Regional Forest Agreements Act 2002
No. 30, 2002
Compilation No. 4
Compilation date: 28 March 2021
Includes amendments up to: Act No. 13, 2020
Registered: 15 April 2021
About this compilation
This compilation
This is a compilation of the Regional Forest Agreements Act 2002 that shows the text of the law as amended and in force on 28 March 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Objects
4 Definitions
5 Act binds the Crown
6 Certain Commonwealth Acts not to apply in relation to RFA wood or RFA forestry operations
7 Termination of RFA by Commonwealth
8 Compensation for breach of RFA by Commonwealth
9 Publication of information about RFAs
10 Tabling of RFAs etc.
10A Source of forestry information
11 Forest and Wood Products Council
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to Regional Forest Agreements, and for other purposes
1 Short title
This Act may be cited as the Regional Forest Agreements Act 2002.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 5 April 2002 |
2. Sections 3 to 12 | A single day to be fixed by Proclamation,… |
Overview
The Regional Forest Agreements Act 2002 was enacted to address the need for a legislative framework that supports the implementation of Regional Forest Agreements (RFAs) between the Commonwealth and the States. This Act provides a statutory basis for the agreements, ensuring they are legally binding and enforceable. The primary objectives of the Act include giving effect to certain obligations of the Commonwealth under RFAs, implementing aspects of the National Forest Policy Statement, and establishing the Forest and Wood Products Council. Enacted by the Australian Parliament, the Act seeks to facilitate the sustainable management and use of forested areas, provide for a comprehensive reserve system, and ensure long-term stability for forests and forest industries. Furthermore, the Act outlines provisions for the publication and tabling of RFAs, addresses compensation for breaches of RFAs by the Commonwealth, and establishes mechanisms for monitoring and reporting on forestry activities across Australia.
Scope and Application
The Regional Forest Agreements Act 2002 is a Commonwealth Act that aims to give effect to certain obligations of the Commonwealth under Regional Forest Agreements (RFA) and to provide for the establishment and functions of the Forest and Wood Products Council. The Act applies to the Commonwealth, States, and Territories in relation to RFAs, which are agreements between the Commonwealth and a State or Territory concerning the sustainable management and use of forested areas within a specified region. The Act binds the Crown in right of the Commonwealth and specifies that certain Commonwealth Acts do not apply to RFA wood or RFA forestry operations. It mandates the publication of information about RFAs, the tabling of RFAs, RFA amendments, and RFA annual and review reports in the Parliament. The Act also requires the establishment of a comprehensive source of forestry information for national and regional monitoring and reporting. The Minister for the Environment and Energy is responsible for ensuring the existence and functions of the Forest and Wood Products Council, which facilitates consultation, advice exchange, and cooperation among stakeholders in the forest and wood products industry. The Act's provisions commenced on various dates, with some sections effective from the date of Royal Assent and others on specific dates as fixed by proclamation. The Act has been subject to amendments and modifications over the years, as detailed in the legislative and amendment histories.
Key Provisions
- The Regional Forest Agreements Act 2002 (the "Act") establishes the legal framework for Regional Forest Agreements (RFAs) between the Commonwealth and individual states, with a focus on ensuring sustainable forestry practices. Section 3 to 12 of the Act commenced on 3 May 2002, as specified in the table in Section 2. The Act requires certain obligations of the Commonwealth under RFAs, the National Forest Policy Statement, and the establishment of the Forest and Wood Products Council. It also defines key terms such as "RFA," "RFA forestry operations," and "RFA wood."
- The Act imposes several obligations on the parties involved in RFAs. Section 7 requires the termination of an RFA by the Commonwealth to comply with the termination provisions of the RFA itself. Section 8 mandates that the Commonwealth compensate any state for reasonable loss or damage resulting from the curtailment of legally exercisable rights due to the RFA's termination. Additionally, Section 9 requires the Minister to publish notices in the Gazette when an RFA is entered into or ceases to be in force, and Section 10 mandates the tabling of RFAs, amendments, and annual reports in each House of the Parliament within 15 sitting days. Section 10A requires the Minister to establish a comprehensive and publicly available source of information for national and regional monitoring and reporting in relation to all of Australia's forests.
- Breaches of the Act may result in civil and criminal consequences. For example, failing to comply with the obligations under Section 7 or Section 8 may result in the Commonwealth being liable to pay compensation to the affected state. However, the Act does not explicitly outline specific penalties for breaches, and such consequences would likely be determined by the courts based on the nature and severity of the breach. Furthermore, the Act does not outline any specific offences or penalties for breaches of its provisions, leaving it to the courts to determine appropriate remedies or penalties in cases of non-compliance.
- Area of Law
- Environmental Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
