Forestry Restructuring and Nature Conservation Act 1995 (NSW)

An Act to provide for the payment of expenditure on forest industry restructuring, nature conservation and certain other environmental initiatives from the Environmental Trust, and for other purposes.

long title: Am 1998 No 82, Sch 2.1 [1].

1Name of Act

This Act is the Forestry Restructuring and Nature Conservation Act 1995.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Definitions

In this Act—

Budget Papers means the Budget Papers tabled in Parliament (whether before or after the commencement of this section).

Environmental Trust Act means the Environmental Trust Act 1998.

Fund means the Environmental Trust Fund established under the Environmental Trust Act.

s 3: Am 1998 No 82, Sch 2.1 [2].

4Payments from the Fund for certain programs(1)

There is to be paid out of the Fund such amounts as the Minister for Climate Change and the Environment directs for payment into the Consolidated Fund to offset the amounts paid from the Consolidated Fund for the following expenditure—

• (a)–(c)

  (Repealed)

• (d)

  Expenditure for the purpose of implementing forestry restructure and assistance schemes and programs in the Brigalow and Nandewar and adjacent areas, including business exit assistance, timber worker assistance and industry development assistance, shown in the Budget Papers or declared in writing by the Treasurer as expenditure to be recouped from the Fund. That expenditure is referred to in this Act as Brigalow and Nandewar areas expenditure.

• (e)

  (Repealed)

(1A)

(Repealed)

(2)

The Treasurer is to certify to the Minister from time to time the amounts paid from the Consolidated Fund for the expenditure referred to in this section.

(3), (4)

(Repealed)

(5)

Money is not to be paid from the Fund under this Act in respect of Brigalow and Nandewar areas expenditure unless the Minister for Climate Change and the Environment and the Minister for Mineral and Forest Resources jointly certify that the expenditure has been incurred for the purposes of implementing a scheme or program designed to assist persons affected by Government forest conservation initiatives in the Brigalow or Nandewar areas.

(6)

(Repealed)

s 4: Am 1997 No 64, Sch 4.1; 1998 No 82, Sch 2.1 [5]; 2005 No 56, Sch 12.3 [1]–[3]; 2010 No 22, Sch 10.2 [1]–[4]; 2018 No 25, Sch 6.

5Minister determines timing and details of payment

The timing of payments from the Fund under this Act and the amount of a particular payment on a particular occasion are to be as determined by the Minister for Climate Change and the Environment. The Minister is to be mindful of the need for the Fund to be able to earn income in order to meet its projected commitments under this Act and the Environmental Trust Act over the period of operation of this Act.

s 5: Am 1998 No 82, Sch 2.1 [6] [7].

6–8

(Repealed)

s 6: Am 1998 No 82, Sch 2.1 [8]; 1999 No 50, Sch 1 [1]; 2005 No 56, Sch 12.3 [4]. Subst 2010 No 22, Sch 10.2 [5]. Rep 2018 No 25, Sch 6.

s 7: Am 1998 No 82, Sch 2.1 [9]–[11]; 1999 No 50, Sch 1 [2]. Subst 2005 No 56, Sch 12.3 [5]; 2010 No 22, Sch 10.2 [6]. Rep 2018 No 25, Sch 6.

s 8: Rep 2005 No 56, Sch 12.3 [6].

9Payments can be made out of capital and income

Payments under this Act can be made out of both capital and income of the Fund.

10–11A

(Repealed)

s 10: Am 1998 No 82, Sch 2.1 [12] [13]. Rep 2005 No 56, Sch 12.3 [6].

s 11: Am 1998 No 82, Sch 2.1 [14]; 1999 No 50, Sch 1 [3]; 2005 No 56, Sch 12.3 [7] [8]. Subst 2010 No 22, Sch 10.2 [7]. Rep 2018 No 25, Sch 6.

s 11A: Ins 2010 No 22, Sch 10.2 [7]. Rep 2018 No 25, Sch 6.

12Audit by Auditor-General of payments from the Fund

The audit of the accounts relating to the Fund by the Auditor-General under the Government Sector Audit Act 1983 is to include an audit of the payments made from the Fund under this Act.

s 12: Am 2023 No 35, Sch 3.2.

13

(Repealed)

s 13: Rep 1998 No 82, Sch 2.1 [15].

