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TASMANIA
__________
TASMANIAN FORESTS AGREEMENT BILL 2012
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
5. Inconsistency with other Acts
PART 2 - CONTINUING WOOD SUPPLY (PRODUCTION POLICY)
6. Continuing wood supply
PART 3 - WOOD SUPPLY (AMENDMENTS TO FORESTRY ACT 1920)
7. Amendments to Forestry Act 1920
8. Amendments to forest management plans
PART 4 - SPECIAL COUNCIL
9. Special Council
PART 5 - MAKING OF PROPOSED RESERVES
10. Making of protection order
11. No compensation payable
12. Non-acceptance of protection order
13. Making of proposed reserve order
14. Non-acceptance of proposed reserve order
[Bill 30]-I
15. Nature Conservation Minister to be advised of proposed reserve
order
PART 6 - MAKING OF RESERVES
16. Making of reserves
17. Effect of proclamation
18. Entitlement to compensation
19. Continuation of leases, licences, &c.
20. Vesting of land held under Land Titles Act 1980
21. State tax not payable
PART 7 - AMENDMENTS TO NATURE CONSERVATION ACT 2002
22. Amendments to Nature Conservation Act 2002
PART 8 - MISCELLANEOUS
23. Right to request information
24. Regulations
25. Savings and transitional provisions
26. Administration of Act
27. Consequential amendments
SCHEDULE 1 - VISION FOR TASMANIA'S FORESTS
SCHEDULE 2 - SAVINGS AND TRANSITIONAL PROVISIONS
SCHEDULE 3 - CONSEQUENTIAL AMENDMENTS
2
TASMANIAN FORESTS AGREEMENT BILL 2012
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
23 November 2012
(Brought in by the Minister for Energy and Resources, the
Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Forestry Act 1920 in relation to
continuing wood supply, and to enable certain land to be
reserved, for the purposes of the Tasmanian Forests
Intergovernmental Agreement entered into by the
Commonwealth of Australia and the State of Tasmania
dated 7 August 2011, to create reserves and to amend the
Nature Conservation Act 2002 for the purposes of
benefiting economically from the carbon in Tasmania's
forests, and to amend certain other Acts
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Tasmanian Forests
Agreement Act 2012.
[Bill 30] 3
Tasmanian Forests Agreement Act 2012
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
(1) Subject to subsection (2), the provisions of this
Act commence on a day or days to be
proclaimed.
(2) Part 3 and section 27 and Schedule 3 commence
on a day to be proclaimed.
(3) A proclamation cannot be made under
subsection (2) earlier than -
(a) if the protection order identifies land as
being the subject of the initial proposed
reserve order as mentioned in
section 10(4)(d), on the publication of
the notice under section 10(18);
(b) if the protection order does not identify
land as being the subject of the initial
proposed reserve order as mentioned in
section 10(4)(d), the publication of the
first notice under section 13(10)(a)
or 14(6)(a).
3. Interpretation
(1) In this Act, unless the contrary intention
appears -
certified forest practices plan has the same
meaning as in the Forest Practices Act
1985;
Crown land has the same meaning as in the
Nature Conservation Act 2002;
4
Tasmanian Forests Agreement Act 2012
Act No. of
Part 1 - Preliminary s. 3
durability report means a durability report
prepared by the Special Council;
Forestry Corporation has the same meaning
as corporation in the Forestry Act 1920;
forestry covenant has the same meaning as in
the Forestry Rights Registration Act
1990;
forestry right has the same meaning as in the
Forestry Rights Registration Act 1990;
Government Business Enterprise means a
statutory authority specified in Schedule
1 to the Government Business
Enterprises Act 1995;
lease includes an agreement for a lease and a
tenancy agreement;
Nature Conservation Minister means the
Minister administering the Nature
Conservation Act 2002;
proposed reserve order means an order under
section 13;
protection order means the order made under
section 10;
Register of Multiple Use Forest Land
means -
(a) before the commencement of Part
3, the Register of Multiple Use
Forest Land within the meaning
5
Tasmanian Forests Agreement Act 2012
Act No. of
s. 3 Part 1 - Preliminary
of section 4 of the Forestry Act
1920; and
(b) on and after the commencement
of Part 3, the Register of
Permanent Timber Production
Zone Land within the meaning of
section 4 of the Forestry Act
1920;
relevant date means the date on which the Bill
for this Act was first tabled in
Parliament;
Reserves Management Minister means the
Minister administering the National
Parks and Reserves Management Act
2002;
Special Council means the Special Council
established by the Minister under
section 9;
State forest has the same meaning as in the
Forestry Act 1920;
State-owned company means a company
incorporated under the Corporations Act
that is controlled by -
(a) the Crown; or
(b) a Government Business
Enterprise; or
(c) a statutory authority; or
6
Tasmanian Forests Agreement Act 2012
Act No. of
Part 1 - Preliminary s. 3
(d) another company that is so
controlled;
State tax means any of the following if
imposed by any Act or law of Tasmania:
(a) a fee, including an application fee
and registration fee;
(b) a tax, including a duty;
(c) a charge;
statutory authority means a body or authority,
whether incorporated or not, that is
established or constituted by or under an
Act or under the royal prerogative, being
a body or authority which, or of which
the governing authority, wholly or partly
comprises a person or persons appointed
by the Governor, a Minister or another
statutory authority;
Tasmanian Forests Agreement means the
agreement entered into between the
Australian Conservation Foundation, the
Australian Forest Contractors
Association, the Australian Forest
Products Association, the Construction,
Forestry, Mining and Energy Union,
Environment Tasmania Inc, the
Tasmanian Forest Contractors
Association, the Forest Industries
Association of Tasmania, the Tasmanian
Sawmillers Association, The Wilderness
Society Inc and The Wilderness Society
(Tasmania) Inc and dated
7
Tasmanian Forests Agreement Act 2012
Act No. of
s. 4 Part 1 - Preliminary
22 November 2012 and includes any
person who signs the agreement after that
date.
(2) A reference in this Act to boundaries, values or
purpose includes a reference to boundaries,
values and purpose.
4. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
5. Inconsistency with other Acts
If any provisions of this Act are inconsistent
with any provisions of the -
(a) Nature Conservation Act 2002; or
(b) National Parks and Reserves
Management Act 2002; or
(c) Forestry Act 1920; or
(d) Forest Practices Act 1985; or
(e) Forestry Rights Registration Act 1990; or
(f) Crown Lands Act 1976; or
(g) Land Use Planning and Approvals Act
1993; or
(h) Land Titles Act 1980; or
8
Tasmanian Forests Agreement Act 2012
Act No. of
Part 1 - Preliminary s. 5
(i) Local Government (Building and
Miscellaneous Provisions) Act 1993 -
the provisions of this Act prevail to the extent of
the inconsistency.
