Primary Industries Levies and Charges Collection Amendment (Forest Growers) Regulation 2016

Administered by Department of Agriculture

Legislation au F2016L00740 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by Authority of the Deputy Prime Minister and Minister for Agriculture and Water Resources

 

Primary Industries Levies and Charges Collection Act 1991

 

Primary Industries Levies and Charges Collection Amendment (Forest Growers) Regulation 2016

 

Legislative Authority

Section 30 of the Primary Industries Levies and Charges Collection Act 1991 provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Part 9 of Schedule 37 to the Primary Industries Levies and Charges Collection Regulations 1991 sets out details for payment of the forest growers levy and other collection matters.

 

Purpose

The purpose of the Primary Industries and Levies and Charges Collection Amendment (Forest Growers) Regulation 2016 (the Regulation) is to specify two new categories of required information for leviable logs processed from trees felled in a plantation, being:

  1. exotic softwood trees of the genus Pinus sp.
  2. other exotic softwood trees.

 

The Regulations apply to returns for quarters and financial years that start on or after 1 July 2016.

 

Background

Levies and charges are introduced, administered and collected by the Australian Government, usually at the request of industry. The Department of Agriculture and Water Resources (the Department) disburses the levy collected to the relevant recipient body, Plant Health Australia (PHA) in this instance.

 

The Australian Forest Products Association (AFPA) is the national industry body that represents the forest growers industry as a signatory to the Emergency Plant Pest Response Deed (EPPRD). The EPPRD is a legally binding agreement between the Australian Government, state and territory governments, industry signatories and PHA, for the management and funding of emergency responses to plant pest incursions. Emergency Plant Pest Response (EPPR) levies provide a mechanism for industries to meet their financial obligations for nationally cost-shared emergency responses under that agreement if the need arises.

 

AFPA has requested amendments to the existing levy arrangements to activate (or set to a positive rate) the EPPR forest growers levy for Pinus sp. plantation logs only. The levy raises money to repay the Australian Government for costs paid on behalf of the forest growers industry in relation to the nationally cost-shared emergency response to giant pine scale under the EPPRD. As giant pine scale only affects trees of the genus Pinus Sp., Pinus sp. growers are the primary beneficiaries of the eradication response.

 

 

 

Impact and Effect

The Regulation changes the level of detail in the records kept for levy collection purposes and the information to be provided on levy return forms in relation to leviable logs felled in a plantation. These records and information on levy return forms facilitate collection of levies and compliance in levy paying, and reflects how the levies are imposed. Levy payers need to keep and report information on the number of plantation logs that are of the genus Pinus sp. and those that are not, to ensure that EPPR levy component can be collected on Pinus sp. plantation forest logs only. The Regulation ensures that collected levies are correctly identified and disbursed.

 

Consultation

In accordance with the Australian Government Levy Principles and Guidelines, as they relate to the activation of nil-rated emergency response levies for the purpose of funding the industry contribution to an emergency response under the EPPRD, AFPA:

  • took reasonable steps to notify forest grower levy payers that it was requesting that the Minister for Agriculture and Water Resources increase the EPPR levy
  • held a formal objection period from 4 December 2015 to 15 January 2016.

AFPA also consulted with the processors, who are the collection point for the levy, on the proposed changes to the levy sub-categories. No objections were received.

 

The Department consulted the Department of the Prime Minister and Cabinet and the Treasury in preparing the Regulation. The Office of Best Practice Regulation has agreed that a Regulation Impact Statements is not required (ID 20341).

 

Details / Operation

Details of the Regulation are set out in the Attachment A.

 

The Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment B.

 

The Regulation is a legislative instrument for the purposes of the Legislation Act 2003.

 

 


 

Attachment A

 

Details of the Primary Industries Levies and Charges Collection Amendment (Forest Growers) Regulation 2016

 

Section 1 – Name of Regulation

 

This section provides that the name of the Regulation is the Primary Industries Levies and Charges Collection Amendment (Forest Growers) Regulation 2016.

 

Section 2 – Commencement

 

This section provides for the Regulation to commence on 1 July 2016.

 

Section 3 – Authority

 

This section provides that the Regulation is made under the Primary Industries Levies and Charges Collection Act 1991.

