Export Control (Hardwood Wood Chips) Regulations (Amendment)

Overview

The Export Control (Hardwood Wood Chips) Regulations (Amendment) 1995 No. 388, issued under the authority of the Minister for Resources, amends the Export Control (Hardwood Wood Chips) Regulations to further regulate the export of hardwood wood chips from Tasmania. The Export Control Act 1982, which was enacted by the Parliament of Australia, was designed to control the export of certain prescribed goods, including hardwood wood chips, to ensure that these exports do not harm the domestic environment or resources. The specific problem these regulations aim to address is the protection of environmentally sensitive areas in Tasmania from unsustainable timber harvesting practices. By amending the definition of the "Tasmania Region" in the Schedule to the Export Control (Hardwood Wood Chips) Regulations, the policy objective is to prohibit the sourcing of wood chips for export from areas in Tasmania that are already reserved from timber harvesting, thus promoting sustainable forestry practices and conservation.

Scope and Application

The Export Control (Hardwood Wood Chips) Regulations (Amendment) 1995 No. 388 applies to the regulation of the export of hardwood wood chips, specifically targeting the geographical sourcing of these chips within the Tasmania Region as defined in the Schedule to the Export Control (Hardwood Wood Chips) Regulations. The Act extends to the control of exports of prescribed goods, and these Regulations serve to support and amend the Export Control Act 1992. This amendment is significant as it alters the definition of the "Tasmania Region" to prohibit the sourcing of wood chips for export from areas in Tasmania that are already reserved from timber harvesting. These Regulations are applicable to any persons or entities involved in the export of hardwood wood chips from Tasmania, ensuring compliance with the updated sourcing restrictions. The jurisdictional reach of these Regulations is within the Commonwealth, applying uniformly across the states and territories under the authority of the Minister for Resources, as per the Export Control Act 1982. The Regulations themselves do not provide for exclusions, exemptions, or thresholds, but they do allow for further specification and enforcement through subordinate instruments, thereby extending and restricting application as necessary.

Key Provisions

The main operative sections of the Export Control (Hardwood Wood Chips) Regulations (Amendment) 1995 No. 388 pertain to the amendments made to the definition of "Tasmania Region" in the Schedule to the Export Control (Hardwood Wood Chips) Regulations. Specifically, Regulation 2 alters the wording in the definition of "Tasmania Region" by replacing the words "are not" with "are" (Reg. 2). This change effectively expands the geographical areas within Tasmania from which hardwood wood chips can be sourced for export. These amendments impose obligations on parties involved in the export of hardwood wood chips from Tasmania. By modifying the definition of "Tasmania Region", the Regulations require that wood chips for export cannot be sourced from areas that are already reserved from timber harvesting. This ensures that environmentally sensitive and reserved areas are protected from exploitation for wood chip exports. Breaching the provisions of the amended Regulations can result in significant consequences. Under the Export Control Act 1992, non-compliance with export control regulations can lead to various civil and criminal penalties. Specifically, unauthorised export activities can result in fines and imprisonment. The maximum penalties for contraventions of the Act are not explicitly stated in the explanatory statement but are outlined in the primary legislation, where penalties can include substantial fines and imprisonment terms depending on the severity of the breach. Additionally, the Act may also allow for the seizure of goods involved in the contravention. The Export Control (Hardwood Wood Chips) Regulations (Amendment) 1995 No. 388, therefore, serve to enhance the protection of Tasmania's reserved areas by restricting the sourcing of hardwood wood chips for export, thereby aligning with broader environmental conservation goals.