9
Tasmanian Forests Agreement Act 2012
Act No. of
s. 6 Part 2 - Continuing Wood Supply (Production Policy)
PART 2 - CONTINUING WOOD SUPPLY
(PRODUCTION POLICY)
6. Continuing wood supply
(1) The Forestry Act 1920 is amended by repealing
section 22AA and substituting the following
section:
22AA. Production policy
(1) Each year the corporation must make
available -
(a) for the veneer and sawmilling
industries, a minimum aggregate
quantity of eucalypt veneer logs
and eucalypt sawlogs, from
multiple use forest, that meet the
prescribed specifications; and
(b) for a prescribed industry, the
prescribed quantity, prescribed
type and prescribed specification
of other prescribed timber.
(2) In subsection (1)(a) -
minimum aggregate quantity means -
(a) 137 000 cubic metres; or
(b) if another quantity is
prescribed, the prescribed
quantity.
10
Tasmanian Forests Agreement Act 2012
Act No. of
Part 2 - Continuing Wood Supply (Production Policy) s. 6
(3) The regulations may prescribe the time
for which the quantity, type and
specification of other timber is to be
made available and the source of the
other timber.
(2) If the protection order -
(a) is not made by the Minister within the
period specified in section 10(2); or
(b) is not accepted by both Houses of
Parliament under section 10; or
(c) is revoked under section 12, 13(9) or
14(5) -
section 22AA(2)(a) is amended on 30 June in the
year in which the protection order is not made, is
not accepted, or is revoked, as the case may be,
by omitting "137 000" and substituting
"300 000".
11
Tasmanian Forests Agreement Act 2012
Act No. of
s. 7 Part 3 - Wood Supply (Amendments to Forestry Act 1920)
PART 3 - WOOD SUPPLY (AMENDMENTS TO
FORESTRY ACT 1920)
7. Amendments to Forestry Act 1920
The Forestry Act 1920 is amended as follows:
(a) by omitting the definition of multiple use
forest land from section 4(1) and
substituting the following definition:
permanent timber production zone
land means land specified in the
Register of Permanent Timber
Production Zone Land;
(b) by omitting the definition of Register of
Multiple Use Forest Land from section
4(1) and substituting the following
definition:
Register of Permanent Timber
Production Zone Land means the
Register maintained by the
corporation in accordance with
section 18;
(c) by omitting "Register of Multiple Use
Forest Land" from paragraphs (c) and (d)
of section 4B(1) and substituting
"Register of Permanent Timber
Production Zone Land";
(d) by omitting "multiple use forest land"
from paragraph (d) of section 8(1) and
12
Tasmanian Forests Agreement Act 2012
Act No. of
Part 3 - Wood Supply (Amendments to Forestry Act 1920) s. 7
substituting "permanent timber
production zone land";
(e) by omitting "multiple use forest land"
from subparagraph (vi) of section
10(1)(a) and substituting "permanent
timber production zone land";
(f) by omitting "Register of Multiple Use
Forest Land" from paragraph (c) of
section 10(1) and substituting "Register
of Permanent Timber Production Zone
Land";
(g) by omitting "Register of Multiple Use
Forest Land" from subsection (2) of
section 17 and substituting "Register of
Permanent Timber Production Zone
Land";
(h) by omitting "multiple use forest land"
from paragraph (a) of section 17(12) and
substituting "permanent timber
production zone land";
(i) by omitting "multiple use forest land"
from paragraph (a) of section 17(13) and
substituting "permanent timber
production zone land";
(j) by omitting "Multiple use forest land"
from subsection (17) of section 17 and
substituting "Permanent timber
production zone land";
(k) by omitting "multiple use forest land"
from subsection (18) of section 17 and
13
Tasmanian Forests Agreement Act 2012
Act No. of
s. 7 Part 3 - Wood Supply (Amendments to Forestry Act 1920)
substituting "permanent timber
production zone land";
(l) by omitting "multiple use forest land"
from subsection (19) of section 17 and
substituting "permanent timber
production zone land";
(m) by omitting "multiple use forest land"
from subsection (21) of section 17 and
substituting "permanent timber
production zone land";
(n) by omitting "Register of Multiple Use
Forest Land" from section 19 and
substituting "Register of Permanent
Timber Production Zone Land";
(o) by omitting "multiple use forest land"
from subsection (2) of section 20 and
substituting "permanent timber
production zone land";
(p) by omitting "multiple use forest land"
from subsection (2)(b) of section 20 and
substituting "permanent timber
production zone land";
(q) by omitting "Register of Multiple Use
Forest Land" from paragraph (b) of
section 20(2) and substituting "Register
of Permanent Timber Production Zone
Land";
(r) by omitting "multiple use forest land"
from paragraph (a) of section 20AA(1)
14
Tasmanian Forests Agreement Act 2012
Act No. of
Part 3 - Wood Supply (Amendments to Forestry Act 1920) s. 8
and substituting "permanent timber
production zone land";
(s) by omitting "multiple use forest land"
from paragraph (c) of section 20A(1) and
substituting "permanent timber
production zone land";
(t) by omitting "multiple use forest land"
from paragraph (a) of section 22AA(1)
and substituting "permanent timber
production zone land".
8. Amendments to forest management plans
To the extent that existing forest management
plans are inconsistent with clause 8 of the
Tasmanian Forests Agreement, in relation to
forest production management, including special
craft and timber zone land, the Minister is to
direct the Forestry Corporation to prepare and
submit a proposed amendment to those forest
management plans to remove that inconsistency
within 12 months, or such other period as the
Minister may determine, from the
commencement of section 7.
15
Tasmanian Forests Agreement Act 2012
Act No. of
s. 9 Part 4 - Special Council
PART 4 - SPECIAL COUNCIL
9. Special Council
(1) The Minister, after consulting the signatories to
the Tasmanian Forests Agreement, by order, is
to establish a Special Council for the purposes
of -
(a) preparing durability reports; and
(b) promoting the vision referred to in
Schedule 1; and
(c) providing advice to the Minister
concerning the implementation of the
Tasmanian Forests Agreement; and
(d) providing advice to the Minister on such
matters in relation to the administration
of this Act as are specified in the order;
and
(e) such other matters as may be specified in
the order.
(2) The Special Council consists of -
(a) a person to represent the Australian
Conservation Foundation; and
(b) a person to represent the Australian
Forest Contractors Association; and
(c) a person to represent the Australian
Forest Products Association; and
16
Tasmanian Forests Agreement Act 2012
Act No. of
Part 4 - Special Council s. 9
(d) a person to represent the Construction,
Forestry, Mining and Energy Union; and
(e) a person to represent Environment
Tasmania Inc; and
(f) a person to represent the Tasmanian
Forest Contractors Association; and
(g) a person to represent the Forest
Industries Association of Tasmania; and
(h) a person to represent the Tasmanian
Sawmillers Association; and
(i) a person to represent the Wilderness
Society; and
(j) a person to represent Timber
Communities Australia; and
(k) any other person nominated by the
Minister.
