Timber Marketing Regulation 2000 (NSW)
This Regulation is the Timber Marketing Regulation 2000.
This Regulation commences on 1 September 2000.
This Regulation replaces the Timber Marketing Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation:
A reference in any provision of this Regulation to the abbreviation “AS” or “AS/NZS” followed by a group of numerals or letters, or numerals and letters, is a reference to:
(a) the Australian Standard indicated by that group, and
(b) all additions and amendments (if any) to that Australian Standard issued before the date on which that provision takes effect.
When a standard, or a clause of a standard, specified in clause 11 or Column 3 of Schedule 2 is applied by this Regulation, a reference in the standard or clause to a time or date at which compliance with the specification as to moisture content is recommended or required is to be disregarded.
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
References in this Regulation to the Commission are references to the Forestry Commission of New South Wales.
Section 20 of the Act deals with the determination of an application for approval of a preservative treatment and the registration of a brand to be used in branding timber that is treated by using that kind of treatment.
For the purposes of paragraph (b) of the definition of
Dissolve 14 grams of potassium iodide in 20 to 30 millilitres of distilled water. Into this solution dissolve 7 grams of iodine crystals. Make up to 1 litre with distilled water. | |
Apply the freshly prepared solution evenly over the surface to be tested. Ensure that the solution does not come into contact with any metal before the test is started. |
For the purposes of paragraph (b) of the definition of
• The appearance of blue or blue-black granules immediately after the application of the solution.
For the purposes of paragraph (d) of the definition of
For the purposes of the definition of
(a) articles intended or designed to be used permanently in fixed contact with the ground or articles intended or designed to be permanently exposed to weathering, excluding:
(i) furniture, and
(ii) ladders, and
(iii) articles intended or designed to be used for the purpose of building construction, such as scaffold planks, scaffolding and similar articles,
(b) articles intended or designed to be used in the preparation of food or in direct contact with prepared food, such as bread boards and butcher’s blocks,
(c) articles intended or designed to be destroyed through use or discarded or abandoned after use, such as matches, toothpicks and packing cases.
Section 9 of the Act prohibits the sale of articles containing lyctid susceptible sapwood. Section 4 of the Act (Definitions) defines
For the purposes of section 6 (2) of the Act, the prescribed warning is as follows:
(Section 6 (2) of the Timber Marketing Act 1977)
This framing timber may have lyctid susceptible sapwood comprising more than 25 per cent of the perimeter of any cross section or more than 50 per cent of any face or edge at any cross section. If attacked by lyctids, it may become so weakened as no longer to possess the normal strength properties of the timber.
For the purposes of section 6 (2) of the Act, the prescribed manner of giving the prescribed warning is:
(a) in the case of the timber sold in the presence of the purchaser or the purchaser’s agent by handing to the purchaser or the agent, at or before the time of sale, an invoice, a sales docket or some other document on which is legibly written the prescribed warning, with the first 5 words being in letters not less than 5 millimetres high and the remaining words being in letters not less than 2 millimetres high, or
(b) in the case of timber sold in the presence of the purchaser or the purchaser’s agent and described in an advertisement, or a notice, that is attached to the timber or conspicuously displayed adjacent to the timber—by including the prescribed warning in a prominent place in the advertisement or notice, or
(c) in the case of timber sold otherwise than in the presence of the purchaser or the purchaser’s agent:
(i) by handing to the purchaser or the agent at the time of delivery of the timber, or
(ii) by forwarding to the purchaser before the time of delivery and in such a way as should, in the normal course of events, result in the purchaser receiving the instrument at or before the time of delivery,
a document on which the prescribed warning is legibly written.
Section 6 of the Act prohibits the sale of framing timber containing more than a certain percentage of lyctid susceptible sapwood.
For the purposes of section 8 (2) of the Act, the following are prescribed classes of timber:
(a) fence palings, fence battens and fence droppers,
(b) veneers,
(c) timber less than 1,500 square millimetres in cross section area (except light decking),
(d) timber less than 15 millimetres in thickness (except light decking),
(e) timber less than 500 millimetres in length.
