Timber Marketing Regulation 2005 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Timber Marketing Act 1977.

Minister for Primary Industries

Part 1Preliminary1Name of Regulation

This Regulation is the Timber Marketing Regulation 2005.

2Commencement

This Regulation commences on 1 September 2005.

Note—

This Regulation replaces the Timber Marketing Regulation 2000 which is repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

approval means an approval of a preservative treatment given under section 20 (1) (a) of the Act.

Australian Standard means a Standard issued by Standards Australia.

the Act means the Timber Marketing Act 1977.

(2)

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.

Note—

AS 2688 and AS 2689, which are referred to in this Regulation, are listed as “obsolescent” by Standards Australia, and AS Z12 (which is also referred to) has been withdrawn. However, none of those Standards has yet been superseded, and they are available from Standards Australia.

(3)

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.

(4)

Notes included in this Regulation do not form part of this Regulation.

Part 2Lyctid susceptible sapwood4Prescribed test and result and prescribed list of species(1)

For the purposes of paragraph (b) of the definition of lyctid susceptible sapwood in section 4 (1) of the Act, the following test is a prescribed test:

Step 1

Preparation of reagent:

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 and store in a dark bottle.

Step 2

Application:

Apply the solution evenly over a freshly-split radial of the timber to be tested. Ensure that the solution does not come into contact with any metal before the test is started.

(2)

For the purposes of paragraph (b) of the definition of lyctid susceptible sapwood in section 4 (1) of the Act, the following result is prescribed for the test referred to in subclause (1):

• •

  The appearance of blue or blue-black granules immediately after the application of the solution.

(3)

For the purposes of paragraph (d) of the definition of lyctid susceptible sapwood in section 4 (1) of the Act, the species of trees listed in Schedule 1 are prescribed species.

5Prescribed classes of articles that may be sold having lyctid susceptible sapwood

For the purposes of the definition of article in section 4 (1) of the Act, the following are prescribed as classes of articles:

• (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.

6Form of warning to be given for purposes of section 6 (2) of Act(1)

For the purposes of section 6 (2) of the Act, the prescribed warning is as follows:

Warning as to lyctid susceptibility

(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.

(2)

For the purposes of section 6 (2) of the Act, the prescribed manner of giving the prescribed warning is:

• (a)

  in the case of 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.

7Prescribed classes of treated timber that need not be individually branded

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.

Part 3Moisture content of timber8Prescribed standards for moisture content of timber and for determining that content

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.

9Prescribed classes of timber to be dried or seasoned or described as unseasoned

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.

10Prescribed articles and classes of articles for the purposes of sections 13 (1) and 13A (1) of Act(1)

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.

(2)

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.

11Prescribed standard for timber used in manufacture and sale of prescribed articles

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 1892.2—1992,

• (b)

  in the case of timber used in the manufacture of scaffold planks—the moisture content specified in AS 1577—1993,

• (c)

  in the case of timber used in the manufacture of frames and sashes for windows—the moisture content specified in AS 2047—1999,

• (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—1994,

• (g)

  in the case of timber used in the manufacture of gymnasium equipment—the moisture content specified in AS Z12,

• (h)

  in the case of timber used in the manufacture of marine craft—the moisture content specified in AS/NZS 2272—1996.

12Prescribed manner for determining moisture content of certain timber

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/NZS 2098.1—1996,

• (b)

  in the case of particle board—the method for determining moisture content specified in AS 1859.1—2004,

• (c)

  in all other cases—the oven-drying method for determining moisture content specified in AS 1080.1—1997.

Part 4Preservative treatment of timber13Prescribed classes of treated timber that need not be individually branded

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.

14Commission to keep records of approvals and registered brands(1)

The Commission must keep records of all approvals of preservative treatments and all brands registered in respect of those approvals.

(2)

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.

15Application for approval of preservative treatment and registration of brand

An application under section 18 (1) of the Act must be accompanied by a fee of $150 for each approval sought.