(3) Not later than 2 years after the establishment of
the Special Council and at any time after that 2-
year period, the Minister, in consultation with
the Special Council -
(a) is to review the membership that
constitutes the Special Council; and
(b) may change the membership that
constitutes the Special Council.
(4) If the membership that constitutes the Special
Council is changed by the Minister under
subsection (3), the Minister, by order, is to
17
Tasmanian Forests Agreement Act 2012
Act No. of
s. 9 Part 4 - Special Council
specify the names of the members constituting
the Special Council and such other matters
relating to the Special Council as the Minister
may determine.
(5) Subject to this section, an order made under this
section may contain provisions -
(a) regulating the appointment of members
of the Special Council; and
(b) regulating the proceedings of the Special
Council.
(6) The members of the Special Council are
appointed by the Minister and the Minister may
appoint a member of the Special Council as its
chairperson.
(7) At a meeting of the Special Council, the
chairperson or, if the chairperson is absent or
there is no chairperson, another member present
and chosen by the members present is to preside.
(8) The chairperson or other member presiding at a
meeting of the Special Council has a deliberative
vote only and, in the event of an equality of
votes on any matter before a meeting of the
Special Council, the matter stands adjourned to
the next meeting of the Special Council.
(9) At a meeting of the Special Council, a quorum is
constituted if a majority of the members of the
Special Council are present.
(10) Subject to this Act, the Minister may make
arrangements to make available to the Special
18
Tasmanian Forests Agreement Act 2012
Act No. of
Part 4 - Special Council s. 9
Council such accommodation and assistance as
the Minister considers appropriate.
(11) The members of the Special Council are to be
paid such travelling and other allowances as the
Minister determines.
(12) An order under subsection (1) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
19
Tasmanian Forests Agreement Act 2012
Act No. of
s. 10 Part 5 - Making of Proposed Reserves
PART 5 - MAKING OF PROPOSED RESERVES
10. Making of protection order
(1) The Minister, by order published in the Gazette,
(the protection order) is to set aside land that can
be proposed as reserves for the purposes of this
Act.
(2) The Minister is to publish the protection order in
the Gazette not later than 6 months after the
commencement of this Part.
(3) For the purposes of subsection (1) -
land means -
(a) State forest within the meaning of
the Forestry Act 1920; or
(b) Crown land within the meaning
of the Crown Lands Act 1976; or
(c) land owned by the Forestry
Corporation; or
(d) any other land owned by a State-
owned company or Government
Business Enterprise.
(4) The protection order is to contain -
(a) a description by which the land that can
be proposed as reserves may be
identified; and
20
Tasmanian Forests Agreement Act 2012
Act No. of
Part 5 - Making of Proposed Reserves s. 10
(b) the indicative area and indicative
boundaries of the land that can be
proposed as reserves; and
(c) the purpose and values for which the
land is to be reserved; and
(d) a description of the land that will be the
subject of the initial proposed reserve
order on acceptance of the protection
order by both Houses of Parliament
under this section; and
(e) the activities that are to be prohibited on
the land that can be proposed as reserves
and the date from which they are
prohibited; and
(f) the certified forest practices plans
relating to that land that are to be
revoked and the date from which each
plan is revoked; and
(g) the forestry covenants or forestry rights
relating to that land that are to be
suspended; and
(h) the date by which the making of
proposed reserve orders creating the
proposed reserves are to be made; and
(i) any other matter in relation to the
protection of the land that can be
proposed as reserves or the making of
proposed reserves.
(5) For the purpose of subsection (4) -
21
Tasmanian Forests Agreement Act 2012
Act No. of
s. 10 Part 5 - Making of Proposed Reserves
date means a given date or a day reckoned by
a period of time from a given day, act or
event.
(6) The protection order is not a statutory rule for
the purposes of the Rules Publication Act 1953.
(7) Before the making of the protection order, the
Minister is to request the Special Council to
provide the Minister with a durability report
prepared by the Special Council and the Special
Council is to comply with that request.
(8) Before the making of the protection order, the
Minister is to obtain the durability report
referred to in subsection (7) and advice, in
writing, from the Minister administering the
Carbon Credits (Carbon Farming Initiative) Act
2011 of the Commonwealth as to whether any
changed management practices on land referred
to in subsection (4)(d), when reserved under this
Act, constitute a project that is not required to be
carried out under a law of the State for the
purposes of section 41 of the Carbon Credits
(Carbon Farming Initiative) Act 2011 of the
Commonwealth.
(9) On the making of the protection order by the
Minister -
(a) the land in the protection order is to be
known as "future reserve land"; and
(b) no activities referred to in
subsection (4)(e) can be authorised,
approved or permitted by any person,
pursuant to the performance or exercise
22
Tasmanian Forests Agreement Act 2012
Act No. of
Part 5 - Making of Proposed Reserves s. 10
of functions or powers under any written
law, on the land specified in the
protection order from the date referred to
in subsection (4)(e) until the order is
revoked under section 13(9) or 14(5) or
a proclamation is made under
section 16(10) in relation to the land; and
(c) the certified forest practices plans
specified in the protection order are, by
force of this provision, revoked from the
date referred to in subsection (4)(f) and
any authority given by those plans is
terminated; and
(d) the forestry covenants or forestry rights
specified in the protection order are, by
force of this provision, suspended and a
person must not do anything required,
authorised or permitted by those
covenants or rights during the duration of
the order; and
(e) the land identified in the protection order
as being the subject of the initial
proposed reserve order is taken to have
been land included in a proposed reserve
order accepted by both Houses of
Parliament under section 13.
(10) Except as provided in subsection (9)(c),
subsection (9) does not extinguish or otherwise
affect the right to commence or carry on any
activity on the land specified in the protection
order authorised, approved or permitted before
the commencement of the protection order.
23
Tasmanian Forests Agreement Act 2012
Act No. of
s. 10 Part 5 - Making of Proposed Reserves
(11) Subject to subsection (9), nothing in the
protection order prevents the managing entity of
the land specified in the protection order from
continuing to perform or exercise its functions or
powers, or discharge its obligations, in relation
to that land.
(12) Notwithstanding subsection (11), the managing
entity of land specified in the protection order
cannot, during the duration of the order, sell,
transfer or convey that land to any other person.
(13) Notwithstanding subsection (11), the managing
entity of land specified in the protection order
cannot, for the duration of the order, grant or
create a right or interest over that land for a
period exceeding, or capable of exceeding, 12
months without the written permission of the
Nature Conservation Minister or a person
approved by that Minister.
(14) For the purposes of this section -
managing entity, in relation to land specified
in the protection order, means the person
in whom is vested the management or
ownership of that land and includes the
Crown.
(15) The Minister must cause the protection order, the
durability report referred to in subsection (7) and
the advice referred to in subsection (8), to be laid
before each House of Parliament within the first
10 sitting-days of the House after it is so
published.