 

Section 4 – Schedule

 

This section provides for the Primary Industries Levies and Charges Collection Regulations 1991 to be amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item 1 repeals paragraph 9.14(a) and replaces it with a new provision. Previously, the information required on the quantity of logs made a distinction between logs felled in a plantation and logs other than those felled in a plantation. The replacement provision requires this information, but makes a further distinction for logs felled in a plantation, between logs from exotic softwood trees of the genus Pinus sp. and other logs felled in a plantation.

 

Item 2 repeals paragraph 9.15(b) and replaces it with a new provision. Previously, the information required on the quantity of logs made a distinction between logs felled in a plantation and logs other than those felled in a plantation. The replacement provision requires the same information, but adds a further distinction for logs felled in a plantation, between logs from exotic softwood trees of the genus Pinus sp. and other logs felled in a plantation.

 

Item 3 repeals paragraph 9.16(b) and replaces it with a new provision. Previously, the information required on the quantity of logs made a distinction between logs felled in a plantation and logs other than those felled in a plantation. The replacement provision requires the same information, but adds a further distinction for logs felled in a plantation, between logs from exotic softwood trees of the genus Pinus sp. and other logs felled in a plantation.

 

Item 4 repeals paragraph 9.23(1)(a) and replaces it with a new provision. Previously, the information required on the quantity of logs made a distinction between logs felled in a plantation and logs other than those felled in a plantation. The replacement provision requires the same information, but adds a further distinction for logs felled in a plantation, between logs from exotic softwood trees of the genus Pinus sp. and other logs felled in a plantation.

 

Item 5 repeals subparagraphs 9.24(1)(c)(ii), (iii) and (iv) and replaces them with four new subparagraphs. Previously, the information required on the quantity of logs made a distinction between logs felled in a plantation and logs other than those felled in a plantation. The replacement provision requires this information, but makes a further distinction for logs felled in a plantation, between logs from exotic softwood trees of the genus Pinus sp. and other logs felled in a plantation. The new subparagraph (v) requires information about the amount of levy paid for each kind of leviable logs mentioned in subparagraphs (ii), (iii) and (iv).

 

Item 6 repeals paragraph 9.24(1)(d) and replaces it with a new provision. Previously, the information required on the quantity of logs made a distinction between logs felled in a plantation and logs other than those felled in a plantation. The replacement provision requires this information, but makes a further distinction for logs felled in a plantation, between logs from exotic softwood trees of the genus Pinus sp. and other logs felled in a plantation.

 

Item 7 repeals subparagraphs 9.25(1)(c)(ii), (iii) and (iv) and replaces them with four new subparagraphs. Previously, the information required on the quantity of logs made a distinction between logs felled in a plantation and logs other than those felled in a plantation. The replacement provision requires this information, but makes a further distinction for logs felled in a plantation, between logs from exotic softwood trees of the genus Pinus sp. and other logs felled in a plantation. The new subparagraph (v) requires information about the amount of levy paid for each kind of leviable logs mentioned in subparagraphs (ii), (iii) and (iv).

 

Item 8 repeals paragraph 9.25(1)(d) and replaces it with a new provision. Previously, the information required on the quantity of logs made a distinction between logs felled in a plantation and logs other than those felled in a plantation. The replacement provision requires this information, but makes a further distinction for logs felled in a plantation, between logs from exotic softwood trees of the genus Pinus sp. and other logs felled in a plantation.


 

Attachment B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Primary Industries Levies and Charges Collection Amendment (Forest Growers) Regulation 2016

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Primary Industries and Levies and Charges Collection Amendment (Forest Growers) Regulation 2016 (the Regulation) is to specify two new categories of required information for leviable logs processed from trees felled in a plantation, being:

  1. exotic softwood trees of the genus Pinus sp.
  2. other exotic softwood trees.

