Timber Industry Regulation Act Amendment Act 1968 (WA)

No. 33.] Timber Industry Regulation. [1968.

TIMBER INDUSTRY

REGULATION.

No. 33 of 1968.

AN ACT to amend the Timber Industry Regulation

Act, 1926-1950.

[Assented to 4th November, 1968.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title

and citation. 1. (1) This Act may be cited as the Timber

Industry Regulation Act Amendment Act, 1968.

vol. 15 of the

Reprinted	(2) In this Act the Timber Industry Regulation (3) The principal Act as amended by this Act may be cited as the Timber Industry Regulation Act, 1926-1968.
Acts.
Approved	Act, 1926-1950 is referred to as the principal Act.
for reprint 15th August. 1961.

1968.] Timber Industry Regulation. [No. 33.

2.   The principal Act is amended by adding =7 to

before the heading, "Preliminary." before section : 14,1inlin

"PART 1.—". -one, the passage,

3.    The principal Act is amended by adding after ::fldt1on of

section one a section as follows-

1A. This Act is divided into Parts as =ge-

follows—

PART I.—PRELIMINARY.

PART IL—ADMINISTRATION AND OFFICERS.

PART IN.—REGISTRATION OF SAWMILLS.

PART IV.—MANAGERS.

PART V.—GENERAL RULES, ETC.

PART VI.—REGULATIONS.

PART VII.—PENALTIES. .

4.    Section two of the principal Act is amended— tmsei2xlment

(Interprets-

(a)	as to the interpretation "Machinery", by Mon.) adding after the passage "belts,", in line three, the passage "chain drives," ;
(b)	as to the interpretation "Mill-gearing", by deleting the words "appertaining to a saw- milling process", in the last line;
(c)	as to the interpretation "Sawmill" or "mill", by substituting for the words "or treating", in line three, the passage ", treating, or processing" ;
(d)	by substituting for the interpretation "Timber" an interpretation as follows

"Timber" includes fallen trees, felled trees, and all wood whether sawn, split, hewn, peeled, sliced, chipped, hogged, ground, compressed, charred, or otherwise fashioned or processed on a timber holding. ;

No. 33.] Timber Industry Regulation. [1968.

(e) by substituting for the interpretation "Timber holding" an interpretation as follows

"Timber holding" means the area of a permit, license or lease granted under the Forests Act, 1918, or any land, of freehold or other tenure, used for the like purpose as Crown land held under permit, license or lease as aforesaid and includes timber yards to which timber is dispatched to be dealt with as merchandise, plants manufacturing joinery, veneer, plywood, woodwork, wood pulp, particle board, or hard board, and also includes wood extract, wood charcoal, and timber preservative treatment plants. ;

and

(1) by substituting for the interpretation

"Timber industry" an interpretation as

follows

"Timber industry" means all operations of felling, hewing, sawing, splitting, cutting, peeling, slicing, chipping, hogging, grinding, compressing, charring, removing, transporting, preservative treating, extracting, or otherwise fashioning or processing timber on timber holding. .

Substitution

of heading. 5. The principal Act is amended by substituting for the heading "Appointment of Inspectors and their Duties." before section three, a heading as follows

PART IL-ADMINISTRATION AND OFFICERS. .

Addition of

s. 2A.	6. The principal Act is amended by adding immediately before section three a section as follows-
Administra-

tion of Act. 2A. The administration of this Act is under

the control of the Minister. .

1968.] Timber Industry Regulation. [No. 33.

Amendment

7. Section five of the principal Act is amended

to s. 5.

Classifica-

by substituting for paragraph (c) and the following	tion of
proviso, a paragraph as follows	inspectors.

(c) Workmen's inspectors who shall be selected by a panel comprising-

(i)    a nominee of the controlling officer;

(ii) a nominee of the timber workers' trade unions that are registered under the Trade Unions Act, 1902; and

(iii) a District Inspector,

from applicants who are bona fide members

of a timber workers' trade union registered under the Trade Unions Act, 1902 and who have been engaged in practical bush and mill work in the timber industry for at least five years. .

8. Subsection (1) of section eight of the

Amendment

to s. 8.

principal Act is amended by substituting for the

(Terms Of

appointment

word "two", in line two, the word "three".

of

workmen's

inspectors.)