24
Tasmanian Forests Agreement Act 2012
Act No. of
Part 5 - Making of Proposed Reserves s. 10
(16) The protection order has effect from the day on
which it is made and continues to have effect on
the condition that it is accepted by both Houses
of Parliament.
(17) For the purposes of subsection (16), a House of
Parliament is to be taken to have accepted the
protection order if a copy of it has been laid on
the table of that House and -
(a) it is accepted by that House; or
(b) at the expiration of 15 sitting-days after it
was laid on the table of that House, no
notice has been given of a motion to
disallow it or, if such notice has been
given, the notice has been withdrawn or
the motion has been negatived; or
(c) if any notice of a motion to disallow it is
given during that period of 15 sitting-
days, the notice is, after the expiration of
that period, withdrawn or the motion is
negatived.
(18) Within 10 days after the protection order has
been accepted by both Houses of Parliament, the
Minister is to cause a notice to be published in
the Gazette notifying the acceptance of the
protection order by both Houses of Parliament.
(19) A notice under subsection (18) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
25
Tasmanian Forests Agreement Act 2012
Act No. of
s. 11 Part 5 - Making of Proposed Reserves
11. No compensation payable
No compensation is payable to any person in
relation to any loss arising from the making of
the protection order.
12. Non-acceptance of protection order
If either House of Parliament does not accept the
protection order, the protection order is revoked
and is taken to never have been made.
13. Making of proposed reserve order
(1) If both Houses of Parliament accept the
protection order, the Minister, by order
published in the Gazette (a proposed reserve
order), may declare land set aside in the
protection order to be proposed reserves for the
purposes of this Act.
(2) A proposed reserve order in relation to a
proposed reserve -
(a) is to be made on or before the date
specified in the protection order in
respect of the land; and
(b) is to contain the information specified in
section 10(4)(a), (b), (c) and (e) in
relation to that land.
(3) A proposed reserve order is not a statutory rule
for the purposes of the Rules Publication Act
1953.
26
Tasmanian Forests Agreement Act 2012
Act No. of
Part 5 - Making of Proposed Reserves s. 13
(4) Before the making of the proposed reserve order,
the Minister is to request the Special Council to
provide the Minister with a durability report
prepared by the Special Council and the Special
Council is to comply with that request.
(5) Before the making of a proposed reserve order,
the Minister is to -
(a) obtain from the Special Council the
durability report referred to in
subsection (4);
(b) obtain advice, in writing, from the
Minister administering the Carbon
Credits (Carbon Farming Initiative) Act
2011 of the Commonwealth as to
whether any changed management
practices on land specified in the
proposed reserve order, when reserved
under this Act, constitute a project that is
not required to be carried out under a law
of the State for the purposes of section 41
of the Carbon Credits (Carbon Farming
Initiative) Act 2011 of the
Commonwealth.
(6) The Minister must cause a proposed reserve
order, the advice referred to in subsection (5)(b)
in relation to the land specified in the proposed
reserve order and the durability report to be laid
before each House of Parliament within the first
10 sitting-days after the proposed reserve order
is published.
27
Tasmanian Forests Agreement Act 2012
Act No. of
s. 13 Part 5 - Making of Proposed Reserves
(7) A proposed reserve order is of no effect unless it
has been accepted by both Houses of Parliament.
(8) For the purposes of subsection (7), a House of
Parliament is to be taken to have accepted a
proposed reserve order if a copy of it has been
laid on the table of that House and -
(a) it is accepted by that House; or
(b) at the expiration of 15 sitting-days after it
was laid on the table of that House, no
notice has been given of a motion to
disallow it or, if such notice has been
given, the notice has been withdrawn or
the motion has been negatived; or
(c) if any notice of a motion to disallow it is
given during that period of 15 sitting-
days, the notice is, after the expiration of
that period, withdrawn or the motion is
negatived.
(9) If the Minister fails to make a proposed reserve
order, within the time specified in the protection
order, in respect of land specified in the
protection order, the protection order is revoked
by force of this provision.
(10) The Minister is to cause a notice to be published
in the Gazette notifying -
(a) the acceptance of the proposed reserve
order by both Houses of Parliament; or
28
Tasmanian Forests Agreement Act 2012
Act No. of
Part 5 - Making of Proposed Reserves s. 14
(b) the non-acceptance by a House of
Parliament of the proposed reserve order;
or
(c) that the Minister has failed to make a
proposed reserve order within the time
specified in the protection order in
respect of land specified in the protection
order.
(11) The Minister is to cause the notice referred to in
subsection (10) to be published in the Gazette
within 10 days of the acceptance or non-
acceptance of the proposed reserve order.
(12) A notice under subsection (10) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
14. Non-acceptance of proposed reserve order
(1) If either House of Parliament does not accept a
proposed reserve order pursuant to section 13,
the Minister may cause the proposed reserve
order to be laid before each House of Parliament
on one further occasion within 12 months from
the date of the notice referred to in
section 13(10) or within such other period from
the date of that notice as may be prescribed.
(2) Before the proposed reserve order is laid before
each House of Parliament under subsection (1),
the Minister is to obtain from the Special
Council a new durability report prepared by the
Special Council and lay that report before each
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Act No. of
s. 14 Part 5 - Making of Proposed Reserves
House of Parliament with the proposed reserve
order.
(3) The proposed reserve order is of no effect unless
it has been accepted by both Houses of
Parliament.
(4) For the purposes of subsection (3), a House of
Parliament is to be taken to have accepted a
proposed reserve order if a copy of it has been
laid on the table of that House and -
(a) it is accepted by that House; or
(b) at the expiration of 15 sitting-days after it
was laid on the table of that House, no
notice has been given of a motion to
disallow it or, if such notice has been
given, the notice has been withdrawn or
the motion has been negatived; or
(c) if any notice of a motion to disallow it is
given during that period of 15 sitting-
days, the notice is, after the expiration of
that period, withdrawn or the motion is
negatived.
(5) If either House of Parliament does not accept the
proposed reserve order laid before each House of
Parliament a second time under subsection (1),
the proposed reserve order is revoked and the
protection order is revoked.
(6) The Minister is to cause a notice to be published
in the Gazette notifying -
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Part 5 - Making of Proposed Reserves s. 15
(a) the acceptance of the proposed reserve
order by both Houses of Parliament; or
(b) the non-acceptance by a House of
Parliament of the proposed reserve order.
(7) The Minister is to cause the notice referred to in
subsection (6) to be published in the Gazette
within 10 days of the acceptance or non-
acceptance of the proposed reserve order.
(8) A notice under subsection (6) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
15. Nature Conservation Minister to be advised of
proposed reserve order
If each House of Parliament accepts a proposed
reserve order, or land identified in the protection
order is taken to have been land included in a
proposed reserve order accepted by both Houses
of Parliament by virtue of section 10(9)(e), the
Minister is to advise the Nature Conservation
Minister of the acceptance of the proposed
reserve order.