16Application for renewal of approval of preservative treatment and registration of brand

An application under section 23 (1) of the Act must be accompanied by a fee of $150 for each approval sought to be renewed.

17Application for variation of approval of preservative treatment and registration of brand

An application under section 24 (1) of the Act must be accompanied by a fee of $75 for each approval sought to be varied.

18Application for transfer of approval of preservative treatment and registration of brand

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.

Part 5Miscellaneous19Approved forms for purposes of Act(1)

An approved form containing any directions for its completion must be completed in accordance with those directions.

(2)

In addition to any particulars required by an approved 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.

(3)

The Commission may reject an application for an approval or consent if the applicant fails:

• (a)

  to complete the approved form of the application, or

• (b)

  to comply with subclause (1) 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 (2), or

• (d)

  to pay to the Commission any fee required by this Regulation to accompany the application.

20Form of certificate of authority

For the purposes of section 27 (1) of the Act, the prescribed form is Form 1 in Schedule 3.

21Form of prescribed “not for sale” notice(1)

For the purposes of section 32A (2) (a) of the Act, the prescribed form of notice is one that 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.

(2)

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.

Note—

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, any timber or timber article found at a place of business of the person is 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.

22Offence to fail to notify change of address

A person to whom an approval has been given or transferred must notify the Commission of any change in the person’s address 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.

23Savings provision

Any act, matter or thing that, immediately before the repeal of the Timber Marketing Regulation 2000, had effect under that Regulation is taken to have effect under this Regulation.

Schedule 1Prescribed species of trees

(Clause 4 (3))

Part 1Indigenous species

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

Eucalyptus 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

Part 2Exotic species

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.

Schedule 2Prescribed standards for moisture content of timber

(Clauses 3 (3), 8 and 9)

Column 1	Column 2	Column 3
Class of timber	Provision of the Act for which standard is prescribed	Standard
1	Stress graded sawn, dressed or sized hardwood intended for structural purposes:
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	Stress graded sawn, dressed or sized softwood intended for structural purposes:
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—2004
3	Hardwood sawn and milled products:
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	Softwood sawn and milled products:
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 4785.1—2000
5	Cypress milled products:
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
6	Window frames and sashes:
Timber used in frames and sashes for windows	Section 14 (1)	Clause 3.2.1.3 of AS 2047—1999
7	Doors and their hanging frames:
(a) Timber used in doors	Section 14 (1)	Clause 2.5 of AS 2688—1984
(b) Timber used in the hanging frames for doors	Section 14 (1)	Clause 2.2 of AS 2689—1984
8	Plywood and blockboard:
(a) Structural plywood	Sections 12 (d) (i), 12A (b) (i) and 14 (1)	Clause 1.7 of AS/NZS 2269—2004
(b) Plywood and blockboard intended for non-structural uses where the material is fully protected from the weather or damp conditions, other than blockboard for use in flush doors with blockboard infill	Sections 12 (d) (i), 12A (b) (i) and 14 (1)	Clause 1.7 of AS/NZS 2270—1999
(c) Plywood and blockboard intended for uses where the material is exposed to the weather or damp conditions, other than blockboard for use in flush doors with blockboard infill	Sections 12 (d) (i), 12A (b) (i) and 14 (1)	Clause 1.7 of AS/NZS 2271—2004
(d) Marine plywood	Sections 12 (d) (i), 12A (b) (i) and 14 (1)	Clause 1.8 of AS/NZS 2272—1996
9	Particleboard:
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—2004
10	Medium density fibreboard:
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—2004

Schedule 3Form

(Clause 20)

Form 1Certificate of authorityTimber Marketing Act 1977, section 27

No

Sydney, [date]

This certificate certifies that [name] [whose photograph is attached] is a person authorised under section 27 (1) of the Timber Marketing Act 1977 to exercise and perform the powers, authorities, duties and functions under that section and section 27A of that Act.

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