House of the Parliament within 15 sitting days of that House
7
after the day on which the Minister receives the report.
8
(4) Subsection (2) is to be interpreted in a manner consistent with
9
Target 4 of the
Kunming-Montreal Global Biodiversity Framework
10
adopted at the 15
th
Conference of Parties to the UN Convention on
11
Biological Diversity.
12
Note:
In 2023, the
Kunming-Montreal Global Biodiversity Framework
could
13
be viewed at the website of the Convention on Biological Diversity
14
15
516E Definitions
16
In this Division:
17
native forest
means an area of land that:
18
(a) is dominated by trees which are native species, including
19
trees which have been established with human assistance
20
following any of the following events:
21
(i) flood;
22
(ii) bushfire;
23
(iii) drought;
24
(iv) pest attack;
25
(v) disease; and
26
(b) is not a plantation; and
27
(c) is not an area of land that was previously dominated by trees
28
which are native species that has been regenerated with trees
29
which are non-native species.
30
2 Section 528
31
Insert:
32
native forest
has the meaning given by section 516E.
33
Schedule 2
Annual statements on the impact of native forest logging
8
Ending Native Forest Logging Bill 2023
No. , 2023
3 Application of amendments
1
The amendments of the
Environment Protection and Biodiversity
2
Conservation Act 1999
made by this Schedule apply from the first
3
30 June that occurs on or after the day this Act commences.
4