Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


FORESTRY PLANTATIONS QUEENSLAND BILL 2006

          Queensland



Forestry Plantations
Queensland Bill 2006

 


 

 

Queensland Forestry Plantations Queensland Bill 2006 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Declaration of land as State plantation forest. . . . . . . . . . . . . . . . 6 5 Things done by responsible Ministers . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Forestry Plantations Queensland Division 1 Establishment and capacity of FPQ 6 Establishment of Forestry Plantations Queensland . . . . . . . . . . . 7 7 FPQ represents the State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Legal capacity of FPQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Limitation on FPQ's powers in relation to State plantation forests 8 10 FPQ declared to be excluded matter . . . . . . . . . . . . . . . . . . . . . . 8 11 FPQ's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2 Functions of FPQ 12 Functions of FPQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3 Financial matters Subdivision 1 Interpretation 13 Meaning of financial arrangements . . . . . . . . . . . . . . . . . . . . . . . 11 Subdivision 2 Application of Financial Administration and Audit Act 1977 14 FPQ is statutory body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subdivision 3 FPQ's financial powers 15 Banking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Investing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 18 Giving guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19 Entering into derivative transactions. . . . . . . . . . . . . . . . . . . . . . . 15

 


 

2 Forestry Plantations Queensland Bill 2006 20 Entering into other financial arrangements. . . . . . . . . . . . . . . . . . 15 21 Forming companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Subdivision 4 Dividends 22 Payment of dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 4 Operational plan 23 Purpose of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 24 Requirement to comply with operational plan . . . . . . . . . . . . . . . 17 25 Content of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26 Preparation of draft operational plan . . . . . . . . . . . . . . . . . . . . . . 19 27 Responsible Ministers' powers in relation to draft operational plan ......................................... 19 28 When draft operational plan has effect. . . . . . . . . . . . . . . . . . . . . 19 29 Execution of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 30 Amendment of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 5 Reporting 31 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 6 Directions and delegations 32 Responsible Ministers' power to give directions . . . . . . . . . . . . . . 21 33 Delegation by FPQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 7 Work performance arrangements 34 Work performance arrangements. . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 8 Other matters 35 Compensation payable to FPQ if State plantation forest revoked etc. .......................................... 23 36 FPQ to enter into agreement with State about access to land . . . 23 37 Application of Crime and Misconduct Act 2001 . . . . . . . . . . . . . . 24 38 Application of Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . 24 39 Application of mineral resources legislation . . . . . . . . . . . . . . . . . 25 Part 3 Forestry Plantations Queensland Advisory Board Division 1 Establishment and functions 40 Establishment of Forestry Plantations Queensland Advisory Board ........................................ 26 41 Board's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 2 Board membership 42 Board membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 43 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . 26 44 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . 26 45 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

 


 

3 Forestry Plantations Queensland Bill 2006 46 Resignation from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 47 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 3 Board meetings 48 Conduct of board's business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 49 Times and places of board meetings . . . . . . . . . . . . . . . . . . . . . . 28 50 Presiding at board meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 51 Quorum for board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 52 Meetings held using communication technology . . . . . . . . . . . . . 28 53 Board minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 54 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 4 Other provisions 55 Establishing committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Part 4 Chief plantation forestry officer 56 Appointment of chief plantation forestry officer . . . . . . . . . . . . . . 30 57 Functions of chief plantation forestry officer . . . . . . . . . . . . . . . . . 31 Part 5 Transitional provisions 58 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 59 Meaning of relevant assets and liabilities . . . . . . . . . . . . . . . . . . . 31 60 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 61 Relevant proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 62 Document taken to be FPQ's strategic plan . . . . . . . . . . . . . . . . . 32 63 Document taken to be FPQ's operational plan . . . . . . . . . . . . . . . 33 64 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 33 Part 6 Amendment of Parliament of Queensland Act 2001 65 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 66 Amendment of s 114 (Only 1 additional salary is payable) . . . . . 34 67 Insertion of new ch 7, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Part 4 Salary sacrifice 123A Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 123B Member may salary sacrifice . . . . . . . . . . . . . . . . . . . 35 123C Variation or revocation of election . . . . . . . . . . . . . . . 35 Part 7 Amendment of other Acts 68 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Schedule 1 Amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Biodiscovery Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

 


 

4 Forestry Plantations Queensland Bill 2006 Statutory Bodies Financial Arrangements Act 1982. . . . . . . . . . . 48 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

 


 

2006 A Bill for An Act to establish Forestry Plantations Queensland to manage, under the Forestry Act 1959, State forests that are plantation forests, including selling particular forest products from those forests, and to own and use other property for plantation-related purposes, and to amend various Acts