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Tasmanian Forests Agreement Act 2012
Act No. of
s. 16 Part 6 - Making of Reserves
PART 6 - MAKING OF RESERVES
16. Making of reserves
(1) On receipt of advice from the Minister of the
acceptance of a proposed reserve order, the
Nature Conservation Minister must make a
determination as to the final boundaries, values
and purpose of the proposed reserves specified
in the order.
(2) If the Nature Conservation Minister makes a
determination as to the final boundaries, values
and purpose of a proposed reserve that does not
substantially accord with the boundaries, values
or purpose for the proposed reserve accepted by
each House of Parliament under section 13, the
Nature Conservation Minister is to lay before
each House of Parliament a document specifying
the changed boundaries, values or purpose
determined by the Nature Conservation Minister
and the reason for the change.
(3) The Nature Conservation Minister's
determination under subsection (2) is final.
(4) The changed boundaries, values or purpose
determined by the Nature Conservation Minister
under subsection (2) are of no effect unless they
have been accepted by both Houses of
Parliament.
(5) For the purposes of subsection (4), a House of
Parliament is to be taken to have accepted the
changed boundaries, values or purpose
determined by the Nature Conservation Minister
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Part 6 - Making of Reserves s. 16
and specified in the document referred to in
subsection (2) if a copy of the document has
been laid on the table of that House and -
(a) it is accepted by that House; or
(b) at the expiration of 15 sitting-days after it
was laid on the table of that House, no
notice has been given of a motion to
disallow it or, if such notice has been
given, the notice has been withdrawn or
the motion has been negatived; or
(c) if any notice of a motion to disallow it is
given during that period of 15 sitting-
days, the notice is, after the expiration of
that period, withdrawn or the motion is
negatived.
(6) If both Houses of Parliament accept the changed
boundaries, values or purpose specified in the
document referred to in subsection (2), the
changed boundaries, values or purpose become
the boundaries, values or purpose for the
proposed reserve.
(7) If either House of Parliament does not accept the
changed boundaries, values or purpose specified
in the document referred to in subsection (2) -
(a) the land to which it relates is no longer a
proposed reserve for the purposes of this
Act; and
(b) the land is no longer subject to the
protection order; and
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s. 16 Part 6 - Making of Reserves
(c) section 10(9), (10), (11), (12), (13) and
(14) ceases to apply to the land.
(8) If -
(a) the Nature Conservation Minister makes
a determination as to the boundaries,
values or purpose of the proposed reserve
that substantially accords with the
boundaries, values or purpose accepted
by each House of Parliament under
section 13; or
(b) the changed boundaries, values or
purpose determined by the Nature
Conservation Minister and specified in
the document referred to in
subsection (2) are accepted by each
House of Parliament -
the Nature Conservation Minister is to
recommend to the Governor that the Governor
declare the proposed reserve to be a class of
reserved land under the Nature Conservation Act
2002 that gives effect to the boundaries, values
and purpose accepted by each House of
Parliament in respect of the proposed reserve.
(9) The Nature Conservation Minister's
determination under subsection (8)(a) is final.
(10) On receipt of a recommendation under
subsection (8), the Governor, by proclamation,
may -
(a) declare that any part of the proposed
reserve that is entered in the Register of
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Part 6 - Making of Reserves s. 16
Multiple Use Forest Land, immediately
before the making of the proclamation, is
deleted from that Register; and
(b) revoke the dedication as State forest of
such part of that proposed reserve that is,
immediately before the making of the
proclamation, dedicated as State forest;
and
(c) declare any part of the proposed reserve
that is not Crown land, by virtue of
paragraph (b), to be Crown land; and
(d) declare the proposed reserve to be
reserved land in one of the classes set out
in section 11(2)(a) of the Nature
Conservation Act 2002; and
(e) give a name to that reserved land; and
(f) identify whether the reserve is being
declared for the additional purpose of
removing carbon dioxide from the
atmosphere by all or any of the following
means:
(i) sequestering carbon in native
forest;
(ii) avoiding emissions of greenhouse
gas attributable to changed forest
management practices including
the clearing or harvesting of
native forest.
(11) For the purposes of subsection (10)(f) -
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s. 17 Part 6 - Making of Reserves
greenhouse gas has the same meaning as in
the Carbon Credits (Carbon Farming
Initiative) Act 2011 of the
Commonwealth;
native forest has the same meaning as in the
Carbon Credits (Carbon Farming
Initiative) Act 2011 of the
Commonwealth.
(12) Section 11(3) of the Nature Conservation Act
2002 applies to the naming of the reserved land.
(13) A proclamation under subsection (10) may only
be made declaring a proposed reserve to be
reserved land in a class if the proposed reserve
satisfies the criteria relating to that class as set
out in section 16 of the Nature Conservation Act
2002.
17. Effect of proclamation
On the making of a proclamation under
section 16 -
(a) any contract for the sale of any part of
the land described in the proclamation
that has not been completed is
extinguished; and
(b) any forestry covenant or forestry right
affecting any part of the land described in
the proclamation is extinguished; and
(c) any part of the land described in the
proclamation that is entered in the
36
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Part 6 - Making of Reserves s. 18
Register of Multiple Use Forest Land,
immediately before the making of the
proclamation, is deleted from the
Register; and
(d) the dedication as State forest of such part
of the land described in the proclamation
that is dedicated as State forest,
immediately before the making of the
proclamation, is revoked and that land
becomes Crown land; and
(e) any part of the land described in the
proclamation that is not Crown land, by
virtue of paragraph (d), is vested in the
Crown and becomes Crown land; and
(f) the land described in the proclamation is
taken to have been declared by the
Governor to be reserved land for the
purposes of the Nature Conservation Act
2002 of the class and with the name
specified in the proclamation as if the
proclamation had been made by the
Governor under section 11(2) of that Act;
and
(g) section 10(9), (10), (11), (12), (13) and
(14) ceases to apply to the land.
18. Entitlement to compensation
(1) In this section -
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s. 18 Part 6 - Making of Reserves
affected person means a person who is
adversely affected by the extinguishment
of -
(a) a contract for the sale of land that
was extinguished by virtue of the
operation of section 17(a), being
a contract made before the
relevant date; or
(b) a forestry covenant that was
extinguished by virtue of the
operation of section 17(b), being
a forestry covenant made before
the relevant date; or
(c) a forestry right that was
extinguished by virtue of the
operation of section 17(b), being
a forestry right made before the
relevant date.
(2) An affected person is entitled to compensation
for any loss in respect of a contract, forestry
covenant or forestry right extinguished by this
Act.
(3) Compensation is the amount agreed, in writing,
between the affected person and the Nature
Conservation Minister.
(4) Before agreeing an amount of compensation, the
Nature Conservation Minister must obtain the
approval of the Valuer-General to that amount.
