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Tasmanian Forests Agreement Bill 2012
CLAUSE NOTES
PART 1 Preliminary
Clause 1 - Short title
This clause provides the short title to be used when citing the Act for any legal
purpose.
Clause 2 - Commencement
The Bill will commence on the day or days on which it is proclaimed.
Part 3 of the Bill (WOOD SUPPLY (AMENDEMENTS TO THE FORESTRY ACT 1920))
cannot be proclaimed until such time as the Minister administering the Act
(the Minister) has published a notice in the Gazette, notifying that both
Houses of Parliament have accepted a proposed reserve order, made under
clause 10(1)(e), clause 13 or clause 14 of the Bill (Making of protection order).
Clause 3 - Interpretation
Key terms used in the Bill are defined in this clause.
Clause 4 Act binds the Crown
The Bill, when passed, will bind the Crown in right of the State of Tasmania.
Clause 5 Inconsistency with other Acts
This clause provides that the provisions of this Bill, when passed, will override
the provisions of the Acts listed in this clause, to the extent that there is an
inconsistency between a provision of the Bill and a provision of those Acts.
PART 2 CONTINUING WOOD SUPPLY (PRODUCTION POLICY)
Clause 6 Continuing wood supply
This clause lowers the minimum aggregate quantity of eucalypt veneer logs
and eucalypt sawlogs that must be made available by Forestry Tasmania
from multiple use forest for the veneer and sawmilling industries (the minimum
aggregate quantity) from 300 000 cubic metres to 155 000 cubic metres, by
amending S.22AA of the Forestry Act 1920.
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The clause provides that, if the protection order is not made by the Minister, is
not accepted by Parliament or is revoked by operation of the Bill, the
minimum aggregate quantity will automatically revert to 300 000 cubic
metres on 30 June of the year in which the order is not made, not accepted
or is revoked.
The Forestry Act is further amended by this clause to allow for regulations to
be made that require Forestry Tasmania to make available other quantities of
other timber of another specification.
PART 3 WOOD SUPPLY (AMENDMENTS TO FORESTRY ACT 1920)
Clause 7 Amendments to Forestry Act 1920
This clause amends the Forestry Act to change the name of "multiple use
forest land" and "Register of Multiple Use Forest Land" to "permanent timber
production zone land" and "Register of Permanent Timber Production Zone
Land", respectively.
By virtue of the operation of clause 2, Part 3 cannot be proclaimed until after
such time as a proposed reserve order is accepted by Parliament under
clause 10(1)(e), clause 13 or clause 14 and its acceptance is notified by the
Minister in the Gazette.
PART 5 SPECIAL ADVISORY COMMITTEE
Clause 8 Special Advisory Committee
This clause provides the Minister with the power to establish a special advisory
committee (the committee) for the purposes of advising the Minister, the
Minister administering the Nature Conservation Act 2002 (the Nature
Conservation Minister) or the Minister administering the National Parks and
Reserves Management Act 2002 (the Reserves Management Minister) on any
matters relating to the administration of the Bill.
The role and membership of the committee is determined by an order made
by the Minister after consultation with the Nature Conservation Minister and
the National Parks and Reserves Management Minister.
The clause sets out requirements in relation to the operation of the
committee, including appointment of members, appointment of the
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chairperson, voting, quorums and the provision of assistance and allowances
to the committee and its members.
PART 6 MAKING OF PROPOSED RESERVES
Clause 9 Making of protection order
This clause establishes the process for the making of an order for the purposes
of setting aside land that can be proposed as reserves under this Bill (the
protection order).
"Land" is land that is owned by Forestry Tasmania (and may include State
forest, within the meaning of the Forestry Act), land owned by a Government
Business Enterprise or State-owned company, or Crown land, within the
meaning of the Crown Lands Act 1976.
The clause specifies the information that the protection order is to contain in
relation to each parcel of land, including: its area and boundaries; purpose
and values; activities that are to be prohibited on it (a prohibited activity);
the certified forest practices plans issued under the Forest Practices Act 1985
that are to be extinguished; the forestry rights and forestry covenants under
the Forestry Rights Registration Act 1990 relating to the land that are to be
suspended; and the date by which each parcel of land in the order may be
proposed as a reserve for the purposes of this Bill.
The protection order may also identify land that can be proposed as reserves
immediately upon acceptance of the order by both Houses of Parliament.
The clause requires that, where the Minister intends including such land in the
protection order, he or she must obtain advice from the Commonwealth
Minister administering the Carbon Credits (Carbon Farming Initiative) Act
2011 (Cth) as to whether or not proceeding to reserve the land under the Bill
will exclude the reserve, when made, from projects being considered for a
carbon farming project under that Act in the future.
A protection order must be made by the Minister by order published in the
Gazette. The order and the advice from the Commonwealth regarding
carbon must be tabled in both Houses of Parliament.
The order is of no effect until it has been accepted by both Houses of
Parliament.
