Forest Products Amendment Act 2004 (WA)

Western Australia

Forest Products Amendment Act 2004

Western Australia

Forest Products Amendment Act 2004

No. 50 of 2004

An Act to amend the Forest Products Act 2000.

[Assented to 12 November 2004]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Forest Products Amendment
Act 2004.

Forest Products Amendment Act 2004

s. 2

2.             Commencement

This Act comes into operation on the day on which it receives the
Royal Assent.

3.             The Act amended

The amendments in this Act are to the Forest Products
Act 2000*.

[* Act No. 34 of 2000.

For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 151.]

4.             Section 10 amended

Section 10(1) is amended as follows:

(a)	after paragraph (s) by deleting “and”;
(b)	at the end of paragraph (t) by deleting the full stop and inserting a semicolon instead;
(c)	after paragraph (t) by inserting the following paragraphs —

“

(u) to provide services relating to the land, and to charge fees for the provision of those services;
establishment, maintenance,
management, harvesting and marketing
of tree plantings, and products from tree

(v) to provide equipment, facilities and performance of a function referred to in paragraph (u), and to charge for that provision; and

(w) to promote and market the Commission and its activities.

Forest Products Amendment Act 2004

s. 5

”.

5.             Section 55 amended

Section 55 is amended by inserting before the definition of
“production contract” the following definitions —

“

“plantation product” means a forest product from or

comprising a plantation tree and includes —

(a)	the whole tree; or
(b)	a part of the tree or a thing produced by the tree, whether or not the part of the tree or the thing produced by the tree is above or below the ground or has become separated from the tree before being harvested;

“plantation product contract” means a production

contract for the management, harvesting or sale of
plantation products, and no other forest products,
to which the Commission is a party but does not
include such a contract entered into or to be
entered into under a Government agreement within
the meaning of the Government Agreements

Act 1979;

“plantation tree” means a tree that —

(a)	is not indigenous to the State; and
(b)	is from a plantation maintained by the Commission on departmental land;

”.

6.             Section 58 amended

After section 58(2) the following subsection is inserted —

“

(3) This section does not apply to a plantation product
contract.

Forest Products Amendment Act 2004

s. 7

”.

7.             Section 58A inserted

After section 58 the following section is inserted —

“

58A.	Plantation product contracts
(1)	Before entering into a plantation product contract, or a renewal or extension of a plantation product contract, the Commission is to ensure that —

(a)	the quantities and kinds of plantation products; and
(b)	the location of the plantation products,

proposed to be managed, harvested or sold under the plantation product contract entered into, renewed or extended, as the case may be, are in accordance with the provisions of the management plan as if the

management plan were of effect for all of the term of
the plantation product contract, or the renewed or

extended term, as the case may be.

(2)	In subsection (1) —
“management plan” means —

(a)

in relation to a plantation product contract proposed to be entered into or renewed, the management plan —

(i)	relating to departmental land on which the plantation products are located; and
(ii)	of effect at the date on which the original plantation product contract is entered into;

and

Forest Products Amendment Act 2004

s. 7

(b)

in relation to a plantation product contract proposed to be extended, the management plan —

(i)	relating to departmental land on which the plantation products are located; and
(ii)	of effect at the date on which the plantation product contract is extended.

(3) Except with the concurrence of the CALM Act
Minister, the Commission cannot —

(a)	enter into a plantation product contract for a term exceeding 10 years; or
(b)	grant a right to renew or extend, or renew or extend, the term of a plantation product contract beyond 10 years from the date of commencement of the original term.

(4) The Commission cannot —

(a)	enter into a plantation product contract for a term exceeding 25 years; or
(b)	grant a right to renew or extend, or renew or extend, the term of a plantation product contract beyond 25 years from the date of commencement of the original term.

(5) The Minister, within 28 days of —

(a)	entering into a plantation contract for a term exceeding 10 years; or
(b)	granting a right to renew or extend, or renewing or extending, the term of a plantation contract beyond 10 years from the date of commencement of the original term,

is to cause a copy of the contract, grant, renewal or
extension to be laid before each House of Parliament or
dealt with in accordance with section 69.

Forest Products Amendment Act 2004

s. 8

”.

8.             Section 61 amended

(1) Section 61 is amended as follows:

(a)	by inserting before “A provision” the subsection designation “(1)”;
(b)	in paragraph (b) by inserting after “forest products” —

“ , other than a plantation product contract, ”.

(2) At the end of section 61 the following subsections are
inserted —

“

(2) A provision in, or condition of, a plantation product
contract that is inconsistent with —

(a) this Act;

(b) the CALM Act; or

(c) the management plan,

is of no effect, but without prejudice to other

provisions or conditions of the contract.

(3)	In subsection (2) —
“management plan” means —

(a)	in relation to a plantation product contract other than a plantation product contract referred to in paragraph (b), the management plan —
(i) relating to departmental land on which and plantation products that are to be managed, harvested or sold under the

Forest Products Amendment Act 2004

s. 9

(ii)      of effect at the date on which the original plantation product contract was entered into;

and

(b)	in relation to a plantation product contract that has been extended, on and from the time the contract is extended, the management plan —
(i) relating to departmental land on which and plantation products that are to be managed, harvested or sold under the

(ii)      of effect at the date on which the plantation product contract was extended.

”.

9.             Section 69 amended

Section 69(1) is amended by deleting “or 36(4)” and inserting
instead —

“ 36(4) or 58A(5) ”.