Untitled document

Forests (Dunstan Agreement) (Amendment) Act

1997

Act No. 62/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	2
2.	Commencement	2
3.	Principal Act	2
4.	Ratification of further Agreement	2
5.	New section 7 inserted	2
7. Further power of amendment	2
6.	Amendment of Principal Act	2
7.	New Schedule 2 inserted	3
SCHEDULE 2	3

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NOTES 9

i

Victoria

No. 62 of 1997

Forests (Dunstan Agreement)

(Amendment) Act 1997†

[Assented to 5 November 1997]

Preamble

The Treasurer, the Minister for Conservation and Corporation and A. Dunstan Timber Sales Pty Limited have agreed to certain amendments to an agreement entered into on 7 April 1987 for the supply of softwood for certain operations undertaken by A. Dunstan Timber Sales Pty Ltd.

It is expedient to ratify the agreement for those amendments and to make certain amendments to the Forests (Dunstan Agreement) Act 1987.

Forests (Dunstan Agreement) (Amendment) Act 1997

Act No. 62/1997 s. 1

The Parliament of Victoria therefore enacts as follows:

1. Purpose

The purpose of this Act is to ratify a further
agreement and to amend the Forests (Dunstan

Agreement) Act 1987.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

No. 23/1987.

3. Principal Act Affected by

In this Act, the Forests (Dunstan Agreement)	No. 61/1993.
Act 1987 is called the Principal Act.

4. Ratification of further Agreement

After section 5(1) of the Principal Act insert—

"(1A) The Deed of Amendment, a copy of which is

set out in Schedule 2, is ratified and takes

effect as if it had been enacted in this Act."

5. New section 7 inserted

After section 6 of the Principal Act insert—

"7. Further power of amendment

In addition to the powers under the
Agreement (as amended by the Deed of
Amendment referred to in section 5(1A)),
the Victorian Plantations Corporation and
A. Dunstan Timber Sales Pty Ltd may from
time to time, with the approval of the

Minister, amend the Agreement.".

6. Amendment of Principal Act

In the Principal Act—

Forests (Dunstan Agreement) (Amendment) Act 1997

s. 7 Act No. 62/1997

(a)	in section 3, for "the Schedule" substitute "Schedule 1";
(b)

in section 5(2), for "Forests Commission" Corporation";

(c)	in section 6, after "provisions" insert "or section 7";
(d)

in the heading to the Schedule, for 1".

7. New Schedule 2 inserted

After the Schedule, insert—

'SCHEDULE 2

Deed of Amendment

THIS DEED is made on the 25 day of August 1997

BETWEEN:

(1)	The Honourable, The Treasurer of the State of Victoria; and
(2)	The Honourable, the Minister for Conservation and Land Management
of the State of Victoria; and
(3)	The Victorian Plantations Corporation, of Level 3, 517 Flinders Lane,
Melbourne, Victoria ("VPC"); and
(4)	A. Dunstan Timber Sales Pty Limited (ACN 004 660 333)
(the "Company").

WHEREAS

A. On the 7th April 1987 an Agreement (the "Dunstan Agreement") was

entered into between The Treasurer of the State of Victoria of the first part
and The Minister for Conservation, Forests and Lands of the second part and
the Forests Commission ("the Commission") of the third part and A.
Dunstan Timber Sales Pty Ltd of the fourth part. By section 5 of the Forests

Forests (Dunstan Agreement) (Amendment) Act 1997

Act No. 62/1997 s. 7

(Dunstan Agreement) Act 1987, the Dunstan Agreement was ratified,

validated, approved and given the force of law.

B. On the 23rd April 1986 an Agreement ("Bowater-Scott Agreement")

was entered into between The Treasurer of the State of Victoria of the

first part, and The Minister for Conservation, Forests and Lands of the

second part and the Commission of the third part and Bowater-Scott

Limited of the fourth part. By section 5 of the Forests (Bowater-Scott

Agreement) Act 1986 the Bowater-Scott Agreement was ratified,

validated and approved and given the force of law.

C. Clause 29(1) of the Dunstan Agreement permits VPC and the Company to amend the Dunstan Agreement "by such addition, deletions and variations of matters of detail as may be necessary or desirable to facilitate the carrying on of the industry".

D. By a Notice of Variation dated the 28th day of March 1991 made

between the Acting Director-General of the Department of

Conservation and Environment and the Company, the Dunstan

Agreement was amended pursuant to clause 29(1).

E. By a Notice of Variation dated the 5th day of July 1992 made between

the Director-General of the Department of Conservation and

Environment and the Company, the Dunstan Agreement was amended

pursuant to clause 29(1) but such amendment has been rescinded with

effect from its date of inception.

F. By an Amending Agreement dated the 27 day of March 1997 between

VPC and the Company, the Dunstan Agreement was amended pursuant

to clause 29(1).

G. By section 30 of the Victorian Plantations Corporation Act 1993 any

reference to the Director-General or the Forests Commission in either

of the Dunstan Agreement or the Bowater-Scott Agreement must on

and from 1 July 1993 be taken as a reference to VPC.