Schedules 1, 2

(Repealed)

sch 1: Am 1998 No 82, Sch 2.1 [16]. Rep 2005 No 56, Sch 12.3 [9].

sch 2: Rep 1998 No 82, Sch 2.1 [17].

whole Act: Am 1998 No 82, Sch 2.1 [3] (“Funds” omitted wherever occurring, “Fund” inserted instead).

whole Act: Am 1998 No 82, Sch 2.1 [4] (“Environmental Trusts Acts” omitted wherever occurring, “Environmental Trust Act” inserted instead); 2010 No 22, Sch 10.2 [8] (“Minister for the Environment” omitted wherever occurring, “Minister for Climate Change and the Environment” inserted instead).

Historical notesTable of amending instruments

Forestry Restructuring and Nature Conservation Act 1995 No 50. Assented to 2.11.1995. Date of commencement, 8.12.1995, sec 2 and GG No 149 of 8.12.1995, p 8401. This Act has been amended as follows—

1997	No 64	Marine Parks Act 1997. Assented to 10.7.1997. Date of commencement, 1.8.1997, sec 2 and GG No 86 of 1.8.1997, p 5825.
1998	No 82	Environmental Trust Act 1998. Assented to 14.7.1998. Date of commencement, 9.11.1998, sec 2 and GG No 155 of 30.10.1998, p 8511.
1999	No 50	Forestry Restructuring and Nature Conservation Amendment Act 1999. Assented to 16.11.1999. Date of commencement, 15.5.2000, sec 2 and GG No 57 of 12.5.2000, p 3835.
2005	No 56	Brigalow and Nandewar Community Conservation Area Act 2005. Assented to 1.7.2005. Date of commencement of Sch 12.3, 1.7.2005, sec 2 (2).
2010	No 22	National Park Estate (Riverina Red Gum Reservations) Act 2010. Assented to 24.5.2010. Date of commencement, 1.7.2010, sec 2.
2018	No 25	Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 6, 14 days after assent, sec 2 (1).
2023	No 35	Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 3, assent, sec 2(c).

Table of amendments

Long title	Am 1998 No 82, Sch 2.1 [1].
Sec 3	Am 1998 No 82, Sch 2.1 [2].
Sec 4	Am 1997 No 64, Sch 4.1; 1998 No 82, Sch 2.1 [5]; 2005 No 56, Sch 12.3 [1]–[3]; 2010 No 22, Sch 10.2 [1]–[4]; 2018 No 25, Sch 6.
Sec 5	Am 1998 No 82, Sch 2.1 [6] [7].
Sec 6	Am 1998 No 82, Sch 2.1 [8]; 1999 No 50, Sch 1 [1]; 2005 No 56, Sch 12.3 [4]. Subst 2010 No 22, Sch 10.2 [5]. Rep 2018 No 25, Sch 6.
Sec 7	Am 1998 No 82, Sch 2.1 [9]–[11]; 1999 No 50, Sch 1 [2]. Subst 2005 No 56, Sch 12.3 [5]; 2010 No 22, Sch 10.2 [6]. Rep 2018 No 25, Sch 6.
Sec 8	Rep 2005 No 56, Sch 12.3 [6].
Sec 10	Am 1998 No 82, Sch 2.1 [12] [13]. Rep 2005 No 56, Sch 12.3 [6].
Sec 11	Am 1998 No 82, Sch 2.1 [14]; 1999 No 50, Sch 1 [3]; 2005 No 56, Sch 12.3 [7] [8]. Subst 2010 No 22, Sch 10.2 [7]. Rep 2018 No 25, Sch 6.
Sec 11A	Ins 2010 No 22, Sch 10.2 [7]. Rep 2018 No 25, Sch 6.
Sec 12	Am 2023 No 35, Sch 3.2.
Sec 13	Rep 1998 No 82, Sch 2.1 [15].
Sch 1	Am 1998 No 82, Sch 2.1 [16]. Rep 2005 No 56, Sch 12.3 [9].
Sch 2	Rep 1998 No 82, Sch 2.1 [17].
The whole Act	Am 1998 No 82, Sch 2.1 [3] (“Funds” omitted wherever occurring, “Fund” inserted instead).
The whole Act	Am 1998 No 82, Sch 2.1 [4] (“Environmental Trusts Acts” omitted wherever occurring, “Environmental Trust Act” inserted instead); 2010 No 22, Sch 10.2 [8] (“Minister for the Environment” omitted wherever occurring, “Minister for Climate Change and the Environment” inserted instead).