 


 

s1 6 s5 Forestry Plantations Queensland Bill 2006 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Forestry Plantations Queensland 4 Act 2006. 5 2 Commencement 6 This Act, other than part 6, commences on a day to be fixed 7 by proclamation. 8 3 Dictionary 9 The dictionary in schedule 2 defines particular words used in 10 this Act. 11 4 Declaration of land as State plantation forest 12 (1) A regulation may declare a stated area of land to be a State 13 plantation forest if the land is, or is part of, a State forest. 14 (2) However, land that is a State forest park under the Forestry Act 15 1959 may not be declared to be a State plantation forest. 16 (3) If the land stops being a State forest or part of a State forest, 17 the declaration of the land as a State plantation forest is taken 18 to have been revoked. 19 (4) To remove any doubt, it is declared that the declaration of land 20 as a State plantation forest does not affect the status of the 21 land as State forest. 22 5 Things done by responsible Ministers 23 (1) For this Act-- 24

 


 

s6 7 s8 Forestry Plantations Queensland Bill 2006 (a) if a thing is required to be done, or may be done, by the 1 responsible Ministers, the thing is to be done by the 2 Ministers jointly, and 3 (b) if a thing is required to be, or may be, given to the 4 responsible Ministers, the thing is to be given to each of 5 the Ministers. 6 (2) However, if the responsible Ministers' offices are held, or the 7 functions of the offices are being performed, by 1 person, the 8 thing may be done by, or given to, that person alone. 9 Part 2 Forestry Plantations 10 Queensland 11 Division 1 Establishment and capacity of FPQ 12 6 Establishment of Forestry Plantations Queensland 13 (1) A corporation sole constituted by the chief plantation forestry 14 officer is established under the name Forestry Plantations 15 Queensland. 16 (2) The corporation as established under that name-- 17 (a) has perpetual succession and a seal; and 18 (b) may sue and be sued in its corporate name. 19 7 FPQ represents the State 20 (1) FPQ represents the State. 21 (2) Without limiting subsection (1), FPQ has all the State's 22 privileges and immunities. 23 8 Legal capacity of FPQ 24 (1) FPQ has all the powers of an individual and may, for 25 example-- 26

 


 

s9 8 s 11 Forestry Plantations Queensland Bill 2006 (a) enter into contracts; and 1 (b) acquire, hold, dispose of, and deal with, property; and 2 (c) appoint agents and attorneys; and 3 (d) engage consultants; and 4 (e) fix charges, and other terms, for services it supplies; and 5 (f) do anything necessary or convenient to be done in the 6 performance of its functions under this or another Act. 7 (2) FPQ also has the powers conferred on it by this or another 8 Act. 9 (3) FPQ may exercise its powers inside and outside Queensland. 10 (4) Without limiting subsection (3), FPQ may exercise its powers 11 outside Australia. 12 (5) This section applies subject to section 9 and division 3, 13 subdivision 3.1 14 9 Limitation on FPQ's powers in relation to State plantation 15 forests 16 The only powers FPQ may exercise in relation to a State 17 plantation forest are the powers conferred on it under the 18 Forestry Act 1959 or a profit a prendre mentioned in section 19 46(1AA) of that Act. 20 10 FPQ declared to be excluded matter 21 FPQ is declared to be an excluded matter for the Corporations 22 Act, section 5F,2 in relation to all of the Corporations 23 legislation. 24 11 FPQ's seal 25 (1) FPQ's seal is to be kept in the custody of the chief plantation 26 forestry officer. 27 1 Division 3 (Financial matters), subdivision 3 (FPQ's financial powers) 2 Corporations Act, section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter)

 


 

s 12 9 s 12 Forestry Plantations Queensland Bill 2006 (2) The seal may only be used by-- 1 (a) the chief plantation forestry officer; or 2 (b) another person authorised, in writing, by the chief 3 plantation forestry officer. 4 Division 2 Functions of FPQ 5 12 Functions of FPQ 6 (1) FPQ has the following functions-- 7 (a) managing State plantation forests by-- 8 (i) entering into a profit a prendre for the Forestry Act 9 1959, section 46(1AA),3 in relation to natural 10 resource products on State plantation forests; and 11 (ii) dealing with the natural resource products in 12 accordance with the profit a prendre and the 13 Forestry Act 1959; and 14 15 Examples of ways FPQ might deal with natural resource 16 products under the profit a prendre-- 17 establishing, maintaining and felling trees 18 marketing and selling natural resource products (iii) performing functions, and exercising powers, 19 under the Forestry Act 1959 in relation to State 20 plantation forests; 21 22 Examples of functions performed and powers exercised by 23 FPQ under the Forestry Act 1959-- 24 marketing and selling services related to State 25 plantation forests 26 constructing and maintaining infrastructure, 27 including, for example, roads 28 maintaining areas of vegetation, including, for 29 example, for a buffer zone 3 Forestry Act 1959, section 46 (Sale of forest products or quarry material)

