Export Control (Hardwood Wood Chips) Regulations (Cth)
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS
(#DATE 08:03:1996)
(#DATE 08:03:1996)
- In force under the Export Control Act 1982
*1* The Export Control (Hardwood Wood Chips) Regulations (in force under the Export Control Act 1982) as shown in this reprint comprise Statutory Rules 1995 No. 386 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application, saving or
number notification in commencement transitional provisions
Gazette
1995 No. 386 29 Nov 1995 29 Nov 1995
388 30 Nov 1995 30 Nov 1995 -
1996 No. 22 31 Jan 1996 31 Jan 1996 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 21 am. 1996 No. 22
R. 21A ad. 1996 No. 22
Schedule am. 1995 No. 388; 1996 No. 22
#ADD 26:3:1996
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
PART 1 - PRELIMINARY
1. Citation
2. Purpose of these Regulations
3. Interpretation
4. Declaration of prescribed goods
5. Minister not to give preference, etc.
6. Export of controlled wood chips prohibited
PART 2 - RFA LICENCES
7. Application for RFA licence
8. Grant or refusal of licence
9. Controlled wood chips to be derived only from specified region
10. Other conditions or restrictions specified in licence
PART 3 - FIRST-STAGE AND SECOND-STAGE LICENCES
11. National ceiling
12. Application for first-stage licence
13. Consideration of application for first-stage licence
14. Grant or refusal of licence
15. Conditions or restrictions specified in first-stage licence
16. Second-stage licence
17. Minister's decision on whether a State has taken all
reasonable steps, etc.
18. Conditions of second-stage licence
PART 4 - DEALINGS WITH LICENCES
19. Interpretation
20. Surrender of licence
21. Surrender and exchange of licences
21A. Surrender of licence in exchange for more than 1 licence
22. Assignment of licence
23. Suspension of licence
24. Revocation of licence
PART 5 - RECONSIDERATION AND REVIEW OF CERTAIN DECISIONS
25. Interpretation
26. Statements to accompany notification of certain decisions
27. Reconsideration of certain decisions
28. Review of certain decisions
PART 6 - MISCELLANEOUS
29. Interpretation
30. Records to be kept
31. Delegation
SCHEDULE
Regions
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - PART 1
PART 1 - PRELIMINARY
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Export Control (Hardwood Wood Chips) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 2
Purpose of these Regulations
2. The purpose of these Regulations is to provide for the granting of licences to export hardwood wood chips in a manner that:
(a) ensures that, by the year 2000, hardwood wood chips that are derived from native hardwood forests are permitted to be exported only if they are derived from a region to which a Regional Forest Agreement applies; and
(b) ensures that the volume of exports of hardwood wood chips derived from regions to which a Regional Forest Agreements does not apply is subject to a national ceiling; and
(c) ensures that, pending completion of a Regional Forest Agreement in respect of any region, harvesting of native hardwood that results in wood chips is carried out in a manner that:
(i) protects areas that are, or may be, needed to establish a
comprehensive, adequate and representative national forest reserve system; and
(ii) minimises adverse effects on the environment of obtaining the
wood chips; and
(d) encourages investment in value-added production in forest industries and other related industries; and
(e) takes account of possible economic and social impacts, and the effects on the operations of an applicant, of a decision to grant or refuse a licence.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 3
Interpretation
3. In these Regulations:
"Act" means the Export Control Act 1982;
"comprehensive, adequate and representative national forest reserve system" has the same meaning as in the National Forest Policy Statement published by the Commonwealth on behalf of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory in 1992;
"controlled wood chips" means hardwood wood chips declared by regulation 4 to be prescribed goods;
"first-stage licence" means a licence granted under regulation 14;
"hardwood wood chips" means wood chips derived from trees of native Australian species that are botanically hardwoods;
"holder", in relation to a licence, includes any person to whom the licence is assigned;
"region" means a region, so described, in the Schedule;
(NOTE: The regions represent areas, identified in the forest management plans of States comprising local indigenous vegetative communities the dominant species of which are trees (having usually a single stem and a mature or potentially mature stand height exceeding 5 metres, and with existing or potential projective cover of overstorey strata about equal to, or greater than, 30 per cent), whether or not the communities have been regenerated with human assistance following disturbance.)
