Export Control (Hardwood Wood Chips) (1996) Regulations (Amendment) 1998 No. 54
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 54
Issued by the Authority of the Minster for Primary Industries and Energy
Export Control Act 1982
Export Control (Hardwood Wood Chips) (1996) Regulations (Amendment)
The Export Control Act 1982 (the Act) commenced in 1982 in order to provide for the control of the export of certain prescribed goods.
Section 25 of the Act provides that the Governor-General may make regulations for the purpose of the Act. The Export Control (Unprocessed Wood) Regulations, the Export Control (Hardwood Wood Chips) (1996) Regulations (the 1996 Regulations'), and the Export Control (Regional Forest Agreements) Regulations (the 'RFA Regulations') provide necessary support to the Act by prescribing export licensing arrangements for unprocessed wood and woodchips.
The Schedule to the 1996 Regulations (the 'Schedule') previously described eleven forest regions to which both the 1996 Regulations and the RPA Regulations refer. Under the 1996 Regulations, transitional and other export licences are restricted to a specified region or regions, as described in the Schedule. Under the RFA Regulations, export licensing controls on unprocessed wood and woodchips derived from native forests for a specified region, as described in the Schedule, are effectively removed while ever that region is covered by an Regional Forest Agreement ('RFA').
The RFA process is a dynamic one and, over time, the parties found that the original regional boundaries described in the Schedule were not appropriate for some of the regions. For example, the Schedule described the South Region in New South Wales as comprising eight Management Areas. including the Eden Management Areas. The Commonwealth and the New South Wales Governments, however, agreed it was more appropriate to consider the Eden Management Area as a separate RFA region. Minor boundary changes were also agreed between the Commonwealth and Victorian Governments in relation to the Central Highlands, North East and Gippsland Regions in Victoria. Further changes to other region descriptions can be expected over time.
The Export Control (Hardwood Wood Chips) (1996) Regulations (Amendment) (the 'Amendment Regulations') amend the regional descriptions, as agreed above, and incorporate savings provisions which ensure the validity of existing transitional export licences am not affected, except that:
* the Minister (or delegate) must consider whether to reduce the authorised export mass for a transitional licence if that licence covers a region and an RFA comes into force for part of that region; and
* any reduction made is not available for re-allocation and is subject to appeal.
Details of the Amendment Regulations are set out below:
Regulation 1 provides that the Amendment Regulations commence on gazettal.
Regulation 2 provides that the 1996 Regulations are amended as set out in the Amendment Regulations
Regulation 3 inserts a new Regulation 12A, to provide for the situation where a transitional licence may have been issued for an old region, but an RFA comes into force. for only part of that region. In such circumstances, the validity of the licence is not affected by the coming into force of the RFA (12A(1)(a)). However, in such a situation, the Minister must decide whether. or to what extent, the authorised export mass under that licence should be reduced (12A(1)(b)). In making that decision the Minister must Consider the need to ensure the reduced authorised mass reasonably reflects the suitability of the remaining areas in the old region not covered by an RFA to supply woodchips; and any other relevant matter (12A(2)).
Any reduction so decided by the Minister does not affect the licence's authorised mass for the purpose of calculating the maximum aggregate mass of woodchips that the Minister may authorise for export under all transitional licences in force in any year under subregulation 10(2) of the 1996 Regulations (12A(3)). This ensures any mass deducted from a transitional licence in accordance with Regulation 12A is not available for re-allocation, as such re-allocation could result in the maximum aggregate mass ceiling imposed under subregulation 10(2)) being effectively avoided.
Regulation 4 amends the Schedule to the 1996 Regulations to reflect the changed description for the Central Highlands, North East and Gippsland Regions of Victoria, together with the descriptions for the new Eden Region in New South Wales.
Regulation 5 amends provisions under Part 7 of the 1996 Regulations - Reconsideration and Review of Decisions - to allow a transitional licence holder to appeal against.(or seek reconsideration of) a decision by the Minister (or delegate, under Regulation 40) in relation to the reduction of the authorised export mass of that licence under Regulation 12A.
The Amendment Regulations commenced upon gazettal.
Overview
The Export Control (Hardwood Wood Chips) (1996) Regulations (Amendment) 1998 No. 54 was enacted to address the need for updating the regional boundaries described in the Export Control (Hardwood Wood Chips) (1996) Regulations, which were established to provide export licensing arrangements for unprocessed wood and woodchips. These amendments were introduced to align with the evolving Regional Forest Agreement process, ensuring that the regional definitions within the regulations are accurate and appropriate. The Export Control Act 1982, under Section 25, empowers the Governor-General to make regulations necessary for the control of the export of prescribed goods, and the 1996 Regulations provided support to this Act by detailing export licensing arrangements for unprocessed wood and woodchips.