(5) In determining whether to approve an amount of
compensation, the Valuer-General is to apply the
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Act No. of
Part 6 - Making of Reserves s. 19
same principles, with any necessary
modification, as he or she would apply in
approving an amount of compensation for the
purposes of section 40(8) of the Land
Acquisition Act 1993.
(6) If the affected person and the Nature
Conservation Minister cannot agree on the
amount of compensation, the claim for
compensation is to be determined as if it were a
disputed claim for compensation under the Land
Acquisition Act 1993 and, for that purpose -
(a) section 17(a), (b) or (c) is taken to be a
notice of acquisition, within the meaning
of that Act, validly gazetted on the day of
the making of the proclamation; and
(b) the Crown is the acquiring authority.
(7) No compensation is payable to any State-owned
company or Government Business Enterprise for
any loss in respect of a contract, forestry
covenant or forestry right extinguished by this
Act.
19. Continuation of leases, licences, &c.
(1) In this section -
burdening easement means an easement that
burdens land which is the subject of a
proclamation made under section 16;
grantor means a Minister acting under an Act,
a Government Business Enterprise or a
39
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Act No. of
s. 19 Part 6 - Making of Reserves
State-owned company that granted a
lease, licence, temporary licence,
occupation permit or burdening easement
referred to in subsection (2).
(2) This section applies to any lease, licence,
temporary licence, occupation permit or
burdening easement which, at the date of the
proclamation made under section 16, was in
force in respect of any land that is declared to be
reserved land pursuant to that proclamation.
(3) This section does not apply to any lease or
licence under the Mineral Resources
Development Act 1995.
(4) A reference in subsection (1), (5), (6), (7), (8) or
(9) to a proclamation made under section 16 is a
reference to the proclamation made under that
section that affects the land that is subject to a
lease, licence, temporary licence, occupation
permit or burdening easement referred to in
subsection (2).
(5) On the making of a proclamation under
section 16, the Reserves Management Minister is
substituted as a party to a lease, licence,
temporary licence, occupation permit or
burdening easement referred to in subsection (2),
that was granted by a grantor, in place of that
grantor.
(6) Any lease, licence, temporary licence,
occupation permit or burdening easement
referred to in subsection (2) which was
administered by a grantor immediately before
40
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Act No. of
Part 6 - Making of Reserves s. 19
the making of the proclamation under section 16
is to be administered by the responsible
Department in relation to the National Parks and
Reserves Management Act 2002.
(7) Notwithstanding anything in this Act, the Crown
Lands Act 1976, the National Parks and
Reserves Management Act 2002 or the Nature
Conservation Act 2002 -
(a) a lease, licence, temporary licence,
occupation permit or burdening easement
referred to in subsection (2) continues in
force in accordance with this section,
after the date of the proclamation made
under section 16, until it expires or is
surrendered, released, discharged or
terminated, as if the proclamation had not
been made; and
(b) the Reserves Management Minister -
(i) may, in relation to a lease,
licence, temporary licence,
occupation permit or burdening
easement referred to in
subsection (2), perform or
exercise, in addition to any
functions or powers under the
National Parks and Reserves
Management Act 2002 or any
other Act, the same functions or
powers, including without
limitation, functions and powers
under any written law, that could
have continued to be performed
41
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s. 20 Part 6 - Making of Reserves
or exercised by a grantor if the
proclamation made under
section 16 had not been made;
and
(ii) has, in relation to a lease, licence,
temporary licence, occupation
permit or burdening easement
referred to in subsection (2), the
same rights and obligations
which a grantor would have
continued to have if the
proclamation made under
section 16 had not been made.
(8) Nothing in this section makes the Reserves
Management Minister liable for any breach of a
lease, licence, temporary licence, occupation
permit or burdening easement referred to in
subsection (2) that occurred before the making
of the proclamation under section 16.
(9) A reference to a grantor in a lease, licence,
temporary licence, occupation permit or
burdening easement referred to in subsection (2)
that was granted by that grantor, is to be taken,
on and after the date of the proclamation made
under section 16, to be a reference to the
Reserves Management Minister.
20. Vesting of land held under Land Titles Act 1980
(1) In this section -
non-vested land, in relation to an area of land
that is comprised in a folio of the
42
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Act No. of
Part 6 - Making of Reserves s. 21
Register which includes vested land, any
part of that area of land that is not vested
land;
Recorder means the Recorder of Titles
appointed pursuant to section 4(1) of the
Land Titles Act 1980;
Register has the same meaning as in the Land
Titles Act 1980;
vested land means land that is vested in the
Crown pursuant to section 17(e).
(2) This section applies where a folio of the Register
includes both non-vested land and vested land.
(3) As soon as practicable following the making of a
proclamation under section 16 pursuant to which
any land becomes vested land, the Nature
Conservation Minister is to cause the following
documents to be lodged with the Recorder:
(a) an application by the Crown to be the
registered proprietor of the vested land in
accordance with section 138A of the
Land Titles Act 1980;
(b) a plan, prepared by a registered surveyor
in accordance with the requirements of
the Recorder, that identifies the non-
vested land and the vested land.
21. State tax not payable
State tax is not payable in respect of anything
arising or done pursuant to this Act.
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s. 22 Part 7 - Amendments to Nature Conservation Act 2002
PART 7 - AMENDMENTS TO NATURE
CONSERVATION ACT 2002
22. Amendments to Nature Conservation Act 2002
The Nature Conservation Act 2002 is amended
as follows:
(a) by omitting "land." from section 11(2)(b)
and substituting "land; and";
(b) by inserting after paragraph (b) of section
11(2) the following paragraph:
(c) identify whether the reserve is
being declared for the additional
purpose of removing carbon
dioxide from the atmosphere by
all or any of the following means:
(i) sequestering carbon in
trees in native forest;
(ii) avoiding emissions of
greenhouse gas
attributable to changed
forest management
practices including the
clearing or harvesting of
native forest.
(c) by inserting after subsection (2) of
section 11 the following subsection:
(2A) For the purposes of subsection
(2)(c) -
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Tasmanian Forests Agreement Act 2012
Act No. of
Part 7 - Amendments to Nature Conservation Act 2002 s. 22
greenhouse gas has the same
meaning as in the Carbon
Credits (Carbon Farming
Initiative) Act 2011 of the
Commonwealth;
native forest has the same
meaning as in the Carbon
Credits (Carbon Farming
Initiative) Act 2011 of the
Commonwealth.
45
Tasmanian Forests Agreement Act 2012
Act No. of
s. 23 Part 8 - Miscellaneous
PART 8 - MISCELLANEOUS
23. Right to request information
(1) The Minister, the Nature Conservation Minister
or the Reserves Management Minister may
request a State-owned company or Government
Business Enterprise to provide any information
that the Minister, Nature Conservation Minister
or Reserves Management Minister considers
necessary to enable the Minister, Nature
Conservation Minister or Reserves Management
Minister, as the case may be, to perform his or
her functions or exercise his or her powers under
this Act.