"Regional Forest Agreement" means an agreement between the Commonwealth and a State, in respect of a region or regions, that:
(a) is expressed to be for the purpose of providing long-term stability of forests and forest industries; and
(b) is expressed to be a Regional Forest Agreement for the purposes of these Regulations; and
(c) identifies areas in the region or regions that the parties believe are required for the purposes of a comprehensive, adequate and representative national reserve system, and provides for the conservation of those areas; and
(d) provides for the ecologically sustainable management and use of the remaining forested areas in the region or regions;
having regard to studies and projects carried out in relation to all of the following matters that are relevant to the region or regions:
(e) environmental values, including old growth, wilderness, endangered species, national estate values and world heritage values;
(f) indigenous heritage values;
(g) economic values of forested areas and forest industries;
(h) social values (including community needs); and
(i) principles of ecologically sustainable management;
"RFA licence" means a licence granted under Part 2;
"second-stage licence" means a licence granted under regulation 16.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 4
Declaration of prescribed goods
4. For the purposes of the definition of "prescribed goods" in section 3 of the Act, hardwood wood chips (except wood chips derived either from sandalwood, or from plantation-grown trees) are declared to be prescribed goods.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 5
Minister not to give preference, etc.
5. The Minister must not, in exercising any of his or her powers under these Regulations, give preference to one State or any part thereof over another State or any part thereof (within the meaning of section 99 of the Constitution).
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 6
Export of controlled wood chips prohibited
6. (1) The export of controlled wood chips is prohibited unless:
(a) if the wood chips are derived from a region in respect of which there is in force a Regional Forest Agreement:
(i) the person exporting the wood chips is the holder of an RFA
licence that relates to the region; and
(ii) the export is in accordance with the licence; or
(b) if the wood chips are derived from a region in respect of which no Regional Forest Agreement is in force:
(i) the person exporting the wood chips is the holder of a
first-stage licence, or both a first-stage licence and a second-stage licence, that relates or relate to the region; and
(ii) the export is in accordance with the licence or licences, as
the case may be; or
(c) the export:
(i) is of a trial shipment; and
(ii) is the only trial shipment by the exporter to the customer of
the shipment in the calendar year; or
(d) the export is of 2 tonnes or less green mass of controlled wood chips.
(2) In subregulation (1):
"trial shipment" means a shipment of controlled wood chips of 10,000 tonnes green mass or less to a single customer.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - PART 2
PART 2 - RFA LICENCES
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 7
Application for RFA licence
7. (1) A person may apply, in writing, for an RFA licence.
(2) If the Minister so requests, an applicant must give to the Minister, in writing, any information that the Minister reasonably requires in relation to the application.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 8
Grant or refusal of licence
8. (1) If an applicant for an RFA licence has complied with any request made by the Minister under regulation 7 in relation to the application, the Minister must:
(a) grant the licence; or
(b) by notice in writing given to the applicant, refuse to grant the licence.
(2) The Minister must not grant an RFA licence unless he or she is satisfied that doing so would be consistent with the relevant Regional Forest Agreement.
(3) Subject to subregulation (4), if the Minister refuses to grant the licence, the Minister must give to the applicant a statement setting out the reasons for the refusal together with the notice of the refusal.
(4) If the Minister certifies in writing that the inclusion of matter in a statement prepared in accordance with subregulation (3) would be contrary to the public interest because it would involve the disclosure of deliberations of the Cabinet or a Committee of the Cabinet, the Minister:
(a) is not required to include that matter in the statement; and
(b) if the statement would be false or misleading if it did not include that matter - is not required to give the statement to the applicant.
(5) If the Minister makes a certificate under subregulation (4), the Minister must notify the applicant in writing:
(a) if the matter was not included in the statement - that the matter was not so included and giving the reason for not including the matter; or
(b) if the statement was not given - that the statement was not given and giving the reason for not giving the statement.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 9
Controlled wood chips to be derived only from specified region
9. (1) An RFA licence applies only in relation to the region specified in the licence.
(2) The specified region must be a region in respect of which there is in force a Regional Forest Agreement.