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The clause requires that, within 10 days of the protection order being
accepted by both Houses of Parliament the Minister must publish a notice in
the Gazette advising of the acceptance.
Clause 10 Effect of protection order
This clause sets out the effect of a protection order being accepted by both
Houses of Parliament.
On acceptance of an order: the land in the order becomes known as
"protection order land"; a Regulator operating under any other Act may not
authorise, approve or permit a person to undertake a "prohibited activity" on
the land for the duration of the order; certified forest practices plans,
identified in the order, are extinguished; and forestry covenants and rights
identified are suspended for the duration of the order.
The owner or land manager of the land (the managing entity) continues be
responsible for land included in a protection order and may continue to
manage the land as it would have, had the protection order not been in
place, except that the managing entity cannot grant a right or interest over
that land for a period exceeding 12 months without the written permission of
the Nature Conservation Minister, and is prohibited from selling the land.
Where a protection order identifies land that can be proposed as reserves
immediately, that land may commence being processed as a reserve on
acceptance of the protection order.
Clause 11 No compensation payable
This clause provides that should any person incur a loss as a result of the
making of a protection order, no compensation is payable.
Clause 12 Non-acceptance of protection order
The protection order is revoked (and the land reservation process established
by the Bill ceases) if either House of Parliament does not accept the
protection order.
Clause 13 Making of proposed reserve order
This clause provides the process by which land set aside in the protection
order can be proposed as a reserve. This process does not apply to land that
the protection order identifies can be proposed as a reserve immediately.
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On or before the date specified in relation to each parcel of land in the
protection order, the Minister, by order published in the Gazette (a proposed
reserve order), may declare land in the protection order to be set aside as a
proposed reserve. The clause sets out the information that must be
contained in the proposed reserve order, including the values, boundaries
and purpose, as originally cited in the protection order.
If the Minister fails to make a proposed reserve order by the date specified,
the protection order is revoked and the process ends.
Before making a proposed reserve order, the Minister must prepare a
durability report and obtain advice from the Commonwealth Minister
administering the Carbon Credits (Carbon Farming Initiative) Act as to
whether or not proceeding to reserve the land will exclude the reserve, when
made, from projects being considered for a carbon farming project under
that Act in the future.
The Minister must table the proposed reserve order, the durability report and
the advice from the Commonwealth Minister in both Houses of Parliament
with the proposed reserve order. A proposed reserve order is of no effect
until it has been accepted by both Houses of Parliament.
The clause requires that, within 10 days of a proposed reserve order being
accepted by both Houses of Parliament, or rejected by either House of
Parliament, the Minister must publish a notice in the Gazette advising of that
fact.
Clause 14 Non-acceptance of proposed reserve order
This clause provides the process to be followed where a proposed reserve
order is rejected by either House of Parliament. It provides the Minister with
the power to table a proposed reserve order on one further occasion within
12 months, or such other period prescribed by regulation, from it being
rejected.
Before tabling a proposed reserve order for a second time, the Minister must
prepare a new durability report.
The proposed reserve order and the new durability report must be tabled in
both Houses of Parliament.
The proposed reserve order is of no effect until it has been accepted by both
Houses of Parliament. If either House of Parliament rejects the proposed
reserve order on a second occasion, the proposed reserve order and
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protection order are both revoked and the land reservation process
established by this Bill ends.
Clause 15 Nature Conservation Minister to be advised of proposed reserve order
Where land is accepted by each House of Parliament for processing as
reserves, either as part of a protection order (where land has been identified
as land that can be proposed as reserves immediately) or on the first or
second tabling of the proposed reserve order, this clause requires that the
Minister advise the Nature Conservation Minister of its acceptance.
PART 6 MAKING OF RESERVES
Clause 16 Making of reserves
This clause sets out the process by which the proposed reserves, identified in
the proposed reserve order, are made reserves under the Nature
Conservation Act.
On receiving advice from the Minister that both Houses of Parliament have
accepted land to be proposed reserves, the Nature Conservation Minister
must make a determination as to the final boundaries values and purpose of
the proposed reserves specified in the proposed reserve order.
The Nature Conservation Minister must then make a further determination as
to whether the final boundaries values and purpose are substantially the
same as the boundaries, values and purpose accepted by Parliament in the
proposed reserve order.
Where the Nature Conservation Minister determines that the boundaries
values and/or purpose are not substantially the same as those accepted by
Parliament, this clause requires that the Nature Conservation Minister table
the revised boundaries, values and/or purpose and the reason for the
change in both Houses of Parliament.
The changed boundaries values and/or purpose are of no effect unless they
have been accepted by both Houses of Parliament.
If both Houses of Parliament accept the changed boundaries values and/or
purpose then they become the final boundaries, values and/or purpose for
the proposed reserve. If either House of Parliament rejects the changed
boundaries values and/or purpose, then the land to which the boundaries,
values and/or purpose relate is no longer subject to the provisions of the Bill.
