Forests (Timber Promotion Council) (Amendment) Regulations 2000 (Vic)

Forests (Timber Promotion Council) (Amendment)

Regulations 2000

S.R. No. 117/2000

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Commencement	2
4.	Principal Regulations	2
5.	Constitution of Timber Promotion Council	2
6.	Acting Chairperson	3
7.	References to Director-General	3
8.	Council proceedings	3
9.	New regulations 16 to 18 inserted	3

16.	Fees and allowances for members	4
17.	Corporate plan	4
18.	Transitional provision	7

10. New Schedule 2 inserted 7

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ENDNOTES 8

i

STATUTORY RULES 2000

S.R. No. 117/2000

Forests Act 1958

Forests (Timber Promotion Council) (Amendment)

Regulations 2000

The Lieutenant-Governor as the Governor's deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 28 November 2000

Responsible Minister:

SHERRYL GARBUTT

Minister for Environment and Conservation

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to—

(a)	vary the constitution of the Timber Promotion Council; and
(b)	provide for the appointment of an Acting Chairperson; and
(c)	provide for an annual corporate plan for the Council; and
(d)	prescribe attendance fees and travelling and other expenses and allowances.

2. Authorising provision

These Regulations are made under section 99 of the Forests Act 1958.

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3. Commencement

These Regulations come into operation on

1 December 2000.

4. Principal Regulations

In these Regulations the Forests (Timber the Principal Regulations.

5. Constitution of Timber Promotion Council

(1) In regulation 8(1) of the Principal Regulations for

"nine" substitute "ten".

(2) In regulation 8(1)(a) of the Principal Regulations

for "five" substitute "four".

(3) In regulation 8(1) of the Principal Regulations for

paragraph (b) substitute—

"(b) two persons must be nominated by the

Secretary of whom—

(i)  one must be an employee of the Department of Natural Resources and Environment; and

(ii)  one must be an employee of the Department of State and Regional Development; and

(c)	one person must be nominated by the Construction Forestry Mining and Energy Union; and
(d)	one person must be nominated by the Victorian Forest Harvest and Cartage Council; and
(e)	one person must be nominated by the Timber Merchants' Association; and

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(f) one person must be nominated by the Secretary after consultation with the Victorian Association of Forest Industries and the Construction Forestry Mining and Energy Union as a person with expertise in marketing.".

6. Acting Chairperson

For regulation 8(2) of the Principal Regulations
substitute—

"(2) The Governor in Council must appoint one

of the members to be Chairperson.

(2A) If, for any reason, the Chairperson is unable to perform his or her duties, the Secretary may appoint any member to be the Acting Chairperson for up to 60 days with the same

functions, duties and entitlements as a
Chairperson would have under these

Regulations.".

7. References to Director-General

In regulations 3(c), 8(3)(a), 10(3)(a) and 14 of the
Principal Regulations for "Director-General"

(wherever occurring) substitute "Secretary".

8. Council proceedings

(1) In regulation 10(4) of the Principal Regulations

for "the Chairperson is" substitute "both the
Chairperson and any Acting Chairperson

appointed under regulation 8(2A) are".

(2) In regulation 10(5) of the Principal Regulations

for "5" substitute "6".

9. New regulations 16 to 18 inserted

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For regulation 16 of the Principal Regulations
substitute—

"16. Fees and allowances for members

A member, other than a member nominated
under regulation 8(1)(b) of these

Regulations, is entitled to be paid—

(a) in the case of the Chairperson, a fee of $150 for each day during which he or she attends any meeting of the Council

or any committee; and

(b)	in the case of any other member or deputy of a member, a fee of $130 for each day during which he or she attends any meeting of the Council or any committee; and
(c)	travelling and other expenses and allowances which are incurred in carrying out the duties of a member of the Council, as set out in Schedule 2.

17. Corporate plan

(1) The Council must prepare a corporate plan

each year and provide a copy to the or such other time as the Secretary may specify.

(2) The proposed corporate plan must be in or to

the effect of a form approved by the
Secretary and must include—

(a) a statement of corporate intent including—

(i) the objectives of the Council;

(ii)  the main undertakings of the Council;

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(iii)	the nature and scope of the activities to be undertaken by the Council;
(iv)	the accounting policies to be applied in the accounts;
(v)	measures by which the

the performance targets and other be judged in relation to its stated objectives;

(vi) to be provided to the Secretary by
the Council during the course of
those financial years, including

the kind of financial information each annual report;

(vii)  such other matters as may be agreed on by the Secretary and the Council;

(b)	a business plan containing the information required by the Secretary;
(c)	estimates of receipts and expenditure of the Council for the financial year or such other period as the Secretary may specify.
(3) The Council must consider any comments on	the proposed plan that are made to it by the submitted to the Secretary.

(4) The Council must—

(a)

consult in good faith with the Secretary Council of the comments; and

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(b)	make such changes to the plan as are agreed between the Secretary and the Council; and
(c)	deliver the completed plan to the Secretary within 1 month after the end of the period referred to in sub- regulation (3).

(5) The plan may be modified at any time with the agreement of the Secretary.

(6) If the Council, by written notice to the

Secretary, proposes a modification to the plan, the Council may, within 14 days, make the modification unless the Secretary, by written notice to the Council directs the Council not to make it.

(7) The Secretary may, with the agreement of the Minister, from time to time direct the Council to include any specified matters in

or omit any specified matters from a statement of intent, business plan or estimates.

(8) Before giving any direction under sub-

regulations (6) or (7), the Secretary must consult with the Council as to the matters referred to in the notice.

(9) The Council must comply with a direction

under sub-regulation (6) or (7).

(10) At any particular time, the statement of

corporate intent, business plan or the
estimates for the Council are the statement,
plan and estimates last completed, with any
modifications or deletions made in
accordance with this regulation.

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18.

Transitional provision Council made by the Forests (Timber Promotion Council) (Amendment) Regulations 2000, the Council is deemed, on and from the commencement of those Regulations, to be the same body as it was before that commencement.".

10. New Schedule 2 inserted

After Schedule 1 to the Principal Regulations insert—

"SCHEDULE 2

ALLOWANCES
Travel Allowances

Where a member uses his or her private vehicle to carry out the duties of a member, an allowance may be paid at the following rate:

Motor Car—over 35 P.M.U. (over 3001cc)	68·5 cents per kilometre
Motor Car—under 35 P.M.U. (up to	57·0 cents per kilometre
3000cc)
Motor Cycle—under 250 cc	24·8 cents per kilometre
Motor Cycle—over 250 cc	33·0 cents per kilometre

Accommodation, Meals and Incidental Allowances

Where a member is absent from his or her home in the course of
carrying out the duties of a member, the following allowances may be

paid:

Meal & Bed	Leave Before	Return After	Capital City	Other
Breakfast	7:00 a.m.	9:30 a.m.	$15·00	$11·00
Lunch	12:00 p.m.	3:00 p.m.	$26·00	$20·00
Dinner	5:00 p.m.	7:00 p.m.	$36·00	$28·00

Bed	Overnight	$112·00	$82·00
Incidentals	When away overnight	$14·00	$14·00

".

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Forests (Timber Promotion Council) (Amendment) Regulations
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S.R. No. 117/2000 Endnotes

ENDNOTES

1Reg. 4: S.R. No. 192/1992.