Statutory Rules 1997 No. 771
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Export Control (Regional Forest Agreements) Regulations
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Export Control Act 1982.
Dated 7 April 1997.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
JOHN ANDERSON
Minister for Primary Industries and Energy
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Citation
1. These Regulations may be cited as the Export Control (Regional Forest Agreements) Regulations.
[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]
Application of Export Control (Hardwood Wood Chips) (1996) Regulations and Export Control (Unprocessed Wood) Regulations
2. (1) While a Regional Forest Agreement (within the meaning of the Export Control (Hardwood Wood Chips) (1996) Regulations—the “Wood Chips Regulations”) is in force for a region (within the meaning of those Regulations), hardwood wood chips (within the meaning of those Regulations) derived from the region are not prescribed goods for those Regulations, and wood and wood chips derived from the region (other than those derived from a plantation within the meaning of the Export Control (Unprocessed Wood) Regulations) are not prescribed goods for those last Regulations.
(2) For subregulation (1), to avoid doubt it is declared, for that subregulation, that while a Regional Forest Agreement is in force for a region, an RFA licence (within the meaning of the Wood Chips Regulations) to export hardwood wood chips derived from the region is of no effect.
Maximum aggregate mass for year not to be increased
3. To avoid doubt, it is declared that if, when a Regional Forest Agreement comes into force, licences (whether transitional licences or RFA licences, within the meaning of the Wood Chips Regulations) have already been granted under those Regulations for the year, and the licences together authorise the export of the maximum aggregate mass for a year (worked out as set out in subregulation 10 (2) of those Regulations), nothing in those Regulations (or these Regulations) permits the Minister to grant any more licences for the year.
Authorised export mass not to be re-allocated
4. To avoid doubt, it is declared that nothing in the Wood Chips Regulations (or these Regulations) permits the Minister, after a Regional Forest Agreement comes into force for a region, to grant a licence under the Wood Chips Regulations to authorise the export of wood chips derived from another region unless the Minister would have been authorised to grant the licence apart from the entering into force of the agreement and the making of these Regulations.
Transitional licence relating partly to RFA region
5. To avoid doubt, it is declared that, if a transitional licence under the Wood Chips Regulations authorises the export of wood chips taken from a region for which a Regional Forest Agreement is in force and from another region for which no such agreement is in force, nothing in the Wood Chips Regulations (or these Regulations) authorises the holder of the licence to increase the mass of controlled wood chips (within the meaning of the Wood Chips Regulations) taken from the other region under the licence.
Minister to publish notice in the Gazette
6. (1) As soon as practicable after a Regional Forest Agreement is entered into, the Minister must publish in the Gazette a notice:
(a) stating that the agreement has been entered into; and
(b) giving details of the region and the date when the Agreement comes, or came, into force.
(2) As soon as practicable after a Regional Forest Agreement ceases to be in force, the Minister must publish in the Gazette a notice:
(a) stating that the agreement has ceased to be in force; and
(b) giving details of the region and the date when the Agreement ceased to be in force.
NOTE
1. Notified in the Commonwealth of Australia Gazette on 14 April 1997.