(2) The request must -
(a) be made by written notice given to the
State-owned company or Government
Business Enterprise; and
(b) specify the time before which the
information is to be given.
(3) The information must be given -
(a) in writing; and
(b) before the time specified in the request.
(4) A State-owned company or Government
Business Enterprise cannot withhold information
requested by a Minister under subsection (1) on
any grounds.
(5) No person -
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Act No. of
Part 8 - Miscellaneous s. 24
(a) has any claim against the Crown, a
Government Business Enterprise or a
State-owned company including, without
limitation, a claim for breach of
confidence; or
(b) is entitled to claim that a Government
Business Enterprise or a State-owned
company has breached any contract; or
(c) is entitled to terminate a contract or claim
any other remedy -
arising out of anything that the Crown, a
Government Business Enterprise or a State-
owned company is required to do under this
section.
(6) For the purposes of this section -
information includes, but is not limited to,
any analysis or interpretation of
information.
24. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting subsection (1), regulations may
be made in relation to the process to be
undertaken in the preparation of the durability
report, the matters to be considered in preparing
the report, the preparation of the report and the
form of the report.
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s. 25 Part 8 - Miscellaneous
(3) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by any person or body specified in the
regulations.
25. Savings and transitional provisions
The savings and transitional provisions specified
in Schedule 2 have effect.
26. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Energy and
Resources; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
27. Consequential amendments
The legislation specified in Schedule 3 is
amended as specified in that Schedule.
48
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sch. 1
SCHEDULE 1 - VISION FOR TASMANIA'S FORESTS
Section 8
Tasmania enjoys a rich forest heritage with natural and modified
landscapes which can provide multiple environmental, economic
and social benefits to its people on a sustainable basis into the
future. Implementation of this agreement provides the basis for
resolution of longstanding conflict surrounding the management of
forests and for widespread public support for community,
conservation and forest industry outcomes.
Tasmania's vision is for -
(a) A protected area estate that is accepted and valued for its
permanent protection of nationally and internationally
significant conservation, biodiversity and heritage values.
(b) A vibrant and competitive forest products sector with a brand
accepted and valued in domestic and international markets.
(c) Proud and genuine support of the Tasmanian and Australian
communities for each of the foregoing in the context of this
agreement.
This Vision encompasses -
Industry
1. A strong, competitive forest sector based on sustainably
managed publicly and privately owned native forests and
plantations, profitable production and infrastructure and
capable of innovation and investment.
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2. A permanent State forest production estate, defined by the
Tasmanian Forests Agreement 2012, including both native
forests and plantations securely tenured and managed for
wood production according to recognised sustainability
standards.
3. A sustainable annual supply of high and low quality hardwood
sawlogs, peeler billets and special species timber from native
forest and plantation sources on State forests in accordance
with the terms of the Tasmanian Forests Agreement 2012.
4. An increasing reliance on supply from hardwood plantation
sources, consistent with the emerging availability of
satisfactory plantation resources, technology and markets for
plantations based products.
5. A forest products supply chain, processing capacity and
markets which allow for the full, sustainable utilisation of all
harvested forest resources and their downstream processing
and value adding to maximise value for Tasmanian
communities.
6. An industry that supports decent, secure and safe jobs, fair
wage and contract rates, and respect for employees and
contractors rights and social protection, throughout the supply
chain.
Conservation
7. A protected area system on public land of a quality, scale and
tenure, compatible with the National Reserve System that
protects areas of National and International significance
consistent with the terms of the Tasmanian Forests
Agreement 2012.
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sch. 1
8. A long-term approach to land and resource management,
which optimises conservation functions at a landscape level.
Community
9. Meaningful engagement and involvement of forest
stakeholders, the community and governments in the
management of State forests.
10. Strong, cohesive and resilient Tasmanian communities
supporting and supported by the management of production
and protected forests areas.
11. A fair reconciliation of Aboriginal Tasmanian's claims
regarding Tasmanian land.
Management agencies/institutions
12. Management and regulatory agencies/institutions whose
decision-making is efficiently integrated at a landscape level,
while providing confidence and security to production and
environmental outcomes.
13. Continued public and private investment in forest and forest
products research and development.
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SCHEDULE 2 - SAVINGS AND TRANSITIONAL
PROVISIONS
Section 25
1. Interpretation
In this Schedule -
asset means -
(a) any legal or equitable estate or
interest (whether present or future
and whether vested or contingent)
in real or personal property; and
(b) any other right -
having any connection with the land that
is declared to be reserved land pursuant
to a proclamation made under section 16;
contract means -
(a) an agreement, arrangement,
undertaking, warranty or other
contract; or
(b) part of an agreement,
arrangement, undertaking,
warranty or other contract -
having any connection with the land that
is declared to be reserved land pursuant
to a proclamation made under section 16;
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corporation means the Forestry Corporation
or other Government Business Enterprise
or a State-owned company;
document includes part of a document;
liability includes any, or any part of any,
liability, duty and obligation, whether
actual, contingent or prospective in
relation to any land that is declared to be
reserved land pursuant to a proclamation
made under section 16;
right includes any right, power, privilege and
immunity, whether actual, contingent or
prospective in relation to any land that is
declared to be reserved land pursuant to a
proclamation made under section 16;
specified means specified in a transfer notice;
timber has the same meaning as in the
Forestry Act 1920;
transfer day means the day on which a
transfer notice, or the relevant part of a
transfer notice, takes effect;
transfer notice means -
(a) a notice made under clause 2(1)
or (2); or
(b) a part of such a notice;
transferor, in relation to a transfer notice,
means -
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(a) the Crown if the relevant transfer
notice transfers any assets,
liabilities or contracts to the
corporation referred to in the
transfer notice; or
(b) the corporation referred to in the
transfer notice if the relevant
transfer notice transfers any
assets, liabilities or contracts to
the Crown;
transfer recipient, in relation to a transfer
notice, means -
(a) the corporation referred to in the
relevant transfer notice if the
transfer notice transfers any
assets, liabilities or contracts to
the corporation; or
(b) the Crown if the relevant transfer
notice transfers any assets,
liabilities or contracts to the
Crown.
2. Transfer of assets to and from a corporation
(1) The Reserves Management Minister, after
consulting the Minister, by notice published in
the Gazette, may transfer from a corporation to
the Crown such -
(a) assets owned by the corporation; and
(b) liabilities of the corporation; and
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(c) contracts to which the corporation is a
party, other than contracts for the supply
of timber or contracts of employment -
as are specified in the notice.
(2) The Reserves Management Minister, after
consulting the Minister, by notice published in
the Gazette, may transfer from the Crown to a
corporation such -
(a) assets owned by the Crown; and
(b) liabilities of the Crown; and
(c) contracts to which the Crown is a party,
other than contracts of employment -
as are specified in the notice.
