Forests (Australian Newsprint Mills Limited) Act 1980 (Vic)
Version No. 001
Forests (Australian Newsprint Mills Limited) Act 1980
Act No. 9482/1980
Version incorporating amendments as at 8 August 2000
TABLE OF PROVISIONS
Section Page
1.Short title and commencement
2.Definition and expressions
3.Act to bind Crown
4.Ratification of Agreement
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SCHEDULE—Agreement
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Forests (Australian Newsprint Mills Limited) Act 1980
Act No. 9482/1980
Version incorporating amendments as at 8 August 2000
An Act to ratify validate approve and otherwise give Effect to an Agreement between the Forests Commission and Australian Newsprint Mills Limited for the supply of softwood pulpwood from plantations in north-eastern Victoria and for other purposes.
Preamble
WHEREAS Australian Newsprint Mills Limited a company incorporated in the State of Tasmania is desirous of establishing in the Albury-Wodonga area the industry of manufacturing wood pulp and paper from softwood timber:
AND WHEREAS the Company before it incurs the expenditure necessary to establish the industry desires to be satisfied that sufficient softwood timber will be available to enable it to carry on the industry:
AND WHEREAS the Forests Commission first constituted under the Forests Act 1918 has conifer plantations in north-eastern Victoria and it desires to be satisfied that it will have a market for softwood timber produced in those plantations:
AND WHEREAS an Agreement for the supply of softwood timber has been entered into between the Forests Commission and the Company:
AND WHEREAS the Agreement is expressed to be subject to ratification of the Parliament of Victoria:
AND WHEREAS it is expedient in the public interest to ratify validate approve and otherwise give effect to the said Agreement and to make other provisions hereinafter provided:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title and commencement
(1)This Act may be cited as the Forests (Australian Newsprint Mills Limited) Act 1980.
(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2.Definition and expressions
(1)In this Act unless inconsistent with the context or subject-matter—
"the Agreement" means the Agreement a copy of which is set out in the Schedule.
(2)Expressions used in this Act and which are also used in the Agreement shall have the meanings respectively assigned to them in the Agreement.
3.Act to bind Crown
This Act shall bind the Crown.
4.Ratification of Agreement
(1)The Agreement is hereby ratified validated and approved and shall be given effect to.
(2)The following provisions shall be read as in aid of and not in derogation from the provisions of the last preceding sub-section—
(a)the Minister, the Director-General of Conservation, Forests and Lands and all officers concerned are hereby empowered to carry out the Agreement and to enter into such agreements and to give such approvals as are provided for by it; and
(b)this Act and the Agreement shall take effect notwithstanding anything in any Act or in any proclamation regulation Order in Council by-law lease licence authority permit or agreement under any Act, and every Act proclamation regulation Order in Council by-law lease licence or authority permit or agreement shall by virtue of this Act be deemed to be modified to the extent necessary to give full force and effect to this Act and the Agreement (but not further or otherwise) and shall be read and construed and take effect accordingly.
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SCHEDULE
THIS AGREEMENT is made 30 October 1980 between the FORESTS COMMISSION incorporated by the provisions of the Forests Act 1958 of the State of Victoria of the one part and AUSTRALIAN NEWSPRINT MILLS LIMITED a company incorporated in the State of Tasmania with its registered office at Boyer Tasmania of the other part—
WHEREAS—
Recitals
I.The Company is desirous of establishing in the Albury-Wodonga area the industry of manufacturing wood pulp and paper from softwood timber.
II.Before the Company incurs the expenditure necessary to establish the industry it desires to be satisfied that sufficient softwood timber will be available to enable it to carry on the industry.
III.The Commission has conifer plantations in North-east Victoria and it desires to be satisfied that it will have a market for softwood timber produced in those plantations.
IV.The parties hereto desire to enter into this Agreement so that upon its ratification validation and approval by Parliament the provisions hereinafter appearing shall have full force and effect.