(3) It is a condition of an RFA licence that the controlled wood chips to be exported under it must be derived only from the specified region.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 10
Other conditions or restrictions specified in licence
10. An RFA licence:
(a) may specify conditions or restrictions to be complied with by the licence holder; and
(b) in respect of any condition or restriction, may specify a time, before or after exportation, at or before which the licence holder must comply with the condition or restriction.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - PART 3
PART 3 - FIRST-STAGE AND SECOND-STAGE LICENCES
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 11
National ceiling
11. (1) There is established, by this regulation, a national ceiling for the export in each calendar year of controlled wood chips from regions to which a Regional Forest Agreement does not apply.
(2) The national ceiling, for a calendar year, is 5.251 million tonnes green mass, unless subregulation (3) applies.
(3) If at least 1 Regional Forest Agreement is in force at the beginning of a calendar year, the national ceiling for the year is:
(a) if application of the formula in subregulation (4) in that calendar year would produce a negative result - nil; or
(b) the green mass under that formula.
(4) The formula is:
(preceding year's national ceiling - total previous year's RFA
tonnage) tonnes;
where:
"preceding year's national ceiling" means the amount that was the national ceiling in the immediately preceding calendar year;
"total previous year's RFA tonnage" means the aggregate of the green masses of controlled hardwood wood chips, being wood chips:
(a) derived from regions in respect of which a Regional Forest Agreement is in force at the beginning of the calendar year; and
(b) authorised for export, under a licence other than a RFA licence in the case of each of those regions, during the last calendar year and immediately before the Regional Forest Agreement came into operation for that region.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 12
Application for first-stage licence
12. (1) A person may apply, in writing, for a first-stage licence in relation to a region.
(2) An application for a licence to export wood chips (except wood chips to which these Regulations do not apply) under regulation 7 of the Export Control (Unprocessed Wood) Regulations that has not been decided at the commencement of these Regulations is taken to be:
(a) if the application relates to an area that, under these Regulations, constitutes no more than 1 region - an application for a first-stage licence applying to that region; or
(b) if the application relates to an area that, under these Regulations, constitutes more than 1 region - an application for first-stage licences each of which applies to 1 of those regions.
(3) If the Minister so requests, an applicant must give the Minister, in writing, any information that the Minister reasonably requires in relation to the application.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 13
Consideration of application for first-stage licence
13. Before deciding whether to grant a first-stage licence, the Minister may consider:
(a) the need to protect areas that are or may be required to establish a comprehensive, adequate and representative national forest reserve system; and
(b) the effect on the environment of obtaining the wood chips; and
(c) the desirability of encouraging investment in value-added production in forest industries and related industries; and
(d) the existence or otherwise of a local market for the wood chips, and if no local market exists, the prospects for the development of a local market; and
(e) if the wood chips are yet to be obtained by the applicant, the source of supply of the wood chips; and
(f) the terms of any agreement that the applicant has entered into, or intends to enter into, in relation to the wood chips; and
(g) the possible economic and social effects of a decision to grant or refuse the application; and
(h) the possible effects on the operations of the applicant of a decision to grant or refuse the application; and
(i) the financial resources available to the applicant; and
(j) the ability and experience of the applicant in relation to the marketing and export of wood chips; and
(k) the commercial reputation of the applicant; and
(l) the applicant's record of adherence to export licence conditions; and
(m) any other relevant matter.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 14
Grant or refusal of licence
14. (1) If an applicant for a first-stage licence has complied with any request made by the Minister under regulation 12 in relation to the application, the Minister must:
(a) grant the licence; or
(b) by notice in writing given to the applicant, refuse to grant the licence.
(2) Subject to subregulation (3), if the Minister refuses to grant the licence, the Minister must give to the applicant a statement setting out the reasons for the refusal together with the notice of the refusal.
(3) If the Minister certifies in writing that the inclusion of matter in a statement prepared in accordance with subregulation (2) would be contrary to the public interest because it would involve the disclosure of deliberations of the Cabinet or a Committee of the Cabinet, the Minister:
(a) is not required to include that matter in the statement; and
(b) if the statement would be false or misleading if it did not include that matter, is not required to give the statement to the applicant.
(4) If the Minister makes a certificate under subregulation (3), the Minister must notify the applicant in writing:
(a) if the matter was not included in the statement - that the matter was not so included and giving the reason for not including the matter; or
(b) if the statement was not given - that the statement was not given and giving the reason for not giving the statement.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 15
Conditions or restrictions specified in first-stage licence
15. (1) The Minister must determine, in relation to each first-stage licence granted for a calendar year, a total allocation for that licence for the calendar year.