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Where the Nature Conservation Minister either: makes a determination that
the final boundaries, values and purpose are substantially the same as those
accepted by Parliament in the proposed reserve order; or Parliament has
accepted the changed boundaries, values and/or purpose, the Nature
Conservation Minister must make a recommendation to the Governor that
the Governor declare the proposed reserve to be a class of reserve under
the Nature Conservation Act.
On receipt of a recommendation from the Nature Conservation Minister, the
Governor may make a proclamation declaring the proposed reserve to be a
class of reserve under the Nature Conservation Act and give a name to that
reserve.
The clause requires that to be declared a class of reserve under the Nature
Conservation Act, the values, boundaries and purpose of the land must
satisfy the criteria set out in S.16 of that Act in relation to that class.
In making the proclamation, the Governor may also declare that the land is
being reserved for the additional purpose of carbon sequestration and
avoiding greenhouse emissions.
Clause 17 Effect of proclamation
This clause sets out the effect of the proclamation made by the Governor
under clause 16.
On the making of the proclamation: any contract for sale over the land
described in the proclamation, or forestry rights or covenants attached to it,
are extinguished; any part of the land included in the Register of Multiple Use
Forest Land is removed from the Register; any land dedicated as State forest
has that status revoked; all land becomes Crown land; the land is taken to
have been declared a reserve by the Governor under the Nature
Conservation Act; and clause 10 (Effect of protection order) ceases to apply.
Clause 18 Entitlement to compensation
This clause establishes an entitlement to, and process for assessing,
compensation in relation to the contracts for sale, and forestry rights and
covenants, that have been extinguished by virtue of the effect of clause 17
(Effect of proclamation).
Clause 19 Continuation of leases, licences, &c.
This clause provides that, apart from a lease or licence issued under the
Mineral Resources and Development Act 1995, any lease, licence, temporary
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licence, occupation permit or burdening easement in force in respect of
land declared to be reserved land pursuant to a proclamation made under
clause 16 (Making of reserves) remains in place, with the Reserves
Management Minister being substituted as the grantor.
The clause further provides the Reserves Management Minister with the
powers and functions of the grantor in relation to that lease, licence,
temporary licence, occupation permit or burdening easement.
A lease or licence issued under the Mineral Resources and Development Act
and that remains in place, will continue to be administered under that Act.
Clause 20 Vesting of land held under the Land Titles Act 1980
This clause establishes a process for updating the Register, referred to in S.33
of the Land Titles Act 1980, in relation to land that has become vested in the
Crown by virtue of the operation of clause 17 (Effect of proclamation).
Clause 20 State tax not payable
This clause provides that State taxes and duties are not payable as a result of
anything arising from, or done, as a result of this Bill.
PART 6 AMENDMENTS TO NATURE CONSERVATION ACT 2002
Clause 22 Amendments to Nature Conservation Act 2002
This clause amends the Nature Conservation Act to provide the Governor
with the ability to declare that land reserved under that Act is being reserved
for the additional purpose of carbon sequestration and avoiding greenhouse
emissions.
PART 7 - MISCELLANEOUS
Clause 23 Right to request information
This clause provides the Minister, the Nature Conservation Minister and the
Reserves Management Minister with the power to request that a Stated-
owned company or Government Business Enterprise provide any information
necessary for those Ministers to perform their functions or exercise their
powers under the Bill.
The clause provides certain protections to a State-owned company or
Government Business Enterprise that complies with such a request.
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Clause 24 - Regulations
This clause provides the Governor with the power to make regulations for the
purposes of the Bill.
The clause provides specific regulation making powers in relation to the
preparation of a durability report under clauses 13 (Making of proposed
reserve order) and 14 (Non acceptance of proposed reserve order) of this Bill.
Clause 25 Savings and transitional provisions
This clause gives effect to the savings and transitional provisions in Schedule 1
of the Bill.
Clause 26 Administration of Act
This clause assigns the administration of the Bill to the Minister for Energy and
Resources and nominates the Department of Infrastructure, Energy and
Resources as the responsible agency, until such time as provision is made by
an order under the Administrative Arrangements Act 1990.
Clause 27 Consequential amendments
This clause specifies that the legislation specified in Schedule 2 of this Bill is
amended as set out in that Schedule. This section commences at the same
time at Part 3 of the Bill (WOOD SUPPLY (AMENDMENTS TO THE FORESTRY
ACT 1920).
SCHEDULE 1 SAVINGS AND TRANSITIONAL PROVISIONS
Schedule 1 provides for the transfer of assets, contracts and liabilities in
connection with land proclaimed to be a reserve by virtue of clause 16
(Making of reserves) from a Government Business Enterprise or State-owned
company to the Crown and from the Crown to a Government Business
Enterprise or State-owned company.
SCHEDULE 2 CONSEQUENTIAL AMENDMENTS
Schedule 2 specifies the consequential amendments to other Acts as a result
of this Bill.
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