NOW IT IS HEREBY AGREED as follows—
PART I—PRELIMINARY
1.Definitions
"the Act" means the Act of the Parliament of Victoria to be passed to ratify validate approve and otherwise give effect to this Agreement;
"this Agreement" means the Agreement as from time to time amended;
"area of supply" means softwood plantations existing from time to time in the State of Victoria within 200 kilometres by road from the principal post office at Wodonga using the shortest practicable route;
"Commission" means the Forests Commission and if that Commission ceases to exist means the body corporate or persons for the time being charged with the duties or substantially the same duties now performed by the Forests Commission;
"Company" means Australian Newsprint Mills Limited and upon each assignment in accordance with sub-clause (1) of clause 4 hereof includes the assignee;
"forest officer" has the same meaning as in the Forests Act 1958;
"forest produce" has the same meaning as in the Forests Act 1958;
"the industry" means the manufacture by the Company in the Albury-Wodonga area of wood pulp and paper from softwood timber;
"minimum annual supply" means the annual quantity which the Commission is to make available from time to time under clause 14 hereof;
"month" means calendar month;
"softwood timber" means timber of the species Pinus radiata and other coniferous species suitable for the purposes of the industry but does not include any timber which the Commission requires for sale as logs poles or fencing timber;
"tonne" means a tonne of wet or green softwood timber including bark; and
"year" means a period of twelve months commencing on the first day of July.
2.Interpretation
(1)In this Agreement unless inconsistent with the context or subject-matter references to any Act shall include all amendments and re-enactments thereof for the time being in force and all supplemental legislation for the time being in force whether by regulation rule proclamation or order made or continuing under that Act or any amendment or re-enactment thereof.
(2)The headings and sidenotes shall not affect the interpretation of this Agreement.
(3)This Agreement shall be interpreted according to the laws for the time being in force in the State of Victoria.
3.Agreement to be ratified by Act of Parliament
This Agreement shall not be of any force or effect until it has been ratified validated approved and otherwise given effect by an Act of the Parliament of Victoria.
4.Operation of industry by assignee
(1)The Company shall be at liberty at any time with the prior written consent of the Commission to assign its rights under this Agreement.
(2)Upon each such assignment the assignee shall by virtue of the Act be subject to all the obligations and conditions imposed upon the Company by this Agreement so far as they remain in force and are capable of taking effect.
(3)Notwithstanding any such assignment Australian Newsprint Mills Limited shall remain responsible to the Commission for the performance of all the obligations and conditions imposed upon the Company by this Agreement.
5.
In using its powers and applying its discretion whether in this Agreement or the Act or the Forests Act 1958 the Commission shall so far as the interests of forest management allow (and the Commission shall for the purposes of this Agreement be the sole judge of what is proper forest management) give full recognition of the fact that the Company is engaged in competitive business.
PART II—OPERATION OF THE INDUSTRY
Division A—Duration of Agreement
6.To cease on 30 June 2010 or upon sooner determination
This Agreement shall remain in force until 30 June 2010 or until sooner determination in accordance with the provisions hereof.
7.Saver of rights
The expiration or determination of this Agreement shall not affect the enforcement of any right obligation or liability theretofore acquired accrued or incurred.
Division B—Timber rights
8.Rights of lessees, &c.
Nothing in this Agreement shall affect the rights powers and privileges acquired by any person (whether before or after the commencement of the Act) under the Forests Act 1958 or any other Act.
9.Sale of forest produce or grant of licences not restricted
Subject to the right of the Company under sub-clause (1) of clause 12 hereof to obtain softwood timber in the area of supply and compliance by the Commission with its obligations under clause 14 hereof to make available to the Company the minimum annual supply of softwood timber nothing in this Agreement shall restrict the Commission's rights pursuant to the Forests Act 1958 to sell or grant licences to obtain forest produce.
10.Plan of utilization
(1)Not later than 31 March 1981 and 31 March in each year thereafter the Commission shall after consultation with the Company draw up and deliver to the Company a plan of utilization for the supply of softwood timber for the following year and a provisional plan for the supply of softwood timber for the next two years.
(2)The plan of utilization and the provisional plan shall set out the areas of the area of supply from which softwood timber may be obtained during the relevant period and shall specify the location and size of each area and the respective quantities of softwood timber which the Commission estimates will be obtainable in each area.
(3)The Commission and the Company may during the currency of any plan of utilization agree to a modification of the plan.
(4)The company shall conform with each plan or modified plan of utilization.
11.Company to comply with Forests Act, &c.
The Company shall comply with the provisions of the Forests Act 1958 and with all regulations for the time being in force under the Act.
12.Company's right to softwood timber
(1)The Company without obtaining any lease licence permit or authority shall have the right to obtain softwood timber by its servants agents or contractors from the area of supply in conformity with the plan of utilization.
(2)The Company shall obtain softwood timber—
(a)from heads and other residual timber from logging and pole and post cutting operations;
(b)from all standing trees indicated by a forest officer; and
(c)as required by the Commission from timber felled or felled and removed by or on behalf of the Commission.