(2) The aggregate of total allocations in relation to licences granted for a calendar year may be less than, but must not exceed, the national ceiling (within the meaning of regulation 11) for that calendar year.
(3) A first-stage licence authorises the holder to export:
(a) if the licence has effect in the calendar year 1996 - 80% of the total allocation in relation to the licence; and
(b) if the licence has effect in the calendar year 1997 - 60% of the total allocation in relation to the licence; and
(c) if the licence has effect in the calendar year 1998 - 40% of the total allocation in relation to the licence; and
(d) if the licence has effect in the calendar year 1999 - 20% of the total allocation in relation to the licence.
(4) A first-stage licence:
(a) must specify the region, being the region in relation to which the application was made, from which the controlled wood chips to be exported under the licence may be derived; and
(b) must specify a day as the day on which the licence begins to have effect; and
(c) may specify conditions or restrictions to be complied with by the licence holder; and
(d) in respect of any condition or restriction, may specify a time, before or after exportation, at or before which the licence holder must comply with the condition or restriction.
(5) Not more than 1 region may be specified in a licence under paragraph (4) (a).
(6) A first-stage licence:
(a) has effect from the beginning of the day specified in the licence for that purpose; and
(b) ceases to have effect at the end of the next following 31 December.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 16
Second-stage licence
16. (1) In this regulation:
"relevant region", in relation to a first-stage licence, means the region to which the first-stage licence applies;
"relevant State", in relation to a region, means the State in which the region is located.
(2) The holder of a first-stage licence for a calendar year may apply, in writing, for a second-stage licence for that calendar year.
(3) If the Minister forms the opinion that the relevant State has taken all steps reasonable for the State to have taken before 30 June of that calendar year to achieve significant progress towards entering into a Regional Forest Agreement in relation to the relevant region, the Minister must immediately grant the second-stage licence to the applicant.
(4) Despite subregulation (3), the Minister must not grant a second-stage licence after 14 July in a calendar year.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 17
Minister's decision on whether a State has taken all reasonable steps, etc.
17. (1) In making a decision for the purposes of subregulation 16 (3), the Minister must take into account whether the State has given adequate protection to areas that the Minister believes may be required for a comprehensive, adequate and representative national forest reserve system.
(2) Before making the decision the Minister must consult the Minister or Ministers of the State having responsibility for:
(a) forest management; and
(b) protection of the environment.
(3) The Minister must make the decision personally.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 18
Conditions of second-stage licence
18. (1) A second-stage licence has effect from the time when it is granted until the time when the first-stage licence to which it is related ceases to have effect.
(2) A second-stage licence is subject to the condition that controlled wood chips that are to be exported under the licence must be derived only from the region specified in the first-stage licence as the region to which the first-stage licence applies.
(3) A second-stage licence authorises the holder to export the green mass of controlled hardwood wood chips that is the difference between:
(a) the total allocation for the licence under regulation 15; and
(b) the amount authorised for export under the related first-stage licence.
(4) Except as set out in this regulation, a second-stage licence is subject to the same conditions and restrictions as is the related first-stage licence.
(5) For the purposes of this regulation, a first-stage licence and a second-stage licence are related if the licences:
(a) are granted in relation to the same region; and
(b) relate to the same total allocation under regulation 15.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - PART 4
PART 4 - DEALINGS WITH LICENCES
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 19
Interpretation
19. In this Part:
"licence" means an RFA licence, a first-stage licence or a second-stage licence.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 20
Surrender of licence
20. (1) The holder of a licence may, by notice in writing to the Minister, surrender the licence.
(2) A licence that has been surrendered must be returned to the Minister as soon as practicable.
(3) If a person is the holder of both a first-stage licence and a second-stage licence, and gives notice of the surrender of only 1 of those licences, the other licence is taken to have been surrendered.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 21
Surrender and exchange of licences
21. (1) The holder of a licence (in this regulation called "the old licence") may, with the consent in writing of the Minister, surrender the licence in exchange for another licence (in this regulation called "the new licence") of the same type.
(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.
(3) The Minister must refuse to grant the new licence if, assuming that the old licence had never been granted, the Minister would not have granted a licence:
(a) of the same type as the new licence; and
(b) subject to the same conditions and restrictions as those the Minister considers would be appropriate to attach to the new licence;
to the holder at the time when the old licence was granted.
