Australian Wine and Brandy Corporation Regulations (Amendment) 1994 No. 338
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 338
Issued by the Authority of the Minister for P~ Industries and Energy
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
AUSTRALIAN WINE AND BRANDY CORPORATION REGULATIONS (AMENDMENT)
Section 46 of the Australian Wine and Brandy Corporation Act 1980 (the Act) provides that the Governor-General may make Regulations for the purposes of the Act.
Section 40H of the Act allows for regulations to make provisions relating to wine blending, oenological practices and processes, and compositional and other requirements in manufacturing wine.
Regulations relating to these provisions are already in place and the draft Regulations make some minor changes to clarify or correct some presently existing clauses.
Section 40T of the Act permits regulations to be made prescribing criteria to which the Geographical Indications Committee (GIC) is to have regard in determining the name and exact boundaries of a geographical indication (GI). The GI may then be used, in accordance with the Regulations, to identify the source of the grapes in presenting or describing a wine. For example, after a determination is made defining an area known as "Coonawarra", wines made from grapes with an insufficient proportion supplied from the Coonawarra area as defined may not legally be described or presented using that term.
The GIC has requested that particular criteria be prescribed and the request has been supported by the Australian Wine and Brandy Corporation, the Winegrape Growers' Council of Australia and the Winemakers' Federation of Australia.
The industry has been fully consulted in determining the criteria.
The Regulations are to commence on Gazettal.
Details of the Regulations are given in the Attachment.
ATTACHMENT
Regulation 1 - Amendment
This Regulation states that the Australian Wine and Brandy Corporation Regulations are amended.
Regulation 2 - Regulation 21 (Blending requirements: geographical indications)
This Regulation amends Sub-regulations 21 (2) (b) and 21 (3) (b) to include "or varieties" after the word variety. The omission of these words was a drafting error, and the effect is to clarify that the description or presentation of a wine which uses only one geographical indication (GI) may use one vine variety, but may also use more than one vine variety (eg. Margaret River Chardonnay Semillon). The Attorney-General's Department has advised that the present Regulation should have this effect, but the amendment puts it beyond doubt.
The Regulation deletes the word "registered" from Sub-regulation 21 (5) (b). Its inclusion was also an error. By omitting the word, the Sub-regulation applies to all GIs of non-agreement countries, as was originally intended.
Regulation 3 - New Part 5
The Regulation adds Part 5 (Criteria for Determining Geographical Indications), that sets out the criteria to which the Geographical Indications Committee (GIC) must have regard in determining a GI, and inserts the title of the Part.
The Regulation inserts a new Regulation 23 (Determining geographical indications), specifying that the criteria set out in Part 5 are criteria to which the GIC is to have regard as provided for by section 40T of the Australian Wine and Brandy Corporation Act 1980 (the Act).
New Regulation 24 defines terms which reflect the class and requirements of a GI. A zone is the most general kind of GI which would typically contain several regions (although this is not a requirement). Regions are areas the characteristics of which are more homogenous than zones, and would usually cover considerably smaller areas. Subregions are the smallest and most specific class of GI. As an example, the GIC may determine that 'Hunter Valley' is appropriate as a zone name for an area in NSW. Within Hunter Valley, 'Upper Hunter Valley' and 'Lower Hunter Valley' could be regions and in the Lower Hunter Valley the GIC might determine an subregion called 'Pokolbin'.
There is no requirement that a subregion be within a region, or that either be within a zone. The test of the class of GI will be the degree to which all criteria apply to the area.
The Regulation also defines winegrape vineyard for the purposes of making minimum requirements of a subregion and a region.
New Regulation 25 sets out the actual criteria to which the GIC must have regard. These have been settled after considerable consultation with the industry by the GIC.
The criteria may be summarised as:
(a) whether the area is within the boundaries of an already-established GI of any type
(b) the history and founding of the area
(c) the natural features, landscape and topography of the area
(d) man-made structures in the area, including roads, railways, buildings and towns
(e) the boundary which any applicant may suggest in seeking determination of a GI for the area
(f) ordinance survey grid map references for the area
(g) local government boundary maps for the area
(h) existing names relating to the area, including the history, reputation and appropriateness of the name, and whether that name has been traditionally used, either in that area or to describe another area
(i) the degree of homogeneity of the geology, climate, harvesting date (compared to neighbouring areas), existence of natural drainage basins, irrigation water availability, elevation, proposals for development by Government, traditional divisions and history of grape and wine production in the area.
New Regulation 26 permits the GIC to set out an approved form for applications. The object is to assist applicant in putting in a full and relevant application. Applications which are written but are not on the approved form will be accepted.