(3)The Commission may in its discretion if so requested by the Company modify the Company's obligation to take softwood timber felled or felled and removed by or on behalf of the Commission but any of such timber not taken by the Company shall for the purpose of clause 14 hereof be softwood timber made available to the Company by the Commission.
13.Purposes for which timber is to be used
The Company shall use the softwood timber made available to it under this Agreement for the purposes of the industry.
14.Commission's obligations to supply softwood timber
(1)Subject to the provisions of clause 26 hereof the Commission shall make available to the Company from the area of supply a minimum annual supply of softwood timber which unless varied pursuant to the provisions of sub-clause (3) or (4) hereof shall be—
(a)during the period ending on 30 June 1981—500 tonnes;
(b)during the year 1981–1982—80 000 tonnes;
(c)during the year 1982–1983—100 000 tonnes;
(d)during the year 1983–1984—110 000 tonnes;
(e)during the years 1984–1985 to 2009–2010 inclusive—120 000 tonnes.
(2)The Commission may in its discretion make available to the Company in the period ending on 30 June 1981 and in any year thereafter a quantity of softwood timber from the area of supply additional to the minimum annual supply.
(3)The Commission may from time to time by written agreement with the Company vary the minimum annual supply for any period commencing from 1 July next following the date of such agreement.
(4)At any time but not less than once in each period of five years while this Agreement remains in force the quantity of softwood timber available in the area of supply shall be assessed by the Commission and on the basis of the quantity so determined the Commission and the Company may agree to vary the minimum annual supply for any period commencing from 1 July next following the date of such agreement.
15.Specifications of softwood timber
The Company shall not be bound to accept any softwood timber which—
(a)is not sound and free from rot doze blue stain and charcoal;
(b)is not sufficiently straight for the manufacturing processes for the time being employed in the industry;
(c)is less than 3·6 metres in length or such other minimum length as is agreed to from time to time by the Commission and the Company; or
(d)is less than 10 centimetres in cross-sectional breadth under bark.
16.Price of softwood timber
(1)For all softwood timber obtained by it under this Agreement the Company shall pay—
(a)as to softwood timber which the Company by its servants agents or contractors removes or fells and removes—the royalty payable from time to time under this Agreement; and
(b)as to softwood timber either felled or felled and removed by or on behalf of the Commission—the royalty as aforesaid and a charge to be agreed upon from time to time between the Commission and the Company for—
(i)the cost to the Commission of felling or felling and removal of softwood timber in or from the particular area; and
(ii)the overhead expenses of the Commission in connection therewith.
(2)Failing agreement within fourteen days on the charge referred to in paragraph (b) of sub-clause (1) hereof the charge shall be determined by the Commission but so that the part of the charge attributable to the cost to the Commission of felling or felling and removal of softwood timber in or from any area shall not exceed the actual cost to the Company of or the payment made by the Company to contractors for felling or felling and removal (as the case may be) of softwood timber at that time in similar form in or from areas which are similar with respect to yield of softwood timber physical circumstances of extraction and situation in regard to means of transport.
17.Company's obligations to take or pay for softwood timber
(1)Subject to the provisions of clause 27 hereof the Company shall be bound in each year in which the minimum annual supply of softwood timber to which it is entitled in that year is available to it either—
(a)to take not less than 90 per centum of the minimum annual supply; or
(b)if it takes less than 90 per centum of the minimum annual supply to pay royalty to the Commission on the deficiency at a rate equal to the royalty rate payable in that year under clause 19 or 20 hereof.
(2)If the Company during either or both of the two years next following any year in which there is a deficiency obtains a quantity of softwood timber in excess of the minimum annual supply the royalty payable on such excess shall be reduced by the amount of royalty paid in respect of the deficiency.
(3)After 30 June 1990 "90 per centum" in paragraphs (a) and (b) of sub-clause (1) hereof may from time to time be modified by agreement between the Commission and the Company but shall not be reduced below 75 per centum.
18.Payment of royalty
The following provisions shall apply with respect to royalty payable under this Agreement:
(a)Royalty shall be payable at such times after the amounts have been ascertained and in such manner as the Commission from time to time determines.
(b)If any royalty due by the Company remains unpaid for sixty days after the Commission has demanded payment thereof the Commission may without limiting the obligations of the Company under clause 17 hereof by notice in writing to the Company suspend its right to obtain softwood timber under this Agreement until payment is made.