Section 8 of the Act prohibits the sale of certain timber unless it is free of susceptible sapwood.
If the timber referred to in a provision of the Act specified in Column 2 of Schedule 2 is of a class specified opposite that provision in Column 1 of that Schedule, then, for the purposes of that provision:
(a) the prescribed standard for the moisture content of that timber is that set out in the clause of an Australian Standard specified in Column 3 of that Schedule opposite the reference to that class of timber, and
(b) the prescribed manner for determining that moisture content is that set out in that clause.
The provisions of the Act to which this clause relates are section 12 (d) (i), 12A (b) (i) and 14 (1).
Section 12 of the Act prohibits the sale of timber described as kiln dried, air dried, dry or seasoned, unless the timber complies with specified standards relating to moisture content.
Section 12A of the Act prohibits the sale of a prescribed class or description of timber, unless the timber complies with specified standards relating to moisture content.
Section 14 of the Act prohibits the use of timber in the erection of a building if the timber does not comply with the prescribed standard as to moisture content.
For the purposes of section 12A of the Act, the following are prescribed classes of timber:
(a) all timber of a class specified in Column 1 of Schedule 2,
(b) lining boards,
(c) cladding,
(d) flooring timber,
(e) moulding timbers,
(f) joinery timbers,
(g) timber used in the manufacture of indoor furniture,
(h) fascia boards,
(i) barge boards,
(j) light decking.
Section 12A of the Act prohibits the sale of a prescribed class or description of timber, unless the timber complies with specified standards relating to moisture content.
For the purposes of sections 13 (1) and 13A (1) of the Act, the following articles are prescribed:
(a) portable ladders, stepladders and trestles,
(b) scaffold planks,
(c) frames and sashes for windows,
(d) timber doors and their hanging frames,
(e) handles for tools,
(f) base blocks for the mounting of electrical accessories.
For the purposes of sections 13 (1) and 13A (1) of the Act, the following classes of articles are prescribed:
(a) gymnasium equipment,
(b) marine craft.
Section 13 of the Act prohibits the use of timber in the manufacture of furniture and articles of a prescribed class if the timber does not comply with the prescribed standard as to moisture content.
Section 13A of the Act prohibits the sale of furniture and certain other classes of articles if the moisture content of the timber used in the manufacture of the furniture or those articles does not comply with the required standard.
For the purposes of sections 13 (1) (a) and 13A (1) (b) (i) of the Act, the prescribed standard for the moisture content of timber or a class of timber is as follows:
(a) in the case of timber used in the manufacture of portable ladders, stepladders and trestles—the moisture content specified in AS 1688–1974,
(b) in the case of timber used in the manufacture of scaffold planks—the moisture content specified in AS 1577–1974 or AS 1578–1974, as the case requires,
(c) in the case of timber used in the manufacture of frames and sashes for windows—the moisture content specified in AS 1540–1974,
(d) in the case of timber used in the manufacture of timber doors—the moisture content specified in AS 2688–1984,
(e) in the case of timber used in the manufacture of timber doors and their hanging frames—the moisture content specified in AS 2689–1984,
(f) in the case of timber used in the manufacture of handles for tools—the moisture content specified in AS 1729–1975,
(g) in the case of timber used in the manufacture of gymnasium equipment—the moisture content specified in AS Z12–1962,
(h) in the case of timber used in the manufacture of marine craft—the moisture content specified in AS 1738–1975 or AS 2272–1979, as the case requires.
Section 13 of the Act prohibits the use of timber in the manufacture of furniture and articles of a prescribed class if the timber does not comply with the prescribed standard as to moisture content.
Section 13A of the Act prohibits the sale of furniture and certain other classes of articles if the moisture content of the timber used in the manufacture of the furniture or those articles does not comply with the required standard.
