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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Forestry (Miscellaneous) Amendment
Bill 2012
A BILL FOR
An Act to amend the Forestry
Act 1950.
Contents
Part 1—Preliminary
1Short title
2Amendment
provisions
Part 2—Amendment of Forestry
Act 1950
3Amendment of section
2—Interpretation
4Insertion of Part 2A
Part 2A—State Forestry
Plan
4State Forestry
Plan
5Amendment of section 13—Sale of trees and
timber
6Insertion of Part 4A
Part 4A—South East Economic Stimulus
Fund
19South East Economic
Stimulus Fund
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Forestry (Miscellaneous) Amendment
Act 2012.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Forestry
Act 1950
3—Amendment
of section 2—Interpretation
Section 2(1)—after the definition of property
insert:
South East has the same meaning as in the South
Eastern Water Conservation and Drainage Act 1992;
South East Economic Stimulus Fund—see
Part 4A;
State Forestry Plan—see Part 2A.
After Part 2 insert:
Part 2A—State Forestry Plan
4—State Forestry Plan
(1) The Minister must, within 18 months after the commencement of
this section, prepare and maintain a plan to be called the State Forestry
Plan.
(2) The State Forestry Plan must, in respect of all forest reserves of the
State—
(a) assess the state and condition of the forest reserves; and
(b) provide for the ongoing monitoring and evaluation of the state and
condition of the forest reserves; and
(c) identify goals, set priorities and identify strategies with respect to
the management of the forest reserves including in relation to—
(i) the attainment or maintenance of forestry plantation management
standards and practices including (but not limited to)—
(A) timber quality within the forest reserves;
(B) the productive capacity of the forest reserves;
(C) forest conservation and sustainability;
(D) native animal habitat rehabilitation;
(E) pest and weed control;
(F) environmental and conservation measures;
(ii) the use of the forest reserves for economic, environmental and
recreational purposes; and
(d) provide details of any forest industry policy or strategy, or State
government policy or initiative, that is relevant to, or will be implemented in
connection with, the management or enhancement of any forest reserve or the
harvesting of the trees; and
(e) assess the
state of the timber processing industry in regions surrounding the forest
reserves including (but not limited to) the volume, type and quality of trees
and timber supplied to timber processors; and
(f) assess the
state of economic activities based on forestry and other industries in the
regions surrounding the forest reserves; and
(g) assess the fire suppression, protection, detection and management, and
fire fighting capacity, within the regions surrounding the forest reserves;
and
(h) identify
existing and future risks to the economic or environmental viability of the
forest reserves; and
(i) set out goals and identify any plans or strategies that are to be
adopted or implemented, or research undertaken, to address any factors
identified under
paragraphs (f)
to
(h).
(3) The Minister must review the State Forestry Plan at least once in
every 5 years and may make such amendments (including additions) to the
Plan as the Minister thinks necessary or desirable.
(4) Within 14 sitting days after the preparation of the State
Forestry Plan, or amendment to the Plan, the Minister must cause a copy of the
Plan, or the Plan as amended, to be laid before both Houses of
Parliament.
5—Amendment
of section 13—Sale of trees and timber
(1) Section 13—delete "The Corporation" and
substitute:
Subject to this section, the Corporation
(2) Section 13—after its present contents as amended by this
section (now to be designated as subsection (1)) insert:
(2) Before the
Corporation may enter into a contract to sell the right to harvest a forward
rotation of any trees in a forest reserve, the Minister must cause a copy
of—
(a) the contract; and
(b) in respect of a sale of the right to harvest a forward rotation of any
trees in a forest reserve located in the South East—a report prepared by
the Minister in accordance with
subsection (3),
to be laid before both houses of Parliament.
(3) The report prepared
by the Minister must set out the extent to which the terms of the contract and
any State Government initiatives proposed in connection with the sale are
consistent with the recommendations of the South-East Forest Industry
Roundtable or such other equivalent body established in substitution of that
body.
(4)
Subsection (2) does
not apply to or in relation to—
(a) any trees that are to be harvested within 12 months from the date
on which a contract of sale is entered into; or
(b) any timber or mill products produced by the Corporation.
After Part 4 insert:
Part 4A—South East Economic Stimulus
Fund
19—South East Economic Stimulus
Fund
(1) The South East Economic Stimulus Fund is established.
(2) The Fund must be kept as directed by the Treasurer.
(3) The Fund consists of—
(a) 20% of the proceeds of any contract of sale of the right to
harvest a forward rotation of any trees in a forest reserve located in the South
East under section 13; and
(b) any money provided by the Parliament for the purposes of the Fund;
and
(c) any income arising from the investment of the Fund under
subsection (4);
and
(d) any additional money that is to be paid into the Fund under a
determination of the Treasurer; and
(e) any other money that is required or authorised by another law to be
paid into the Fund.
(4) The Fund may be
invested as approved by the Treasurer.
(5) The Minister for Regional Development may apply any part of the
Fund—
(a) for such purposes directly related to economic and social development
or investment in the South East as may be determined by that Minister (including
payment to any person or organisation (whether or not an agency or
instrumentality of the Crown) for those purposes); or
(b) in making any other payment required by another law to be made from
the Fund; or
(c) in payment of the expenses of administering the Fund.
(6) The administrative
unit of the Public Service that is, under the Minister for Regional Development,
responsible for regional development within the State must on or before
30 September in each year present a report to that Minister on the
operation of the Fund during the previous financial year.
(7) A report under
subsection (6) may
be incorporated into the annual report of the relevant administrative
unit.
(8) The Minister for Regional Development must cause a copy of the report
to be laid before both Houses of Parliament within 12 sitting days after
the report is received by that Minister.
(9) The Minister for Regional Development must, in connection with the
operation of this section, maintain on a website—
(a) a statement of income and expenditure for the Fund (listing each
allocation of money from the Fund separately and in a manner that identifies the
purpose or purposes for which each allocation is to be used); and
(b) information about how applications may be made for grants or other
payments from the Fund.
(10) In this section—
Minister for Regional Development means the Minister who has
the portfolio responsibility for regional development within the
State.