(c)If the Company disputes the amount of any payment demanded by the Commission it may make the payment under protest and thereafter shall be entitled to take proceedings for recovery of any amount in excess of the amount it was liable to pay.
19.Royalty during first period
(1)During the period ending 30 June 1983 the royalty payable shall be at the rate of $8.25 per tonne.
(2)In the event of all or any of the softwood timber at the time of weighing not being wet or green or not including bark the Commission shall have the right to make an appropriate adjustment to the royalty payable in respect of that timber having regard to the definition of "tonne" herein.
20.Review of royalty
(1)During each successive period of three years from 1 July 1983 the royalty payable shall be at the rate agreed upon by the Commission and the Company.
(2)If the Commission and the Company fail to agree within fourteen days of the commencement of any three-yearly period as to any rate of royalty to be paid during that period the rate shall be determined in accordance with clause 28.
(3)In any such determination the arbitrators or their umpire shall take into consideration any alteration in circumstances and any other relevant matters which either of the parties to the reference may bring before the arbitrators or the umpire.
(4)Where a rate of royalty has been determined as provided by this clause that rate shall take effect from the commencement of the relevant three-yearly period.
(5)If any variation in the royalty rate is not determined prior to the commencement of any three-yearly period the Company shall continue to pay royalty at the rate payable during the preceding period and as soon as the new rate has been determined an adjustment shall be made retrospectively to the commencement of the period.
21.Construction of roads, tracks, &c. by Company
The Company shall not within the area of supply construct any road track or passage or any chute without the prior consent of a forest officer and shall not within the area of supply construct any tramway flume or building or erect any haulage or conversion unit without the prior written consent of the Commission.
22.Determination of quantity of softwood timber
(1)The quantity of softwood timber upon which royalty is payable under this Agreement shall be determined in such manner as may be agreed upon by the Commission and the Company or failing agreement within thirty days as the Commission shall direct.
(2)The place at which the quantity of softwood timber is to be measured shall be as fixed by the Commission from time to time after consultation with the Company.
(3)(a) The Company shall provide at its plant or elsewhere as agreed upon by the Commission and the Company a weighbridge or other measuring device acceptable to the Commission and shall during the currency of this Agreement have the weighbridge or other measuring device maintained and its accuracy periodically verified.
(b)At all times while the weighbridge or other measuring device is in accurate working order the quantity of softwood timber upon which royalty is payable under this Agreement shall be determined by weighing it on the weighbridge or other measuring device.
(c)At all times while the weighbridge or other measuring device is not in accurate working order the quantity of softwood timber upon which royalty is payable under this Agreement shall be determined in such manner as may be agreed upon by the Commission and the Company or failing agreement within fourteen days as the Commission shall direct.
23.Company to comply with conditions
The Commission may from time to time give to the Company written notice of conditions which shall apply in the areas from which it is obtaining softwood timber under this Agreement and the Company shall comply with the said conditions and ensure that any contractors who are engaged in obtaining softwood timber under this Agreement have notice thereof.
24.Requirements in regard to servants, &c. of the Company
(1)The Company shall keep the Commission informed by notice in writing of the names of its servants agents and contractors who are engaged in obtaining softwood timber under this Agreement.
(2)The Company shall supply to each such person for production when required by a forest officer evidence in a form satisfactory to the Commission that he is engaged in obtaining softwood timber under this Agreement and the Company shall forthwith inform the Commission in writing whenever any such person ceases to be so engaged.
(3)(a) The Company shall include in every contract by it with a contractor for obtaining softwood timber under this Agreement provisions requiring the contractor to comply with the Forests Act 1958 the regulations made under the Act and the conditions referred to in clause 23 hereof.
(b)The Company shall upon making any such contract forthwith give to the Commission written notice of the contract specifying the name of the contractor the duration of the contract the quantity of softwood timber to be obtained thereunder and the area from which it is to be obtained.
(4)The Company shall if so required by the Commission terminate the contract of any contractor who in the opinion of the Commission has failed to comply with the Forests Act 1958 the regulations made under the Act or the conditions referred to in clause 23 hereof.
25.Further Agreement
(1)In the first three months of the last year of this Agreement the Commission shall if the Company seeks a further Agreement to assure to it supplies of softwood timber for the continuance and expansion of the industry investigate the development of the industry and if satisfied that the Company needs to have supplies of softwood timber assured to it by a further Agreement enter into negotiations with the Company for that purpose.