For the purposes of sections 12 (c), 12 (d) (ii), 12A (a), 12A (b) (ii), 13 (1) (b), 13A (1) (a) and 13A (b) (ii) of the Act, the prescribed manner for determining the moisture content of timber referred to in those provisions is as follows:
(a) in the case of veneer, plywood or blockboard—the oven-drying method for determining moisture content specified in AS 2098.1–1977,
(b) in the case of particle board—the method for determining moisture content specified in AS 1859–1980,
(c) in all other cases—the oven-drying method for determining moisture content specified in AS 1080 Part I–1972.
Section 12 of the Act prohibits the sale of timber described as kiln dried, air dried, dry or seasoned, unless the timber complies with specified standards relating to moisture content.
Section 12A of the Act prohibits the sale of a prescribed class or description of timber, unless the timber complies with specified standards relating to moisture content.
Section 13 of the Act prohibits the use of timber in the manufacture of furniture and other classes of articles if the timber does not comply with the prescribed standard as to moisture content.
Section 13A of the Act prohibits the sale of furniture and certain other classes of articles if the moisture content of the timber used in the manufacture of the furniture or those articles does not comply with the required standard.
For the purposes of sections 16 (2) and 17 (2) of the Act, the following are prescribed classes of timber:
(a) fence palings, fence battens and fence droppers,
(b) veneers,
(c) timber less than 1,500 square millimetres in cross section area (except light decking),
(d) timber less than 15 millimetres in thickness (except light decking),
(e) timber less than 500 millimetres in length.
Section 16 of the Act prohibits the sale of timber described as being “preservative treated” unless the timber has been treated by a means of preservative treatment approved by the Commission and is branded with the appropriate registered brand.
Section 17 of the Act prohibits a person who owns or controls a preservative treatment plant from allowing certain timber to leave the plant unless the timber is treated by means of a preservative treatment approved by the Commission and is branded with the appropriate registered brand.
The Commission must keep records of all approvals of preservative treatments and all brands registered in respect of those approvals.
Any person who wishes to do so may inspect the records of registered brands at the office of the Commission at Pennant Hills, New South Wales, whenever the office is open to the public.
(Repealed)
An application under section 18 (1) of the Act must be accompanied by a fee of $150 for each approval sought.
Section 18 of the Act provides for applications for approval of preservative treatments and for the registration of brands.
(Repealed)
An application under section 23 (1) of the Act must be accompanied by a fee of $150 for each approval sought to be renewed.
Section 23 of the Act provides for the renewal of approvals for preservative treatments and of the registration of brands.
(Repealed)
An application under section 24 (1) of the Act must be accompanied by a fee of $75 for each approval sought to be varied.
Section 24 of the Act provides for the variation of approvals for preservative treatments and the registration of brands.
(Repealed)
An application under section 25 (2) of the Act must be accompanied by a fee of $75 for each consent to the transfer of an approval.
Section 25 of the Act provides for the transfer of approvals for preservative treatments and the registration of brands with the consent of the Commission.
(Repealed)
A form of application for approval or consent containing any directions for its completion must be completed in accordance with those directions.
In addition to any particulars required by a form of application for approval or consent to be provided on the form, the Commission may require a person to provide it with such further particulars with respect to the application as it considers necessary to determine whether the approval or consent should be given.
The Commission may reject an application for an approval or consent if the applicant fails:
(a) to complete the application form, or
(b) to comply with subclause (2) when completing that form, or
(c) to provide the Commission with any particulars with respect to the application, within a reasonable period after being requested to do so in accordance with subclause (3), or
(d) to pay to the Commission any fee required by this Regulation to accompany the application.
For the purposes of section 27 (1) of the Act, the prescribed form is Form 5 set out in Schedule 3.
Section 27 of the Act enables the Commission to authorise persons to carry out inspections and tests for the purposes of the Act and empowers those persons to enter premises where timber is processed or sold or where a preservative treatment is used, timber is branded or used in the manufacture of articles, or timber or articles are held or stored.