The policy objective of these Amendment Regulations is to refine the regional descriptions to better reflect the current understanding and agreements between the Commonwealth and state governments regarding the Regional Forest Agreements. The changes include treating the Eden Management Area as a separate RFA region in New South Wales and making minor boundary adjustments in Victoria. Additionally, the Amendment Regulations incorporate provisions to ensure that existing transitional export licences are not unduly affected by these changes, and provide a mechanism for licence holders to appeal decisions related to the reduction of authorised export mass.
Scope and Application
The Export Control (Hardwood Wood Chips) (1996) Regulations (Amendment) 1998 applies to entities and persons involved in the export of hardwood wood chips and unprocessed wood, particularly those subject to the Export Control Act 1982 and the Export Control (Hardwood Wood Chips) (1996) Regulations. This amendment targets the forestry industry, specifically those who hold or apply for export licences for hardwood wood chips within the regions affected by changes in regional forest agreements. The regulations are applicable nationally across Australia, providing a uniform approach to the export control of these commodities. Notably, the regulations do not apply to exports that fall under different export control regulations, such as those covered by the Export Control (Unprocessed Wood) Regulations or Export Control (Regional Forest Agreements) Regulations. The Amendment Regulations allow for the modification of regional boundaries to better align with Regional Forest Agreements, ensuring that the export controls are in line with the most current and agreed-upon regional classifications. These amendments also include provisions for the reconsideration and review of decisions regarding the reduction of authorised export masses, ensuring that the process is transparent and fair for all stakeholders involved.
Key Provisions
The Export Control (Hardwood Wood Chips) (1996) Regulations (Amendment) 1998 No. 54 (the "Amendment Regulations") modify the Export Control (Hardwood Wood Chips) (1996) Regulations (the "1996 Regulations") to adjust the descriptions of certain forest regions and to introduce provisions concerning the reduction of authorised export masses for transitional export licences when Regional Forest Agreements (RFAs) come into force for parts of those regions. Regulation 2 of the Amendment Regulations provides that the 1996 Regulations are amended as set out in the Amendment Regulations. Regulation 3 inserts a new Regulation 12A, which addresses the scenario where a transitional licence may cover a region but an RFA only applies to part of that region. Regulation 12A(1)(a) ensures that the validity of the licence is not affected by the RFA coming into force, while 12A(1)(b) mandates that the Minister (or delegate) must consider reducing the authorised export mass of the licence. The decision must reflect the suitability of the remaining areas not covered by the RFA to supply woodchips and consider any other relevant matters, as outlined in 12A(2). Regulation 12A(3) stipulates that any reduction in the authorised mass does not affect the licence's authorised mass for calculating the maximum aggregate mass of woodchips that the Minister may authorise for export under all transitional licences in force in any year, ensuring that any deducted mass cannot be re-allocated. Regulation 4 amends the Schedule to the 1996 Regulations to reflect the new regional descriptions, including the separate Eden Region in New South Wales and adjusted descriptions for the Central Highlands, North East, and Gippsland Regions in Victoria. Regulation 5 introduces provisions allowing a transitional licence holder to appeal (or seek reconsideration of) a decision by the Minister (or delegate) regarding the reduction of the authorised export mass under Regulation 12A.
The Amendment Regulations impose obligations on the Minister and licence holders. The Minister (or delegate) is required to consider reducing the authorised export mass of a transitional licence if an RFA comes into force for part of the region covered by that licence, ensuring the reduced mass reasonably reflects the suitability of the remaining areas not covered by the RFA to supply woodchips, as mandated in Regulation 12A(2). The licence holder gains the right to appeal or seek reconsideration of any decision made by the Minister regarding the reduction of the authorised export mass under Regulation 12A, as introduced in Regulation 5.
Failure to comply with the provisions of the Amendment Regulations may result in legal consequences. While the Amendment Regulations themselves do not explicitly state specific penalties for breaches, non-compliance with the Export Control Act 1982 or the 1996 Regulations could lead to criminal or civil penalties as outlined in the primary legislation. For instance, under the Export Control Act 1982, unauthorised exports may be subject to penalties such as fines and imprisonment. The specific penalties depend on the nature and severity of the breach and are defined in the Act.