Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to repeal the Regional Forest Agreements Act 2002, and for related purposes
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Registered 08 Sep 2017
Introduced Senate 07 Sep 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Regional Forest Agreements Legislation (Repeal) Bill 2017

 

No.      , 2017

 

(Senator Rice)

 

 

 

A Bill for an Act to repeal the Regional Forest Agreements Act 2002, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Repeal of the Regional Forest Agreements Act 2002         3

Regional Forest Agreements Act 2002                                                                    3

Schedule 2—Consequential amendments                                                                5

Environment Protection and Biodiversity Conservation Act 1999                   5

 


A Bill for an Act to repeal the Regional Forest Agreements Act 2002, and for related purposes

The Parliament of Australia enacts:

 

1  Short title

                   This Act is the Regional Forest Agreements Legislation (Repeal) Act 2017.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedules 1 and 2

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Repeal of the Regional Forest Agreements Act 2002

  

 

Regional Forest Agreements Act 2002

1  The whole of the Act

Repeal the Act.

2  Application—repeal of Act

(1)       Despite the repeal of the Regional Forest Agreements Act 2002, sections 6, 7 and 8 of that Act, and any other provisions of that Act necessary for the effective operation of those sections, continue to apply in relation to forestry operations conducted in relation to land in a region covered by a regional forest agreement.

(2)       This item ceases to apply in relation to forestry operations conducted in relation to land in a region covered by a particular regional forest agreement on the earlier of:

                     (a)  the last day of the initial period of that agreement; and

                     (b)  the day on which that agreement is terminated.

3  Effect of repeal

(1)       To avoid doubt, on the commencement of this Schedule and subject to item 2:

                     (a)  an export control law will apply to RFA wood whether or not that law expressly refers to RFA wood; and

                     (b)  Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 will apply to a forestry operation whether or not that operation is undertaken in accordance with a regional forestry agreement; and

                     (c)  no compensation is payable by the Commonwealth under section 8 of the old Act; and

                     (d)  the Minister is required to comply with subsection 9(2) of the old Act (which deals with publishing a notice that a regional forestry agreement has ceased to be in force).

(2)       In this item:

old Act means the Regional Forest Agreements Act 2002.

Schedule 2Consequential amendments

  

 

Environment Protection and Biodiversity Conservation Act 1999

1  Section 11

Omit “it is taken in accordance with Regional Forest Agreements or”.

2  Division 4 of Part 4 of Chapter 2

Repeal the Division.

3  Subsection 75(2B)

Repeal the subsection.

4  Application of amendments

(1)       This item applies to a forestry operation mentioned in subitem 2(1) of Schedule 1.

(2)       The Environment Protection and Biodiversity Conservation Act 1999, as amended by this Schedule, does not apply in relation to the forestry operation.

(3)       Despite the repeal of Division 4 of Part 4 of Chapter 2 of the Environment Protection and Biodiversity Conservation Act 1999 made by this Schedule, that Division, and any other provisions of that Act necessary for the effective operation of that Division, continue to apply in relation to the forestry operation, as if the repeal had not happened.

(4)       This item ceases to apply in relation to a particular forestry operation on the day on which subitem 2(1) of Schedule 1 ceases to apply in relation to that operation.