For the purposes of section 32A (2) (a) of the Act, the prescribed form of notice is one which complies with the following requirements:
(a) the notice must consist of the words “NOT FOR SALE” and those words only,
(b) the words “NOT FOR SALE” must be printed in bold faced capital letters not less than 50 millimetres in height and 30 millimetres in width,
(c) the notice must not contain any alterations or erasures.
For the purposes of section 32A (2) (a) of the Act, the prescribed manner is to attach the notice to, or exhibit it near, the timber or articles so that:
(a) the notice is clearly visible to any person who is standing close to the timber or article, and
(b) it is clear as to which timber or article the notice relates.
Section 32A of the Act establishes a rebuttable presumption that, in proceedings for an offence against the Act brought against a person who carries on a business of selling timber or timber articles, timber or a timber article found at a place of business of the person are for sale unless a notice is attached to or exhibited near the timber or article stating that the timber or article is not for sale.
A person to whom an approval has been given or transferred must notify the Commission of any change in the person’s address in New South Wales for the giving of notices under the Act. The notice must be given within 1 month after the change of address.
Maximum penalty: 5 penalty units.
A person must not, in or in connection with an application made under this Regulation, give information to the Commission that the person knows, or has reasonable cause to suspect, is false or misleading in a material particular.
Maximum penalty: 5 penalty units.
Any act, matter or thing that, immediately before the repeal of the Timber Marketing Regulation 1995, had effect under that Regulation is taken to have effect under this Regulation.
(Clause 4 (3))
Column 1 | Column 2 |
Common name | Scientific name |
alder, rose | Caldcluvia australiensis |
almond, rose | Owenia venosa |
ash, mountain | Eucalyptus regnans |
ash, pink | Alphitonia petriei |
ash, red | Alphitonia excelsa Alphitonia whitei |
ash, silvertop | Eucalyptus sieberi |
backhousia, stony | Backhousia hughesii |
belah | Casuarina cristata |
blackbutt | Eucalyptus pilularis |
box, brush | Lophostemon confertus |
box, ironwood | Choricarpia subargentea Choricarpia leptopetala |
box, kanuka | Tristania laurina Tristania exiliflora |
box, swamp | Tristania suaveolens |
box, white | Eucalyptus albens |
box, white-topped | Eucalyptus quadrangulata |
box, yellow | Eucalyptus melliodora |
coachwood | Ceratopetalum apetalum |
gum, grey | Eucalyptus propinqua Eucalyptus major Eucalyptus punctata |
gum, scribbly | Eucalyptus racemosa Eucalyptus micrantha Eucalyptus signata |
hardwood, Johnstone River | Backhousia bancroftii |
holywood, yellow | Premna lignum-vitae |
ironbark, grey | Eucalyptus drepanophylla Eucalyptus paniculata Eucalyptus siderophloia |
ironbark, gum-topped | Eucalyptus decorticans |
ironbark, red-broad-leaved | Eucalyptus fibrosa subsp. fibrosa |
ironbark, red-narrow-leaved | Eucalyuptus crebra |
ironbark, silver-leaved | Eucalyptus melanophloia |
mahogany, white | Eucalyptus acmenoides Eucalyptus umbra subsp. umbra Eucalyptus umbra subsp. carnea |
malletwood | Rhodamnia argentea |
malletwood, brown | Rhodamnia rubescens |
malletwood, silver | Rhodamnia acuminata |
mangrove, grey | Avicennia marina var. australasica |
maple, Queensland | Flindersia brayleyana |
maple, silkwood | Flindersia pimenteliana |
maple, scented | Flindersia laevicarpa var. laevicarpa |
messmate, Gympie | Eucalyptus cloeziana |
myall | Acacia pendula |
oak, bull | Allocasuarina leuhmannii |
penda, brown | Xanthostemon chrysanthus |
penda, red | Xanthostemon whitei |
penda, southern | Xanthostemon oppositifolius |
penda, yellow | Tristania pachysperma |
saffronheart | Halfordia kendack Halfordia scleroxyla |
sandalbox | Eremophila mitchellii |
sassafras | Daphnandra dielsii Doryphora sassafras Daphnandra repandula Daphnandra micrantha Doryphora aromatica |
sassafras grey | Dryadodaphne novoguineensis |
satinay | Syncarpia hillii |
