Statutory Rules 1996
No. 22 1
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Export Control (Hardwood Wood Chips) Regulations 2(Amendment)
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
29 January 1996.
BILL
HAYDEN
Governor-General
By His
Excellency’s Command,
D. BEDDALL
Minister
for Resources
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1. Amendment
1.1 The Export
Control (Hardwood Wood Chips) Regulations are amended as set out in these
Regulations.
[NOTE: These Regulations commence on gazettal: see Acts
Interpretation Act 1901, s. 48.]
2. Regulation 21 (Surrender and exchange of
licences)
2.1 Subregulation 21 (2):
Omit the subregulation, substitute:
“(2) If the Minister consents to the surrender and
exchange, the Minister must grant the new licence in exchange for the old
licence.
“(2A) The Minister may specify in the new licence
any condition or restriction that the Minister could have specified if he or
she were granting the new licence under Part 2 or 3, and, in particular, may
specify that the wood chips to which the new licence relates are to be derived
from a region different from that to which the old licence related.”.
2.2 Insert after subregulation 21 (3):
“(3A) Subregulation (3) does not prevent the
Minister from specifying, in the new licence, as the region from which
controlled wood chips to which the new licence relates may be derived, a region
that the Minister could not have specified for that purpose in the old
licence.”.
3. New regulation 21A
3.1 Insert after regulation 21:
Surrender of licence in exchange for more than 1 licence
“21A. (1) The
holder of a number of licences may, with the consent in writing of the
Minister, surrender it or them in exchange for a larger number of licences of
the same type.
“(2) If the Minister consents to the surrender and
exchange, the Minister must grant 1 or more new licences in exchange for each
of the old licences.
“(3) Subject to subregulation (4), regulation 21
(except subregulations 21 (1) and (2)) applies in relation to the grant of
the new licences as if references in that regulation to the new licence were
references to each of the new licences to be granted by the Minister under
subregulation (2).
“(4) If new licences of a particular type are
granted to a licence holder under subregulation (2), the mass of controlled
hardwood wood chips authorised to be exported by the licence holder under those
new licences must be equal to the remaining unexported mass (that is, the mass
of controlled hardwood wood chips authorised to be exported by the licence
holder under the old licence or licences of that type that were surrendered,
less the mass of controlled hardwood wood chips already exported by the licence
holder under the authority of those licences).
“(5) Nothing in this regulation or in regulation
21 requires the Minister to impose the same restrictions or conditions on all
of the new licences.”.
4. Schedule (Regions)
4.1 Item 3:
Add at the end:
“; and (c) Tumut Region, being the area of forest
consisting of:
- (i)
the area identified by State Forests of New
South Wales, at the commencement of this paragraph, as the Bago-Maragle
Management Area; and
- (ii)
part of the area identified by State Forests
of New South Wales, at the commencement of this paragraph, as the Tumut
Management Area, being the part of that area known as the Native Forests
Working Circle”.
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NOTES
1. Notified in the Commonwealth
of Australia Gazette on 31 January 1996.
2. Statutory Rules 1995
No. 386 as amended by 1995 No. 388.