Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedules............................................................................................ 2
Schedule 1—Repeal of the Regional Forest Agreements Act 2002 3
Part 1—Repeal of the Regional Forest Agreements Act 2002 3
Regional Forest Agreements Act 2002 3
Part 2—Consequential amendments 5
Environment Protection and Biodiversity Conservation Act 1999 5
Schedule 2—Annual statements on the impact of native forest logging 6
Environment Protection and Biodiversity Conservation Act 1999 6
A Bill for an Act to repeal the Regional Forest Agreements Act 2002 and to amend the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Ending Native Forest Logging Act 2023.
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. The whole of this Act | 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Repeal of the Regional Forest Agreements Act 2002
Part 1—Repeal 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
Despite the repeal of the Regional Forest Agreements Act 2002, the Minister is required to comply with subsection 9(2) of that Act (which deals with publishing a notice that a Regional Forest Agreement has ceased to be in force).
3 Effect of repeal
(1) To avoid doubt, on the commencement of this Part:
(a) a Regional Forest Agreement that is in force between the Commonwealth and a State under the old Act is terminated; and
(b) an export control law will apply to RFA wood whether or not that law expressly refers to RFA wood; and
(c) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 will apply to a forestry operation.
(2) In this item:
old Act means the Regional Forest Agreements Act 2002.
4 Compensation for acquisition of property
(1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.
Part 2—Consequential amendments
Environment Protection and Biodiversity Conservation Act 1999
5 Section 11
Omit “it is taken in accordance with Regional Forest Agreements or”.
6 Division 4 of Part 4 of Chapter 2
Repeal the Division.
7 Subsection 75(2B)
Repeal the subsection.
Schedule 2—Annual statements on the impact of native forest logging
Environment Protection and Biodiversity Conservation Act 1999
1 At the end of Part 21 of Chapter 6
Add:
Division 3—Annual statements on the impact of native forest logging
516C Annual statement by the Minister
(1) Within 3 months after the end of each financial year, the Minister must prepare an annual statement on the impact of native forest logging on the progress made during the year towards achieving Australia’s conservation target.
(2) For the purposes of subsection (1), Australia’s conservation target is to effectively conserve at least 30% of land in Australia by 2030.
(3) The Minister must cause a copy of the statement to be tabled in each House of the Parliament within 15 sitting days of that House after the statement is prepared.
(4) Subsection (2) is to be interpreted in a manner consistent with Target 3 of the Kunming‑Montreal Global Biodiversity Framework adopted at the 15th Conference of Parties to the UN Convention on Biological Diversity.
Note: In 2023, the Kunming‑Montreal Global Biodiversity Framework could be viewed at the website of the Convention on Biological Diversity (https://www.cbd.int).
516D Annual statement by the Threatened Species Commissioner
(1) Within 3 months after the end of each financial year, the Threatened Species Commissioner must prepare and give to the Minister an annual statement on the impact of native forest logging on the progress made during the year towards achieving Australia’s zero extinction target.
(2) For the purposes of subsection (1), Australia’s zero extinction target is to halt human induced extinction of threatened species in Australia by 2030.
(3) The Minister must cause a copy of the statement to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.
(4) Subsection (2) is to be interpreted in a manner consistent with Target 4 of the Kunming‑Montreal Global Biodiversity Framework adopted at the 15th Conference of Parties to the UN Convention on Biological Diversity.
Note: In 2023, the Kunming‑Montreal Global Biodiversity Framework could be viewed at the website of the Convention on Biological Diversity (https://www.cbd.int).
516E Definitions
In this Division:
native forest means an area of land that:
(a) is dominated by trees which are native species, including trees which have been established with human assistance following any of the following events:
(i) flood;
(ii) bushfire;
(iii) drought;
(iv) pest attack;
(v) disease; and
(b) is not a plantation; and
(c) is not an area of land that was previously dominated by trees which are native species that has been regenerated with trees which are non‑native species.
2 Section 528
Insert:
native forest has the meaning given by section 516E.
3 Application of amendments
The amendments of the Environment Protection and Biodiversity Conservation Act 1999 made by this Schedule apply from the first 30 June that occurs on or after the day this Act commences.