Statutory Rules 1997
No. 77 1
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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:
NOTE
1. Notified in the Commonwealth
of Australia Gazette