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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Regional
Forest Agreements Bill 1998
No. ,
1998
(Forestry and
Conservation)
A Bill for an Act
relating to Regional Forest Agreements
ISBN: 0642
37838X
Contents
A Bill for an Act relating to Regional Forest
Agreements
The Parliament of Australia enacts:
This Act may be cited as the Regional Forest Agreements Act
1998.
(1) Subject to subsection (2), this Act commences on a day to be fixed by
Proclamation.
(2) If this Act does not commence under subsection (1) within the period
of 6 months beginning on the day on which it receives the Royal Assent, it
commences on the first day after the end of that period.
In this Act, unless the contrary intention appears:
comprehensive, adequate and representative reserve system, in
relation to an RFA, has the same meaning as in the RFA.
forest products means live or dead trees, ferns or shrubs, or
parts thereof.
forestry operations means any of the following done for
commercial purposes:
(a) the planting of trees;
(b) the managing of trees before they are harvested;
(c) the harvesting of forest products;
and includes any related land clearing, land preparation and regeneration
(including burning) and transport operations.
plantation means an intensively managed stand of trees of
either native or exotic species that is created by the regular placement of
seedlings or seed.
RFA or Regional Forest Agreement means an
agreement that is in force between the Commonwealth and a State in respect of a
region or regions, being an agreement that satisfies all the following
conditions:
(a) the agreement was entered into having regard to assessments of the
following matters that are relevant to the region or regions:
(i) environmental values, including old growth, wilderness, endangered
species, national estate values and world heritage values;
(ii) indigenous heritage values;
(iii) economic values of forested areas and forest industries;
(iv) social values (including community needs);
(v) principles of ecologically sustainable management;
(b) the agreement provides for a comprehensive, adequate and
representative reserve system;
(c) the agreement provides for the ecologically sustainable management
and use of forested areas in the region or regions;
(d) the agreement is expressed to be for the purpose of providing
long-term stability of forests and forest industries;
(e) the agreement is expressed to be a Regional Forest
Agreement.
RFA forestry operations means forestry operations
that:
(a) are conducted in relation to land in a region covered by an RFA (being
land where those operations are not prohibited by the RFA); and
(b) are conducted in relation to a forest (within the meaning of the
RFA).
RFA wood means processed or unprocessed wood (including
woodchips) sourced from a region covered by an RFA, but does not include wood
sourced from a plantation in a State unless:
(a) a code of practice for that State has been approved under regulation
4B of the Export Control (Unprocessed Wood) Regulations; and
(b) that approval has not been revoked under regulation 4C of those
regulations.
State includes the Australian Capital Territory and the
Northern Territory.
This Act binds the Crown in right of the Commonwealth.
(1) RFA wood is not prescribed goods for the purposes of the Export
Control Act 1982.
Note: The Export Control Act 1982 regulates the
export of “prescribed goods”.
(2) An export control law does not apply to RFA wood unless it expressly
refers to RFA wood. For this purpose, export control law means a
provision of a law of the Commonwealth (other than the Export Control Act
1982) that prohibits or restricts exports, or has the effect of prohibiting
or restricting exports.
(3) The effect of RFA forestry operations must be disregarded for the
purposes of the following:
(a) section 30 of the Australian Heritage Commission Act
1975;
(b) approved procedures under section 6 of the Environment Protection
(Impact of Proposals) Act 1974;
(c) section 11 of the Environment Protection (Impact of Proposals) Act
1974;
(d) section 6 of the World Heritage Properties Conservation Act
1983.
The termination of an RFA by the Commonwealth is of no effect unless it
is done in accordance with the termination provisions of the RFA, being those
provisions as in force:
(a) at the time of commencement of this Act; or
(b) at the time the RFA comes into force;
whichever is later.
(1) The Commonwealth is liable to pay any compensation that the
Commonwealth is required to pay to a State in accordance with the compensation
provisions of an RFA, being those provisions as in force:
(a) at the time of commencement of this Act; or
(b) at the time the RFA comes into force;
whichever is later.
(2) The Commonwealth’s liability incurred under subsection (1) while
an RFA is in force continues even though the RFA may subsequently have expired
or been terminated.
(3) Compensation that the Commonwealth is liable to pay under this
section:
(a) may be recovered as a debt in a court of competent jurisdiction;
and
(b) is payable out of money appropriated by the Parliament.
(1) As soon as practicable after an RFA is entered into, the Minister must
publish a notice in the Gazette:
(a) stating that the RFA has been entered into; and
(b) giving details of the region and the date when the RFA comes into
force or came into force.
(2) As soon as practicable after an RFA ceases to be in force, the
Minister must publish a notice in the Gazette:
(a) stating that the RFA has ceased to be in force; and
(b) giving details of the region and the date when the RFA ceased to be in
force.