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This Act may be cited as the Regional Forest Agreements Act 2002.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 5 April 2002 |
2. Sections 3 to 12 | A single day to be fixed by Proclamation, subject to subsection (3) | 3 May 2002 (see Gazette 2002, No. S133) |
3. Schedule 1 | At the same time as the provisions covered by item 2 of this table | 3 May 2002 |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The main objects of this Act are as follows:
to give effect to certain obligations of the Commonwealth under Regional Forest Agreements;
to give effect to certain aspects of the National Forest Policy Statement;
to provide for the existence of the Forest and Wood Products Council.
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 and wood products industry means:
the forest products industry; and
the wood products industry.
National Forest Policy Statement means the National Forest Policy Statement signed on behalf of the Commonwealth and each of the States (other than Tasmania) in December 1992, and on behalf of Tasmania in April 1995.
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:
the agreement was entered into having regard to assessments of the following matters that are relevant to the region or regions:
environmental values, including old growth, wilderness, endangered species, national estate values and world heritage values;
indigenous heritage values;
economic values of forested areas and forest industries;
social values (including community needs);
principles of ecologically sustainable management;
the agreement provides for a comprehensive, adequate and representative reserve system;
the agreement provides for the ecologically sustainable management and use of forested areas in the region or regions;
the agreement is expressed to be for the purpose of providing long‑term stability of forests and forest industries;
the agreement is expressed to be a Regional Forest Agreement.
RFA forestry operations means:
forestry operations (as defined by an RFA as in force on 1 September 2001 between the Commonwealth and New South Wales) that are conducted in relation to land in a region covered by the RFA (being land where those operations are not prohibited by the RFA); or
forestry operations (as defined by an RFA as in force on 1 September 2001 between the Commonwealth and Victoria) that are conducted in relation to land in a region covered by the RFA (being land where those operations are not prohibited by the RFA); or
harvesting and regeneration operations (as defined by an RFA as in force on 1 September 2001 between the Commonwealth and Western Australia) that are conducted in relation to land in a region covered by the RFA (being land where those operations are not prohibited by the RFA); or
forestry operations (as defined by an RFA as in force on 1 September 2001 between the Commonwealth and Tasmania) that are conducted in relation to land in a region covered by the RFA (being land where those operations are not prohibited by the RFA).
For the purposes of paragraph (b), the East Gippsland RFA (as in force on 1 September 2001) is taken to include a definition of forestry operations that is identical to the definition of forestry operations in the Central Highlands RFA (as in force on 1 September 2001).
RFA wood has the meaning given by section 4A.
State includes the Australian Capital Territory and the Northern Territory.
RFA wood means processed or unprocessed wood (including woodchips) sourced from an RFA forestry operation undertaken by a person if the undertaking of the RFA forestry operation is not prohibited by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 because:
an approval of the undertaking of the RFA forestry operation by the person is in operation under Part 9 of that Act for the purposes of the provision; or
Part 4 of that Act lets the person undertake the RFA forestry operation without an approval under Part 9 for the purposes of the provision; or
both:
there is in force a decision of the Minister under Division 2 of Part 7 of that Act that the action is not a controlled action; and
if the decision was made because the Minister believed that the action would be taken in a manner specified in the notice of the decision given under section 77 of that Act—the action is taken in this manner.
However, RFA wood does not include wood sourced from a plantation in a State unless:
a code of practice for that State has been approved under rules made under section 432 of the Export Control Act 2020; and
that approval has not been revoked under those rules.
This Act binds the Crown in right of the Commonwealth.
RFA wood is not prescribed goods for the purposes of the Export Control Act 2020.
The Export Control Act 2020 regulates the export of “prescribed goods”.
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 2020) that prohibits or restricts exports, or has the effect of prohibiting or restricting exports.
Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to an RFA forestry operation that:
is undertaken in accordance with an RFA; and
is completed prior to the sunset day (within the meaning of section 38(2) of the Environment Protection and Biodiversity Conservation Act 1999).
This subsection does not apply to some RFA forestry operations. See section 42 of the Environment Protection and Biodiversity Conservation Act 1999.
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:
at the time of commencement of this section; or
at the time the RFA comes into force;
whichever is later.
The Commonwealth is liable to pay any compensation that:
is in relation to reasonable loss or damage arising from the curtailment of legally exercisable rights; and
is calculated as at the time of the curtailment; and
the Commonwealth is required to pay to a State in accordance with the compensation provisions of an RFA, being those provisions as in force:
at the time of commencement of this section; or
at the time the RFA comes into force;
whichever is later.
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.
Compensation that the Commonwealth is liable to pay under this section:
may be recovered as a debt in a court of competent jurisdiction; and
is payable out of money appropriated by the Parliament.
As soon as practicable after an RFA is entered into, the Minister must publish a notice in the Gazette:
stating that the RFA has been entered into; and
giving details of the region and the date when the RFA comes into force or came into force.
As soon as practicable after an RFA ceases to be in force, the Minister must publish a notice in the Gazette:
stating that the RFA has ceased to be in force; and
giving details of the region and the date when the RFA ceased to be in force.
RFAs
The Minister must cause a copy of an RFA to be tabled in each House of the Parliament within 15 sitting days of that House after:
the commencement of this section; or
the RFA is entered into;
whichever is later.
Subsection (1) does not require an RFA to be tabled in a House of the Parliament if the RFA was tabled in that House before the commencement of this section.
Amendments of RFAs
The Minister must cause a copy of an amendment of an RFA to be tabled in each House of the Parliament within 15 sitting days of that House after:
the commencement of this section; or
the amendment is made;
whichever is later.
RFA annual reports
The Minister must cause a copy of an RFA annual report to be tabled in each House of the Parliament within 15 sitting days of that House after:
the commencement of this section; or
the report is provided to the Minister;
whichever is later.
Subsection (4) does not require an RFA annual report to be tabled in a House of the Parliament if the report was tabled in that House before the commencement of this section.
RFA review reports
The Minister must cause a copy of an RFA review report to be tabled in each House of the Parliament within 15 sitting days of that House after:
the commencement of this section; or
the report is provided to the Minister;
whichever is later.
Definitions
In this section:
RFA annual report means an annual report about the achievement of milestones under an RFA during one of the first 5 years of operation of the RFA.
RFA review report means a report of the 5 yearly review of the performance of an RFA.
The Minister must cause to be established a comprehensive and publicly available source of information:
for national and regional monitoring and reporting in relation to all of Australia’s forests; and
to support decision‑making in relation to all of Australia’s forests.
To avoid doubt, subsection (1) does not, by implication, limit the sources of information that may be used for a purpose mentioned in paragraph (1)(a) or (b).