she-oak, beach | Casuarina equisetifolia Casuarina equisetifolia var. incana |
she-oak, black | Allocasuarina littoralis |
she-oak, river | Casuarina cunninghamiana |
she-oak, rose | Allocasuarina torulosa |
stringybark, blackdown | Eucalyptus sphaerocarpa |
stringybark, white | Eucalyptus eugenioides Eucalyptus phaeotricha |
stringybark, yellow | Eucalyptus muellerana |
sycamore, silver | Cryptocarya glaucescens |
tea-tree, river | Melaleuca bracteata |
turpentine | Syncarpia glomulifera |
wattle, ironwood | Acacia excelsa |
yapunyah, mountain | Eucalyptus thozetiana |
yarran | Acacia homalophylla |
Column 1 | Column 2 |
Common name | Scientific name |
beech, silver | Nothofagus menziesii |
chengal | Balanocarpus spp. |
dabarima | Planchonia spp. |
gaboon | Aucoumea klaineana |
genonggang | Cratoxylon arborescens |
giam | Hopea spp. |
kamarere | Eucalyptus deglupta |
kapur | Dryobalanops spp. |
malas | Homalium spp. |
medang | Cinnamomum spp. |
vitex | Vitex spp. |
(Clauses 3 (3), 8, 9)
Column 1 | Column 2 | Column 3 |
Class of timber | Provision of the Act for which standard is prescribed | Standard |
1 | ||
Sawn, dressed or sized hardwood which is intended for structural purposes and which has been stress graded by visual means | Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.8 of AS 2082–2000 |
2 | ||
Sawn, dressed or sized softwood which is intended for structural purposes and which has been stress graded by visual means | Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.8 of AS 2858–1986 |
3 | ||
Strip flooring, light decking, parquet flooring, lining boards, dressed boards, joinery and mouldings, cladding, fascia and bargeboards, sawn boards for feedstock (dressing), overlay strip flooring | Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 2.2 of AS 2796.1–1999 |
4 | ||
| Sections 12 (d) (i) and 12A (b) (i) |
|
Section 14 (1) |
| |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.7 of AS 1492–1973 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.7 of AS 1493–1973 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.7 of AS 1494–1973 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.8 of AS 1495–1973 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.7 of AS 1496–1973 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.6 of AS 1497–1973 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.6 of AS 1498–1973 |
5 | ||
| Sections 12 (d) (i) and 12A (b) (i) |
|
Section 14 (1) |
| |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.6 of AS 1782–1975 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.6 of AS 1783–1975 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.7 of AS 1784–1975 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.6 of AS 1785–1975 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.6 of AS 1786–1975 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.6 of AS 1787–1975 |
6 | ||
Flooring boards, light decking, lining, dressed boards, joinery stock and mouldings, cladding, fascia and bargeboards | Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 2.1 of AS 1810–1995 |
7 | ||
Timber used in frames and sashes for windows | Section 14 (1) | Clause 3.2.1.3 of AS 2047–1999 |
8 | ||
| Section 14 (1) | Clause 2.5 of AS 2688–1984 |
| Section 14 (1) | Clause 2.2 of AS 2689–1984 |
9 | ||
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.7 of AS/NZS 2269–1994 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.7 of AS/NZS 2270–1999 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.7 of AS/NZS 2271–1999 |
| Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 1.8 of AS 2272–1996 |
10 | ||
Particleboard produced by flat pressing or means other than the extrusion process | Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 2.3 of AS/NZS 1859.1–1997 |
11 | ||
Medium density fibreboard produced by mat forming | Sections 12 (d) (i), 12A (b) (i) and 14 (1) | Clause 2.3 of AS/NZS 1859.2–1997 |
(Clause 20)
(Repealed)
No
Sydney, [
This certificate certifies that
[
The seal of the Forestry Commission of New South Wales was affixed to this certificate on the date mentioned above in the presence of:
Secretary
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