Softwood Forestry Agreements Act 1976 (Cth)
SOFTWOOD FORESTRY AGREEMENTS ACT 1976
- Reprinted as at 31 January 1983 (HISTACT CHAP 613 #DATE 31:01:1983)
- Reprinted as at 31 January 1983 (HISTACT CHAP 613 #DATE 31:01:1983)
*1* The Softwood Forestry Agreements Act 1976 as shown in this reprint comprises Act No. 155, 1976 amended as indicated in the Tables below.
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Softwood Forestry
Agreements Act 1976 155, 1976 9 Dec
1976 9 Dec 1976
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June
1978 12 June 1978 S. 8
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Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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S. 4. . . . . . . . . am. No. 36, 1978
SOFTWOOD FORESTRY AGREEMENTS ACT 1976 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Execution of agreements authorized
4. Appropriation for financial assistance
SCHEDULE
Agreement
SOFTWOOD FORESTRY AGREEMENTS ACT 1976 - LONG TITLE SECT
An Act relating to Agreements between the Commonwealth and the States in connexion with Softwood Forestry
SOFTWOOD FORESTRY AGREEMENTS ACT 1976 - PREAMBLE SECT
WHEREAS the Softwood Forestry Agreements Act 1972 authorized the execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and a State to provide financial assistance to the State in respect of the planting of softwoods during the 5 years commencing 1 July 1971, being an agreement substantially in accordance with the form set out in the Schedule to that Act: AND WHEREAS on 29 November 1972 the Commonwealth executed agreements with each of the States in accordance with that form:
AND WHEREAS it is desirable to authorize the execution, by or on behalf of the Commonwealth, of further agreements between the Commonwealth and each of the States varying those agreements to provide for financial assistance in respect of the planting of softwoods during the year commencing 1 July 1976:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives in Australia, as follows:
SOFTWOOD FORESTRY AGREEMENTS ACT 1976 - SECT 1
Short titleSECT
1. This Act may be cited as the Softwood Forestry Agreements Act 1976 .*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SOFTWOOD FORESTRY AGREEMENTS ACT 1976 - SECT 2
CommencementSECT
2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SOFTWOOD FORESTRY AGREEMENTS ACT 1976 - SECT 3
Execution of agreements authorizedSECT
3. The execution, by or on behalf of the Commonwealth, of an agreement between the Commonwealth and a State substantially in accordance with the form contained in the Schedule is authorized.
SOFTWOOD FORESTRY AGREEMENTS ACT 1976 - SECT 4
Appropriation for financial assistanceSECT
4. (1) The payments by the Commonwealth to a State provided for in a revised agreement, including advances by the Minister for Finance, may be made to the State by way of financial assistance on the terms and conditions contained in the revised agreement. (2) The payments referred to in sub-section (1) shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
(3) In this section, "revised agreement" means an agreement executed by the Commonwealth in pursuance of the Softwood Forestry Agreements Act 1972 as amended by an agreement executed in pursuance of this Act.
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SOFTWOOD FORESTRY AGREEMENTS ACT 1976 - SCHEDULE 1 SCH
SCHEDULE
Section 3
AN AGREEMENT made the day of One thousand nine hundred and
seventy- between THE COMMONWEALTH OF AUSTRALIA (in this agreement called
"the Commonwealth") of the one part and THE STATE OF (in this agreement
called "the State") of the other part.
WHEREAS-
(a) the Australian Forestry Council constituted by the Ministers of the
Commonwealth and of the States concerned with forestry has maintained since the
1st day of July 1966 a policy of increasing the rate of softwood planting in
Australia above the level which the States had been planting prior to that date;
(b) by an agreement authorized by the Softwood Forestry Agreements Act
1967 of the Commonwealth and made between the Commonwealth and the State the
day of 1967 (in this agreement referred to as "the principal
agreement") the Commonwealth agreed to provide financial assistance to the
State to assist the State to meet the cost of planting softwoods in accordance
with the programme set out in the schedule to the principal agreement in respect
of the State for the period of five years commencing on the 1st day of July
1966;
(c) by an agreement authorized by the Softwood Forestry Agreement Act
1972 of the Commonwealth and made between the Commonwealth and the State the
day of 1972 (in this agreement referred to as "the second
agreement") the Commonwealth agreed to provide financial assistance to the
State to assist the State to meet the cost of planting softwoods in accordance
with the programme set out in the schedule to the second agreement in respect of
the State for the further period of five years commencing on the 1st day of July
1971;
(d) the Commonwealth and the States have agreed to implement the further
programme referred to in this agreement showing the proposed annual planting
that, subject to funds being available, might be made by each State during the
year commencing on the 1st day of July 1976 (in this agreement referred to as
"the additional year");
(e) the State is desirous of undertaking the proposed annual planting
specified in respect of the State in the additional year;
(f) the Parliament of the Commonwealth has authorized by the Softwood
Forestry Agreements Act 1976 the execution on behalf of the Commonwealth of
an agreement with a State in the form of this agreement and the grant of
financial assistance under section 96 of the Commonwealth of Australia
Constitution on the terms and conditions contained in the agreement so made.
NOW IT IS HEREBY AGREED as follows:
1. This agreement shall be deemed to have come into force on the 1st day of
July 1976.
2. The second agreement is amended as follows:
(a) by deleting the expression "the second five year programme" wherever it
appears and inserting in lieu thereof the expression "the second programme";
(b) by amending the reference to "the Schedule to this agreement" to read
"the First Schedule";
(c) by deleting from sub-clause 2 (2.) "sub-clause (3.)" and inserting in
lieu thereof "sub-clauses (3.) and (4.)";
(d) by adding to clause 2 the following sub-clause-
"(4.) Notwithstanding anything hereinbefore contained in this clause and
anything contained in clause 3 of this agreement, the amount to be provided by
the Commonwealth to the State in respect of the financial year commencing on the
1st day of July 1976 shall not exceed the amount set out in the second column of
the Second Schedule to this agreement opposite the reference to the State in the
first column of that Schedule".
(e) the Schedule is deleted and the following two schedules are inserted in
lieu thereof-
FIRST SCHEDULE
THE SECOND PROGRAMME
Clause 1
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Base
Year Proposed Annual Planting (hectares net)
Planting year ending 30 June
(hectares -------------------------------------------
State net) 1972 1973 1974 1975 1976 1977
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New South Wales. . . 3,553 7,491 7,491 7,491 7,491 7,491 5,522
Victoria . . . . . . 2,635 4,686 4,686 4,686 4,686 4,686 3,660
Queensland . . . . . 2,282 3,926 3,926 3,926 3,926 3,926 3,104
South Australia. . . 1,376 1,821 1,821 1,821 1,821 1,821 1,599
Western Australia. . 1,315 2,343 2,343 2,343 2,343 2,343 1,829
Tasmania . . . . . . 850 1,862 1,862 1,862 1,862 1,862 1,356
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Totals. . . . . . 12,011 22,129 22,129 22,129 22,129 22,129 17,070
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SECOND SCHEDULE
MAXIMUM FINANCIAL ASSISTANCE 1976-77
Sub-clause 2 (4)
State $
New South Wales . . . . . . . 2,053,000
Victoria. . . . . . . . . . . 936,000
Queensland. . . . . . . . . . 1,469,000
South Australia . . . . . . . 100,000
Western Australia . . . . . . 689,000
Tasmania. . . . . . . . . . . 753,000
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6,000,000
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3. The second agreement as varied by this agreement is confirmed to the intent
that, as so varied, it shall apply to and in respect of the additional year.
0
0
0