(2)When a further Agreement has been agreed upon and executed the Commission shall (if necessary) recommend to the Minister of Forests that a Bill be introduced into the Parliament of Victoria as soon as possible to ratify validate approve and otherwise give effect to it.
Division C—Suspension of obligations and conditions
26.Suspension forests damaged, &c.
If any of the softwood plantations in the area of supply are damaged or destroyed by fire disease or other cause to such an extent that it is impracticable for the Commission to comply with the provisions of clause 14 hereof or if by reason of anything beyond the control of the Commission it is prevent from complying with those provisions the Company shall have no claim against the Commission for the non-fulfilment of its obligations under those provisions so far as non-fulfilment is due to any such cause or thing.
27.Damage or destruction of plant
If—
(a)the Company's plant or any works used by it for the purpose of manufacturing wood pulp or paper are damaged or destroyed by fire or other calamity;
(b)by reason of anything beyond the control of the Company it is delayed in establishing the industry;
(c)the carrying on of the industry becomes commercially impracticable because of the recession in the wood pulp or paper manufacturing industry in Australia;
(d)by reason of war strike lockout or action in the nature of a strike or lockout the Company is impeded from obtaining softwood timber or carrying on production of wood pulp or paper—
then in any of those events—
(i)the Company may apply to the Commission for suspension or a reasonable modification of the extent or operation of its obligations under clause 17 hereof or for an extension of time for the performance or observance thereof;
(ii)the Commission upon any such application by the Company may grant a suspension of the said obligations or a reasonable modification of their extent or operation or an extension of time for their performance or observance;
(iii)if the Company is dissatisfied with the decision of the Commission upon any such application the matter shall if the Company so elects be determined in accordance with clause 28.
28.Arbitration
Wherever in any clause of this Agreement it is provided that any matter shall or may be determined in accordance with this clause—
(a)the matter shall be referred to two arbitrators one to be appointed by the Company and one by the Commission;
(b)the provisions of the Arbitration Act 1958 shall apply to the reference; and
(c)the arbitrators or umpire or some person appointed on their behalf may investigate the Company's affairs and accounts so far as may be necessary to assist them to determine any matter referred to them and the Company shall give them full access to all accounts and papers necessary for that purpose and shall afford them full information and assistance.
Division D—Determination of Agreement by Commission
29.Commission may determine Agreement in certain events
If the Company—
(1)enters into liquidation (other than a voluntary liquidation for the purposes of reconstruction and assignment of rights under this Agreement);
(2)assigns its rights under this Agreement to a natural person who becomes bankrupt or makes any arrangement with his creditors;
(3)delays the commencement of commercial production of wood pulp or paper from softwood timber at a rate not less than 1000 tonnes per month beyond the year ending on 30 June 1982; or
(4)contravenes or fails to comply with the terms and conditions of this Agreement for a period of not less than one month after receiving written notice from the Commission specifying the terms and conditions contravened or not complied with—
the Commission may thereupon determine this Agreement.
Division E—Supplemental
30.Amendment or determination by agreement
The Commission and the Company may by agreement—
(a)from time to time amend this Agreement by such additions deletions and variations of matters of detail as may be necessary or desirable to facilitate the carrying on of the industry; and
(b)at any time determine this Agreement upon such terms as they deem fit.
IN WITNESS whereof the parties hereto have executed this Agreement the day and year first before written.
The common seal of Forests Commission
was hereto affixed in the presence
of:
Commissioner, A. J. THREDER
L.S.
Commissioner, R. J. GROSE
The common seal of Australian
Newsprint Mills Limited was
hereto affixed by the authority
of:
Director, K. D. MACPHERSON
L.S.
Secretary, A. G. CLOUDSDALE
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ENDNOTES
1. General Information
The Forests (Australian Newsprint Mills Limited) Act 1980 was assented to on 23 December 1980 and came into operation on 5 February 1981: Government Gazette 4 February 1981 page 339.
2. Table of Amendments
This Version incorporates amendments made to the Forests (Australian Newsprint Mills Limited) Act 1980 by Acts and subordinate instruments.
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Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: 19.5.87 Commencement Date: S. 103(Sch. 4 item 25.1) on 1.7.87: Government Gazette 24.6.87 p. 1694 Current State: This information relates only to the provision/s amending the Forests (Australian Newsprint Mills Limited) Act 1980
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3. Explanatory Details
No entries at date of publication.
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