 

The Regulations apply to returns for quarters and financial years that start on or after 1 July 2016.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon. Barnaby Joyce MP

Deputy Prime Minister and Minister for Agriculture and Water Resources

 

 

Overview

The Primary Industries Levies and Charges Collection Amendment (Forest Growers) Regulation 2016 was enacted to amend the Primary Industries Levies and Charges Collection Regulations 1991, focusing on the management and collection of levies for logs processed from trees felled in plantations, specifically differentiating between logs from exotic softwood trees of the genus Pinus sp. and other exotic softwood trees. This amendment was introduced to address the need for more detailed record-keeping and reporting requirements to facilitate the collection of the Emergency Plant Pest Response (EPPR) levy, which is a mechanism for industries to meet their financial obligations for nationally cost-shared emergency responses to plant pest incursions. The regulation was enacted under the authority of the Primary Industries Levies and Charges Collection Act 1991 by the Australian Government, aiming to ensure the correct identification and disbursal of collected levies. The policy objective of the regulation is to enhance the accuracy and efficiency of levy collection related to forest growers, particularly in response to the specific threat posed by the giant pine scale infestation to Pinus sp. trees. Consultation processes were undertaken with relevant stakeholders, including the Australian Forest Products Association, processors, and other government departments, with no objections raised against the proposed changes. The regulation ensures compliance with the Australian Government Levy Principles and Guidelines and is deemed compatible with the human rights and freedoms recognised or declared in the Human Rights (Parliamentary Scrutiny) Act 2011. The regulation commenced on 1 July 2016, applying to returns for quarters and financial years starting from that date.

Scope and Application

The Primary Industries Levies and Charges Collection Amendment (Forest Growers) Regulation 2016 applies to levy payers involved in the processing of leviable logs from plantation trees, particularly focusing on exotic softwood trees of the genus Pinus sp. and other exotic softwood trees. This regulation, which commenced on 1 July 2016, amends the Primary Industries Levies and Charges Collection Regulations 1991 by specifying additional categories of required information for these logs. It mandates that detailed records be kept and certain information be reported on levy return forms to ensure the accurate collection and disbursement of the emergency plant pest response (EPPR) levy. The Regulation applies nationally and is consistent with the Australian Government Levy Principles and Guidelines. There are no stated exclusions, exemptions, or thresholds in this regulation, though it may be subject to further specification or modification through subordinate instruments under the Primary Industries Levies and Charges Collection Act 1991. The regulation ensures that the collected levies are properly identified and disbursed, facilitating compliance and the management of emergency responses to plant pest incursions.

Key Provisions

The Primary Industries and Levies and Charges Collection Amendment (Forest Growers) Regulation 2016 (the Regulation) amends the Primary Industries Levies and Charges Collection Regulations 1991 to include more detailed information requirements for levy returns in relation to logs from plantation forests. Specifically, section 4 of the Regulation provides for the Primary Industries Levies and Charges Collection Regulations 1991 to be amended as set out in Schedule 1. The amendments require levy payers to distinguish between logs from exotic softwood trees of the genus Pinus sp. and other logs from exotic softwood trees when reporting the quantity of logs processed and the amount of levy paid (Items 1-8 of Schedule 1). These changes apply to returns for quarters and financial years that commence on or after 1 July 2016. The obligations imposed by the Regulation include the requirement for levy payers to keep accurate records and report the specified information in their levy return forms. This information is necessary to facilitate the collection of levies and ensure compliance with the Emergency Plant Pest Response (EPPR) levies for the forest growers industry. The new information requirements include the distinction between logs from Pinus sp. trees and other exotic softwood trees in plantation forests. This distinction is crucial for the correct identification and disbursement of the EPPR levy component, which is specifically intended to cover costs related to the emergency response to the giant pine scale pest affecting Pinus sp. trees. The Regulation does not explicitly outline offences or penalties for non-compliance, but it is likely that failure to comply with the new information requirements could result in the inability to correctly identify and collect the EPPR levy component. This may lead to financial discrepancies or disputes over the amount of levy owed. Additionally, non-compliance with the reporting obligations could result in penalties under the Primary Industries Levies and Charges Collection Act 1991, which may include fines or other sanctions. The specific penalties would depend on the nature and severity of the non-compliance and would be determined under the relevant provisions of the Act. The Regulation is designed to ensure that the collected levies are correctly identified and disbursed, reflecting the specific financial obligations of the forest growers industry in relation to the nationally cost-shared emergency response to plant pest incursions. By requiring more detailed information on the type of logs processed, the Regulation aims to facilitate the accurate collection of the EPPR levy for Pinus sp. plantation logs, ensuring that the costs of the emergency response are appropriately shared among the industry.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.