(3) A transfer notice may -
(a) specify conditions including, without
limitation -
(i) conditions relating to the transfer
of the assets, liabilities and
contracts; and
(ii) conditions relating to the
payment of consideration, if any
is payable; and
(b) provide that a right under a specified
contract is held by the transferor or the
transfer recipient; and
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(c) provide that a liability under a specified
contract is a liability of the transferor or
the transfer recipient; and
(d) provide that a reference in a specified
contract to the transferor is, or is to
include, a reference to the transfer
recipient; and
(e) provide that a transfer recipient is
substituted as a party to the contract, in
place of the transferor, from a date not
earlier than the transfer day; and
(f) provide for any matter that is incidental
to the transfer of the assets, liabilities and
contracts.
(4) A transfer notice takes effect on the specified
day or days, whether that day is, or those days
are, before, on or after the day on which the
transfer notice is published in the Gazette.
(5) A transfer notice takes effect in accordance with
its terms.
(6) Without limiting subclause (5) -
(a) on the transfer day -
(i) the specified assets vest in the
transfer recipient, in accordance
with the transfer notice, without
the need for any further
conveyance, transfer, assignment
or assurance but subject to any
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conditions specified in the
transfer notice; and
(ii) the specified liabilities become
the liabilities of the transfer
recipient, in accordance with the
transfer notice, without the need
for any further conveyance,
transfer, assignment or assurance
but subject to any conditions
specified in the transfer notice;
and
(iii) the transferor ceases to be a party
to the specified contracts unless
the transfer notice provides
otherwise or except to the extent
specified in the transfer notice;
and
(b) on and after the transfer day -
(i) a specified contract is taken to
have been made by the transfer
recipient; and
(ii) a reference to the transferor in a
specified contract is taken to be
or include, as appropriate, a
reference to the transfer recipient.
(7) Subclause (6)(a) and (6)(b) have effect despite
any contrary provision in the specified contract.
(8) A person who is a party to a contract that is the
subject of a transfer notice is not entitled to -
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(a) terminate that contract; or
(b) claim that there has been a breach or
default of the contract; or
(c) claim any remedy -
by reason only of the transfer (made by virtue of
such a notice) of that contract, or of property, a
right, or an obligation, to which that contract
relates or arising from that contract.
(9) The Reserves Management Minister after
consulting the Minister may amend or revoke a
transfer notice.
(10) A transfer notice is not a statutory rule for the
purposes of the Rules Publication Act 1953.
3. Transitional provisions on transfer of property and
assets to and from a corporation
(1) In this section -
transferring asset means any asset specified
in a transfer notice;
transferring contract means a contract
specified in a transfer notice;
transferring liability means a liability
specified in a transfer notice.
(2) On and after the transfer day, the following
provisions apply unless the transfer notice
provides otherwise:
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(a) a reference to the transferor in a
document in relation to a transferring
asset, transferring liability or transferring
contract is taken where appropriate to be
or to include a reference to the transfer
recipient;
(b) a contract made by the transferor relating
to a transferring asset, transferring
liability or transferring contract to the
extent that it is not performed or
discharged before the transfer day is
taken to have been made by the
transferor or transfer recipient, as
appropriate.
(3) A transfer notice may limit the extent to which
the provisions of subclause (2) apply.
4. Removing doubt relating to transfer
(1) If there is any doubt -
(a) as to whether any asset, liability or
contract, or any part of any asset, liability
or contract, is transferred to the transfer
recipient by the operation of
clause 2(6)(a); or
(b) as to whether any contract or other
document relates to any asset, liability or
contract that is transferred to the transfer
recipient by the operation of
clause 2(6)(a) -
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the Reserves Management Minister is to
determine the matter in consultation with the
Minister and is to provide written notice of that
determination to the transfer recipient and, if the
Reserves Management Minister considers it
appropriate, a party to a contract that is relevant
to the determination of the matter.
(2) The determination of the Reserves Management
Minister under subclause (1) is final and binding.
5. Savings and transitional regulations
(1) The Governor may make regulations to
provide -
(a) for savings and transitional matters, not
otherwise provided for in this Act,
necessary or expedient for bringing this
Act into operation; and
(b) for savings and transitional matters
consequent on a transfer of any assets,
liabilities or contracts to a transfer
recipient under a transfer notice.
(2) Regulations made under subclause (1) may
provide for any of the savings or transitional
matters to take effect when this Act commences
or on a later day specified in the regulations,
whether the day so specified is before, on or
after the day on which the regulations are made.
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SCHEDULE 3 - CONSEQUENTIAL AMENDMENTS
Section 27
Public Land (Administration and Forests) Act 1991
1. Division 4 of Part 5 is amended by omitting
"Register of Multiple Use Forest Land" from
the heading to that Division and substituting
"Register of Permanent Timber Production
Zone Land".
2. Section 132(1) is amended as follows:
(a) by omitting "multiple use forest land"
and substituting "permanent timber
production zone land";
(b) by omitting "Register of Multiple Use
Forest Land" and substituting "Register
of Permanent Timber Production Zone
Land".
3. Section 134(3)(b) is amended by omitting
"multiple use forest land" and substituting
"permanent timber production zone land".
4. Schedule 9 is amended by omitting
"MULTIPLE USE FOREST LAND" from the
heading to that Schedule and substituting
"PERMANENT TIMBER PRODUCTION
ZONE LAND".
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Regional Forest Agreement (Land Classification) Act 1998
1. Section 3(1) is amended by omitting the
definition of Register of Multiple Use Forest
Land and substituting the following definition:
Register of Permanent Timber Production
Zone Land has the same meaning as in
the Forestry Act 1920;
2. Section 6(4) is amended by omitting "Register of
Multiple Use Forest Land" and substituting
"Register of Permanent Timber Production Zone
Land".
3. Section 7(2) is amended by omitting "Register of
Multiple Use Forest Land" and substituting
"Register of Permanent Timber Production Zone
Land".
4. Section 8(2) is amended by omitting "Register of
Multiple Use Forest Land" and substituting
"Register of Permanent Timber Production Zone
Land".
5. Section 13(4) is amended by omitting "Register
of Multiple Use Forest Land" and substituting
"Register of Permanent Timber Production Zone
Land".
6. Schedule 3 is amended by omitting
"REGISTER OF MULTIPLE USE FOREST
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LAND" from the heading to that Schedule and
substituting "REGISTER OF PERMANENT
TIMBER PRODUCTION ZONE LAND".
Wellington Park Act 1993
1. Section 74 is amended as follows:
(a) by omitting the definition of Register of
Multiple Use Forest Land from
subsection (1) and substituting the
following definition:
Register of Permanent Timber
Production Zone Land and State
forest have the same meanings as
in the Forestry Act 1920.
(b) by omitting from subsection (5)
"Register of Multiple Use Forest Land"
and substituting "Register of Permanent
Timber Production Zone Land";
(c) by omitting from subsection (7)
"Register of Multiple Use Forest Land"
and substituting "Register of Permanent
Timber Production Zone Land".
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