9. Section nine of the principal Act is amended	Amendment
to s. 9.
(Powers of

(a) as to subsection (1)- Inspectors.)

(i)  by substituting for the words "or special", in line one, the passage ", special, or workmen's";

(ii)    by deleting the word "into", in lines one and nine of paragraph (c); and

(iii)    by deleting the words "tram and", in line eleven of paragraph (c);

and

(b) by repealing subsection (2).

No. 33.] Timber Industry Regulation. [1968.

Heading!)

substituted. 10. The principal Act is amended by substituting

for the headings-

(i)

"Registration of Sawmills.", before section

twelve A;

(ii)    "Managers.", before section thirteen; and

(iii)    "General Rules, etc.", before section seven- teen,

the following headings, respectively

"PART III.—REGISTRATION OF SAWMILLS." ;

"PART IV.—MANAGERS." ; and

"PART V.—GENERAL RULES, ETC." .

Amendment

to s.	11. Section seventeen of the principal Act is
(Dangerous

machinery amended

to be guarded.)	(a)	as to subsection (1), by adding after the word "guards", in lines one and twelve, the words "and protective devices" ;
(b)	as to subsection (2), by adding after the word "guard", in lines three and four, the words "or protective device"; and
(c)	by deleting the passage commencing with the word "In", and ending with the passage "fence.", at the end of the section.
Amendment

to a. 18.	12. Subsection (2) of section eighteen of the
(Aid to

injured	principal Act is repealed.
persons.)
Amendment

to s. 20.	13. Section twenty of the principal Act is
(Employees

to satisfy	amended by adding after the word "manager", in
themselves
of safety of	the last line, the words "for immediate attention".
appliances.)

Amendmentto s. 21. 14. Section twenty-one of the principal Act is

(I aSPgeir amended by substituting for the words "a district",

notice	or in line one, the word "an".
defective matters.)

1968.] Timber Industry Regulation. [No. 33.

15.   The principal Act is amended by substituting =Med

for the heading "Regulations.", before section

twenty-three a heading as follows

PART VI.-REGULATIONS. .

16. Section twenty-three of the principal Act is trsegment (Power to

amended—

make

regulations)

(a) as to subsection (4), by deleting the passage ", and the placing of stables at a prescribed distance from dwelling-houses", in lines five and six;

(b) by repealing and re-enacting subsection (5) as follows

(5) For the good order and condition, safety, and use of timber holdings, mills, workshops, mill-gearing, machinery, plant, yards, mill land- ings, bush landings, rolling stock, tractors, timber trucks, and other machines used for snigging and transporting timber and for the safe handling of jockeyed logs. ;

(c) as to subsection (6), by deleting the words "clear of skids and sawdust belt races", in lines two and three;

(d) as to subsection (8), by adding after the word "belts", in line two, the passage ", ropes, and chain drives";

(e) by repealing and re-enacting subsection (11) as follows

(11) For the keeping of landings clear of

bark and other refuse. ;

(f) by repealing and re-enacting subsection (12) as follows

(12) For the drainage of working areas. ;

(g) by repealing subsection (14);

(h) as to subsection (15), by deleting the words "house sites of", in line one;

No. 33.] Timber Industry Regulation. [1968.

(i)   by repealing and re-enacting subsection (17) as follows

(17) To regulate and control the pre- servative treatment of timber and the use in the industry of other processes that may be dangerous or injurious to health. ; and

(j) by repealing and re-enacting subsection (19) as follows

(19) For the appointment of persons as

workmen's inspectors. .

Beading

substituted. 17. The principal Act is amended by substituting

for the heading "Penalties.", before section twenty-

six a heading as follows

PART VII.-PENALTIES. .

Amendment

to a. 27.	18. Section twenty-seven of the principal Act is
(Proceedin

to be takengs

amended

by an

inspector.)

(a)	by deleting the words "district or special inspector or a", in line two; and
(b)	by deleting the words "inspector or", in lines four and seven.

Amendment

to s. 29.	19. Section twenty-nine of the principal Act is
(Application

of	amended
regulations
under this

and other	(a)	by adding, after the section number "29.",
Acts.)	the subsection designation "(1)" ; and
(b)	by adding a subsection as follows

(2) Section forty-seven of the Factories and Shops Act, 1963, does not apply in respect of a timber holding. .