(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.
(4) If the Minister grants a new first-stage licence in exchange for an old first-stage licence, it is a condition of the new first-stage licence that the mass of controlled woodchips that may be exported under that licence is not greater than the old first-stage licence mass (being the mass authorised for export under subregulation 15 (3) in relation to that licence) less the mass exported under the old first-stage licence
(5) If the Minister grants a new second-stage licence in exchange for an old second-stage licence, it is a condition of the new second-stage licence that the mass of controlled woodchips that may be exported under that licence is not greater than the old second-stage licence mass (being the mass authorised for export under subregulation 18 (3) in relation to that licence) less the mass exported under the old second-stage licence.
(6) If the Minister refuses to grant a new licence in exchange for an old licence, he or she must give to the licence holder notice in writing of that decision.
(7) A holder of both a first-stage licence and a second-stage licence cannot surrender in exchange only 1 of those licences.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 21A
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.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 22
Assignment of licence
22. (1) A licence may, with the consent in writing of the Minister, be assigned but must not be assigned for reward.
(2) The Minister must refuse to allow the assignment if the Minister would not have granted a licence:
(a) of the same type as the licence; and
(b) subject to the same conditions and restrictions as the licence;
to the holder at the time when the licence was granted.
(3) An assignee of a licence is bound by the conditions and restrictions of that licence as if the assignee were the person to whom the licence was granted.
(4) If the Minister refuses to consent to the assignment of a licence, he or she must give the licence holder notice in writing of that decision.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 23
Suspension of licence
23. (1) If the Minister has reasonable grounds to believe that:
(a) the holder of a licence has not complied with a condition or restriction of the licence (including a condition or restriction imposed by these Regulations); and
(b) because of that non-compliance:
(i) damage, degradation or disruption of the environment has
occurred; or
(ii) there is an imminent threat that damage, degradation or
disruption will occur,
the Minister may suspend the licence, vary a condition or restriction, or impose additional conditions or restrictions upon the licence.
(2) If the Minister suspends a licence, varies a condition or restriction or imposes an additional condition or restriction on a licence, the Minister must notify the holder of the licence of the fact as soon as practicable.
(3) If the Minister acts under subregulation (1), the Minister must investigate the validity of the belief under which the action was taken.
(4) If the Minister finds that the belief may not be valid, the Minister must cancel the suspension or variation of conditions or restrictions, or withdraw the additional conditions or restrictions, as the case may be.
(5) Despite anything in this regulation, action taken by the Minister under subregulation (1) ceases to have effect at the end of the period of 28 days that begins on the day on which the action was taken.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 24
Revocation of licence
24. If the holder of a licence fails to comply with a condition or restriction of the licence, the Minister may revoke the licence, whether or not the holder of the licence is charged with an offence against section 9 of the Act in respect of the failure to comply with the condition or restriction.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - PART 5
PART 5 - RECONSIDERATION AND REVIEW OF CERTAIN DECISIONS
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 25
Interpretation
25. In this Division:
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975;
"relevant person" means:
(a) in relation to a decision under regulation 8, 14, 15, 21 or 22 - the person who was the applicant for the licence to which the decision relates;
(b) in relation to a decision under regulation 24 - the holder of the licence to which the decision relates;
"reviewable decision" means:
(a) a decision of the Minister under regulation 8, 14, 15, 21, 22 or 24; or
(b) a decision of the Minister or a delegate of the Minister under subparagraph 27 (2) (a) (ii) or subregulation 27 (5).
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 26
Statements to accompany notification of certain decisions
26. (1) If a decision is made under regulation 8, 14, 15, 21, 22 or 24 by a delegate of the Minister, the notice of the decision must include a statement to the effect that:
(a) if the relevant person is dissatisfied with the decision, the person may seek reconsideration of the decision in accordance with regulation 27; and
(b) if the person is dissatisfied with the decision made on the reconsideration, subject to the Administrative Appeals Tribunal Act 1975, the person may apply to the Administrative Appeals Tribunal for review of the last-mentioned decision.
(2) A failure to comply with the requirements of subregulation (1) in relation to a decision does not affect the validity of the decision.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 27
Reconsideration of certain decisions
27. (1) Subject to subregulation (2), a person who is the relevant person in relation to a decision made under regulation 8, 14, 15, 21, 22 or 24 by a delegate of the Minister may request the Minister to reconsider the decision.
