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Softwood Forestry Agreements Act 1976

Authoritative Version
Act No. 155 of 1976 as made
An Act relating to Agreements between the Commonwealth and the States in connexion with Softwood Foresty.
Administered by: Agriculture, Fisheries and Forestry
Date of Assent 09 Dec 1976
Date of repeal 03 Jul 2008
Repealed by Statute Law Revision Act 2008

SOFTWOOD FORESTRY AGREEMENTS ACT 1976

No. 155 of 1976

An Act relating to Agreements between the Commonwealth and the States in connexion with Softwood Forestry.

WHEREAS the Softwood Forestry Agreements Act 1972 authorized the execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and a State to provide financial assistance to the State in respect of the planting of softwoods during the 5 years commencing 1 July 1971, being an agreement substantially in accordance with the form set out in the Schedule to that Act:

AND WHEREAS on 29 November 1972 the Commonwealth executed agreements with each of the States in accordance with that form:

AND WHEREAS it is desirable to authorize the execution, by or on behalf of the Commonwealth, of further agreements between the Commonwealth and each of the States varying those agreements to provide for financial assistance in respect of the planting of softwoods during the year commencing 1 July 1976:

BE IT THEREFORE ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title.

1. This Act may be cited as the Softwood Forestry Agreements Act 1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Execution of agreements authorized.

3. The execution, by or on behalf of the Commonwealth, of an agreement between the Commonwealth and a State substantially in accordance with the form contained in the Schedule is authorized.

Appropriation for financial assistance.

4. (1) The payments by the Commonwealth to a State provided for in a revised agreement, including advances by the Treasurer, may be made to the State by way of financial assistance on the terms and conditions contained in the revised agreement.

(2) The payments referred to in sub-section (1) shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

(3) In this section, “revised agreement” means an agreement executed by the Commonwealth in pursuance of the Softwood Forestry Agreements Act 1972 as amended by an agreement executed in pursuance of this Act.

SCHEDULE                                                       Section 3

AN AGREEMENT made the                                    day of                                         One thousand

nine hundred and seventy-                                between THE COMMONWEALTH OF AUSTRALIA

(in this agreement called “the Commonwealth”) of the one part and THE STATE OF

(in this agreement called “the State”) of the other part.

WHEREAS

(a) the Australian Forestry Council constituted by the Ministers of the Commonwealth and of the States concerned with forestry has maintained since the 1st day of July 1966 a policy of increasing the rate of softwood planting in Australia above the level which the States had been planting prior to that date;


 

(b) by an agreement authorized by the Softwood Forestry Agreements Act 1967 of the Commonwealth and made between the Commonwealth and the State the

                             day of                           1967 (in this agreement referred to as “the principal agreement”) the Commonwealth agreed to provide financial assistance to the State to assist the State to meet the cost of planting softwoods in accordance with the programme set out in the schedule to the principal agreement in respect of the State for the period of five years commencing on the 1st day of July 1966;

(c) by an agreement authorized by the Softwood Forestry Agreement Act 1972 of the Commonwealth and made between the Commonwealth and the State the

                             day of                           1972 (in this agreement referred to as “the second agreement”) the Commonwealth agreed to provide financial assistance to the State to assist the State to meet the cost of planting softwoods in accordance with the programme set out in the schedule to the second agreement in respect of the State for the further period of five years commencing on the 1st day of July 1971;

(d) the Commonwealth and the States have agreed to implement the further programme referred to in this agreement showing the proposed annual planting that, subject to funds being available, might be made by each State during the year commencing on the 1st day of July 1976 (in this agreement referred to as “the additional year”);

(e) the State is desirous of undertaking the proposed annual planting specified in respect of the State in the additional year;

(f) the Parliament of the Commonwealth has authorized by the Softwood Forestry Agreements Act 1976 the execution on behalf of the Commonwealth of an agreement with a State in the form of this agreement and the grant of financial assistance under section 96 of the Commonwealth of Australia Constitution on the terms and conditions contained in the agreement so made.

NOW IT IS HEREBY AGREED as follows:

1. This agreement shall be deemed to have come into force on the 1st day of July 1976.

2. The second agreement is amended as follows:

(a) by deleting the expression “the second five year programme” wherever it appears and inserting in lieu thereof the expression “the second programme”;

(b) by amending the reference to “the Schedule to this agreement” to read “the First Schedule”;

(c) by deleting from sub-clause 2 (2.) “sub-clause (3.)” and inserting in lieu thereof “sub-clauses (3.) and (4.)”;

(d) by adding to clause 2 the following sub-clause

“(4.) Notwithstanding anything hereinbefore contained in this clause and anything contained in clause 3 of this agreement, the amount to be provided by the Commonwealth to the State in respect of the financial year commencing on the 1st day of July 1976 shall not exceed the amount set out in the second column of the Second Schedule to this agreement opposite the reference to the State in the first column of that Schedule”.


 

(e) the Schedule is deleted and the following two schedules are inserted in lieu thereof

FIRST SCHEDULE

THE SECOND PROGRAMME                                         Clause 1

State

Base Year Planting (hectares net)

Proposed Annual Planting (hectares net) year ending 30 June

1972

1973

1974

1975

1976

1977

New South Wales................

3,553

7,491

7,491

7,491

7,491

7,491

5,522

Victoria................................

2,635

4,686

4,686

4,686

4,686

4,686

3,660

Queensland..........................

2,282

3,926

3,926

3,926

3,926

3,926

3,104

South Australia....................

1,376

1,821

1,821

1,821

1,821

1,821

1,599

Western Australia................

1,315

2,343

2,343

2,343

2,343

2,343

1,829

Tasmania..............................

850

1,862

1,862

1,862

1,862

1,862

1,356

Totals.........................

12,011

22,129

22,129

22,129

22,129

22,129

17,070

SECOND SCHEDULE

MAXIMUM FINANCIAL ASSISTANCE 1976-77           Sub-clause 2(4)

State

$

New South Wales...........................

2,053,000

Victoria...........................................

936,000

Queensland.....................................

1,469,000

South Australia...............................

100,000

Western Australia...........................

689,000

Tasmania.........................................

753,000

 

6,000,000

3. The second agreement as varied by this agreement is confirmed to the intent that, as so varied, it shall apply to and in respect of the additional year.