Tasmanian Native Forestry Agreement Act 1980

Administered by Department of Agriculture

Legislation au C2004A02298 Not in force Act

Legislation content

Tasmanian Native Forestry Agreement Act 1980

No. 97 of 1980

 

An Act relating to an agreement between the Commonwealth and Tasmania in connection with Tasmanian native forestry

[Assented to 6 June 1980]

WHEREAS the Tasmanian Native Forestry Agreement Act 1979 authorized the execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and Tasmania to provide financial assistance to Tasmania in respect of a 5 year re-afforestation program in Tasmania, being an agreement substantially in accordance with the form of the agreement contained in the Schedule to that Act:

AND WHEREAS on 7 December 1979 the Commonwealth executed an agreement with Tasmania in accordance with that form:

AND WHEREAS it is desirable to authorize the execution, on behalf of the Commonwealth, of a further agreement between the Commonwealth and Tasmania varying that agreement to provide financial assistance to Tasmania for native forestry projects supplementary to that provided for by that agreement:

BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Tasmanian Native Forestry Agreement Act 1980.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Execution of agreement authorized

3. The execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and Tasmania substantially in accordance with the form of the agreement contained in the Schedule is authorized.


Appropriation

4. (1) The payments by the Commonwealth to Tasmania provided for in the revised agreement, including advances by the Minister for Finance, may be made to Tasmania by way of financial assistance on the terms and conditions contained in that agreement.

(2) Payments referred to in sub-section (1) shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

(3) In sub-section (1), revised agreement means the agreement executed by the Commonwealth on 7 December 1979 in pursuance of the Tasmanian Native Forestry Agreement Act 1979 as amended by the agreement executed in pursuance of this Act.

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SCHEDULE Section 3

AN AGREEMENT made the  day of  One thousand nine hundred and                                          between—

THE COMMONWEALTH OF AUSTRALIA (in this agreement called the Commonwealth) of the one part; and

THE STATE OF TASMANIA (in this agreement called the State) of the other part. WHEREAS—

(a) by the Tasmanian Native Forestry Agreement Act 1979 the Parliament of the Commonwealth authorized the execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and the State substantially in accordance with the form of the agreement contained in the Schedule to that Act and the making of the payments by the Commonwealth to the State provided for in that agreement by way of financial assistance on the terms and conditions set out in the agreement;

(b) an agreement in accordance with the form contained in the Schedule to that Act (in this agreement called the Principal Agreement) was entered into between the Commonwealth and the State on the 7th December 1979;

(c) the Commonwealth and the State are agreed that financial assistance for forestry projects supplementary to that provided for by the Principal Agreement should be provided by the Commonwealth to the State and that the Principal Agreement should be amended accordingly; and

(d) the Parliament of the Commonwealth has authorized the execution, on behalf of the Commonwealth, of this supplemental agreement between the Commonwealth and the State:

NOW IT IS HEREBY AGREED as follows:

1. Paragraph (a) of clause 2 of the Principal Agreement is amended by deleting the number 2,750 and inserting the number 3,750.

2. Clause 2 of the Principal Agreement is amended by adding the following paragraph—

(d) the acquisition of land for the purpose of establishing eucalypt plantations..

3. Paragraph (b) of sub-clause 3 (2) of the Principal Agreement is amended by deleting the amount One hundred and thirty six thousand dollars ($136,000) and inserting the amount Two hundred and thirty six thousand dollars ($236,000).

4. Paragraph 1 of the Schedule to the Agreement is amended by inserting after the definition of former farmland the following—

“‘land means former farmland or land dominated by scrub or waste species;.

IN WITNESS WHEREOF, &c.

Overview

The Tasmanian Native Forestry Agreement Act 1980 was enacted to address the need for financial assistance to Tasmania in relation to its forestry projects. The Act was introduced to authorize the execution of a revised agreement between the Commonwealth and Tasmania to provide supplementary financial assistance for native forestry projects, building on the initial agreement established under the Tasmanian Native Forestry Agreement Act 1979. This Act was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to facilitate the continued support and development of forestry initiatives in Tasmania. The policy objective of the Act is to support Tasmania in its efforts to manage and re-afforest its lands, thus ensuring sustainable forestry practices and contributing to environmental conservation.

Scope and Application

The Tasmanian Native Forestry Agreement Act 1980 applies to the Commonwealth and the state of Tasmania, authorising the execution of an agreement that provides financial assistance to Tasmania for native forestry projects. The Act specifically authorises the Commonwealth to enter into a revised agreement with Tasmania for the provision of financial assistance, supplementing the original five-year re-afforestation program outlined in the Tasmanian Native Forestry Agreement Act 1979. The Act allows for amendments to the original agreement, including adjustments to the number of forestry projects and the funding amounts allocated to certain activities. Payments made by the Commonwealth to Tasmania under this agreement are appropriated from the Consolidated Revenue Fund. The Act is limited to the geographic jurisdiction of Tasmania and does not explicitly mention exclusions or exemptions. The application of the Act may be further defined or extended through subordinate instruments, but such provisions are not detailed within the text of the Act itself.

Key Provisions

The Tasmanian Native Forestry Agreement Act 1980 (section 3) authorizes the execution of an agreement between the Commonwealth and Tasmania, providing financial assistance for a revised re-afforestation program in Tasmania. This agreement supplements the original agreement executed in 1979 under the Tasmanian Native Forestry Agreement Act 1979. The main operative sections of this Act (section 4) include the authorization of payments by the Commonwealth to Tasmania for forestry projects supplementary to those covered by the original agreement, and the appropriation of funds from the Consolidated Revenue Fund for these payments. The obligations imposed by the Act on the parties involved are primarily centred on the execution and adherence to the terms of the revised agreement. The Commonwealth is obligated to make payments as per the terms outlined in the agreement, which includes financial assistance for specific forestry projects in Tasmania (section 4(1)). Tasmania, in turn, must ensure that the projects it undertakes are in line with the agreed terms and conditions, and that the funds are used for the specified purposes. Failure to comply with the terms of the agreement could result in civil or criminal consequences. Although the Act does not specify the exact nature of these consequences, breaches of similar agreements typically result in financial penalties or legal actions to enforce compliance. The severity of penalties is not explicitly stated in the Act but could range from fines to more severe legal ramifications depending on the breach's nature and extent. It is important to note that the exact penalties would be determined by the courts based on the specific circumstances of the breach.

Legal classification tags

Area of Law
Environmental Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Appropriation
Amendment & Amendment Process

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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.