(2) The request must:
(a) be made in writing to the Minister:
(i) before the end of 28 days after the person first becomes aware
of the decision; or
(ii) within a further period that the Minister allows; and
(b) set out the reasons for the request.
(3) The Minister may allow a further period under subparagraph (2) (a) (ii) whether or not the period of 28 days mentioned in paragraph (2) (a) (i) has expired.
(4) The Minister must reconsider the relevant decision before the end of 45 days after receipt of the request.
(5) The Minister may:
(a) confirm the decision;
(b) vary the decision; or
(c) set the decision aside and make a new decision in place of the decision.
(6) After the reconsideration, the Minister must give to the person notice in writing of the result of the reconsideration and the reasons for the result.
(7) A delegate of the Minister must not reconsider a relevant decision that the delegate made or participated in making.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 28
Review of certain decisions
28. (1) Subject to subregulation (2), application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.
(2) The operation of section 27 of the Administrative Appeals Tribunal Act 1975 is modified in relation to an application under subregulation (1) to the extent that an application may be made only:
(a) in the case of a decision by the Minister made under regulation 8, 14 or 15 - by or on behalf of the person who was the applicant for the licence to which the decision relates; or
(b) in the case of a decision by the Minister made under regulation 21 - the person who applied to surrender and exchange the licence to which the decision relates; or
(c) in the case of a decision by the Minister made under regulation 22 - the person to whom the licence to which the decision relates was to have been assigned; or
(d) in the case of a decision by the Minister made under regulation 24 - by or on behalf of the holder of the licence to which the decision relates; or
(e) in the case of a decision of the Minister or a delegate of the Minister made under subparagraph 27 (2) (a) (ii) or subregulation 27 (5) - by or on behalf of the person at whose request the Minister or delegate made that decision.
(NOTE: Paragraph 25 (6) (b) of the Administrative Appeals Tribunal Act 1975 provides that if an "enactment" makes provision for a review by the Tribunal, the enactment may modify the application of certain provisions of the Act (including section 27) in relation to that review.)
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - PART 6
PART 6 - MISCELLANEOUS
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 29
Interpretation
29. In this Part:
"licence" means an RFA licence, a first-stage licence or a second- stage licence.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 30
Records to be kept
30. The holder of a licence granted under these Regulations must keep such records as the Minister reasonably requires.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - REG 31
Delegation
31. Subject to these Regulations, the Minister may delegate, in writing, to an officer of the Department of Primary Industries and Energy any of the Minister's powers under these Regulations, other than this power of delegation.
EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS - SCHEDULE SCH
SCHEDULE Regulation 3
REGIONS
1. Tasmania Region - the whole of the State of Tasmania (except the
parts that are, as at the commencement of these Regulations, already
reserved from timber harvesting)
2. In Victoria - West Region, Central Highlands Region, North East
Region, Gippsland Region and East Gippsland Region, being the respective
areas of forest so called and delineated on Map 1 in the Draft Deferred
Forest Areas Report for Victoria, dated September 1995
3. In New South Wales:
(a) North Region, being the area of forest consisting of the Urbenville,
Tenterfield, Casino, Glen Innes, Murwillumbah, Grafton, Styx River,
Dorrigo, Coffs Harbour, Urunga, Kempsey, Wauchope, Walcha-Nundle,
Cessnock, Gloucester, Mt Royal, Chichester, Marsh, Kendall, Coopernook,
Wingham, Taree, Bulahdelah, Wyong and Wallaroo Management Areas;
(b) South Region, being the area of forest consisting of the Moss Vale,
Queanbeyan, Nowra, Bateman's Bay, Narooma, Badja, Eden and Monaro South
Management Areas;
delineated on Maps 1 to 12 in the Draft Deferred Forest Areas Report for
New South Wales issued in September 1995; 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.
4. South East Queensland Region - being the Biogeographic Region so
called as at the commencement of these Regulations by the Department of
Primary Industry of Queensland
5. In Western Australia - South West Region, being the area of forest
within the Swan, Central Forest and Southern Forest Administrative
Regions of the Department of Conservation and Land Management as at the
commencement of these Regulations
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