Forests (Dunstan Agreement) (Amendment) Act 1997

s. 7 Act No. 62/1997

H. On the 24th day of February 1995 Bowater-Scott Limited changed its

name to Carter Holt Harvey Wood Products Australia Limited

("CHH").

I.        VPC and CHH wish to enter into a log supply contract and to

contemporaneously terminate the Bowater-Scott Agreement in

accordance with clause 30(2) of the Bowater-Scott Agreement.

J. Clause 12 of the Dunstan Agreement sets out the entitlement of

Dunstan to a minimum annual supply of sawlog but such entitlement is

expressed to be "subject always to the existing entitlement to Bowater-

Scott Limited of softwood in the Ovens and Koetong Plantations".

K. The parties wish to amend the Dunstan Agreement so that in the event

that the Bowater-Scott Agreement is determined, the expression "the

existing entitlement to Bowater-Scott Limited" is expressed in more

objective terms, to facilitate the amendment of the Dunstan Agreement

where the approval of the Minister is given and for other purposes.

NOW THIS DEED WITNESSETH:

1.       In clause 1 of the Dunstan Agreement the definition of "Commission"

shall be deleted and the following substituted therefor:

"Commission" means the Forests Commission, its successors and

assigns until 30 June 1993 and on and from 1 July 1993 means

Victorian Plantations Corporation, its successors and assigns.

2.       In clause 12(1) of the Dunstan Agreement the expression "existing

entitlement of Bowater-Scott Limited" shall be deleted and the words

"Reserved Entitlement of the Commission" substituted therefor.

3.       In clause 12(1) of the Dunstan Agreement the expression "Ovens and

Koetong Plantations" where twice appearing shall be deleted and the

expression "Koetong Plantations" substituted therefor.

4.       Clause 12(1)(cc) of the Dunstan Agreement shall be deleted.

Forests (Dunstan Agreement) (Amendment) Act 1997

Act No. 62/1997 s. 7 s. 7

5.       Clause 12(1)(d) and the proviso to clause 12(1)(d) of the Dunstan

Agreement shall be deleted and the following inserted therein:

"(d)	For the period year 1996/97 to year 1999-2000 -
72,000m3 per annum from the Koetong Plantations;
(e)	For the period year 2000/01 to year 2025/26 -
96,000m3 per annum from the Koetong Plantations.

Provided that the Commission gives to the Company the right of first refusal on all volumes of sawlog available from the Koetong Plantations and subject always to the Reserved Entitlement herein before referred to.".

6.       At the end of clause 12 of the Dunstan Agreement the following sub-

clause will be inserted:

"(6) In this clause the expression "Reserved Entitlement" means for the period years 1996-97 to 2025-26 not less than 65,000 cubic metres per annum of sawlogs equal to or greater than 20cm. CDUB with

Radiata Pine as the major species from the Koetong Plantations but not in any event exceeding 375,000 cubic metres in any five year period.".

7.       In clause 29 of the Dunstan Agreement a new subclause (3) will be

inserted:
"(3) The Commission and the Company may with the approval of the

Minister from time to time amend this Agreement where the proposed additions, deletions or variations do not fall within the scope of subclause (1) of this clause.".

8.       The amendments made by clauses 1, 2, 3, 4, 5 and 6 of this Deed will

take effect on the date hereof and remain in force notwithstanding that

the Bowater-Scott Agreement is determined pursuant to clause 29 or

Forests (Dunstan Agreement) (Amendment) Act 1997

Act No. 62/1997

clause 30(2) of the Bowater-Scott Agreement or is validly terminated

for any other reason or cause. The amendment made by clause 7 will

take effect on the date upon which the Parliament of the State of

Victoria ratifies this Deed.

9.       In all other respects the provisions of the Dunstan Agreement as

amended by the Notice of Variation referred to in Recital D and the

Amending Agreement referred to in recital F are confirmed.

10.     The Minister sanctions this Agreement.

IN WITNESS WHEREOF the parties have executed this Deed the day and year

hereinbefore written.

SIGNED, SEALED AND DELIVERED	
by The Honourable, the Treasurer of the	 ALAN R
State of Victoria in the presence of:	 STOCKDALE
MARC CARDEN  Witness
SIGNED, SEALED AND DELIVERED	
by The Honourable, the Minister for	
Conservation and Land Management in the	 MARIE T TEHAN
presence of:	
PENNY CAMPBELL  Witness
The Official Seal of VICTORIAN	
PLANTATIONS CORPORATION was	
hereunto affixed by authority of it's directors in	LS
the presence of:	

R E CLEMENTS, Director K S WHITE, Managing Director
The Common Seal of A. Dunstan Timber Sales	
Pty Limited (ACN 004 660 333) was hereunto	
affixed by authority of a resolution of its Board	
of Directors under the hands of a Director and	 LS
Secretary thereof both being duly authorised in	
that behalf in the presence of:	

Forests (Dunstan Agreement) (Amendment) Act 1997

Act No. 62/1997 s. 7

A VOGT, Director

G FABER, Secretary '.

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Forests (Dunstan Agreement) (Amendment) Act 1997

Notes Act No. 62/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 15 October 1997

The long title for the Bill for this Act was "to ratify a further agreement
and to amend the Forests (Dunstan Agreement) Act 1987 and for other
purposes."