 


 

s 12 10 s 12 Forestry Plantations Queensland Bill 2006 (b) owning and using freehold land primarily for plantation 1 purposes and any other purpose consistent with those 2 plantation purposes; 3 4 Examples of other purposes that may be consistent with plantation 5 purposes-- 6 using some of the land for a nursery 7 using some of the land for grazing 8 using some of the land for recreational purposes (c) entering into, and complying with, profits a prendre 9 under the Land Act 1994, the Land Title Act 1994 or a 10 law of another State; 11 (d) selling plantation-related services to other persons; 12 (e) investing, under section 17, in activities performed on, 13 or connected with, any of the following-- 14 (i) a State plantation forest; 15 (ii) freehold land mentioned in paragraph (b); 16 (iii) land subject to a profit a prendre mentioned in 17 paragraph (c); 18 (iv) the provision of services mentioned in paragraph 19 (d); 20 (f) paying dividends to the State under section 22; 21 (g) performing community service obligations; 22 (h) reporting to the responsible Ministers as required under 23 this Act or the FA&A Act; 24 (i) performing other functions given to FPQ under this or 25 another Act; 26 (j) taking action incidental to the discharge of the functions 27 mentioned in paragraphs (a) to (i). 28 (2) FPQ must perform its functions in a way that is consistent 29 with the following-- 30 (a) for the functions mentioned in subsection (1)(b) and 31 (c)--best practice principles for sustainable 32 management of plantation forests; 33 (b) directions given to FPQ under section 32; 34

 


 

s 13 11 s 13 Forestry Plantations Queensland Bill 2006 (c) FPQ's strategic plan and operational plan. 1 (3) In this section-- 2 plantation purposes means planting, maintaining and felling 3 trees for the purpose of sale. 4 Division 3 Financial matters 5 Subdivision 1 Interpretation 6 13 Meaning of financial arrangements 7 In this division-- 8 financial arrangements means arrangements entered into in 9 Queensland or elsewhere, and whether or not the parties are 10 resident or situated in Queensland or elsewhere, that provide 11 for, relate to or are directed towards any of the following-- 12 (a) the borrowing of money, the raising of money or the 13 obtaining of all forms of financial accommodation in 14 Australia or elsewhere, including by the issue of 15 debentures, bonds, inscribed stock and other securities; 16 (b) the lending of money; 17 (c) the entering into and performance of deferred payment 18 arrangements as debtor or creditor; 19 (d) the granting or taking of leases, or the letting or taking 20 on hire for any term, of land, buildings, plant, 21 machinery, equipment and any other property as lessee, 22 lessor, hirer, owner or tenant; 23 (e) the entering into of partnerships, trusts, ventures and the 24 formation of companies; 25 (f) the acquisition, holding, dealing with, guaranteeing, 26 consolidation, reissue and disposal of-- 27 (i) shares in a corporation, debentures of a 28 corporation, bonds, stock and other securities of a 29 corporation, including debentures, bonds, 30

 


 

s 13 12 s 13 Forestry Plantations Queensland Bill 2006 inscribed stock and other securities, including 1 those issued by FPQ; or 2 (ii) land, buildings, plant, machinery, equipment and 3 any other property (relevant property) and an 4 interest in relevant property or a mortgage or 5 another charge in relation to relevant property; 6 (g) the acceptance of money on deposit; 7 (h) the entering into of covenants, undertakings, 8 arrangements, promises, guarantees and indemnities to 9 meet obligations or liabilities incurred by or to a person, 10 whether or not the person is a party to the covenants, 11 undertakings, arrangements, promises, guarantees and 12 indemnities; 13 (i) the entering into of arrangements directed at the 14 granting of financial accommodation by or to a person, 15 whether or not the person is a party to the arrangements; 16 (j) the entering into of purchase obligations as purchaser or 17 sale obligations as seller, to purchase or sell an output or 18 other product or service of any kind; 19 (k) the investing of money; 20 (l) the issuance, drawing, acceptance, endorsement or 21 discounting of bills of exchange, promissory notes, 22 payment orders or other negotiable instruments; 23 (m) the formation or establishment of, participation in the 24 formation or establishment of, or participation in a 25 business undertaking; 26 (n) the underwriting of issues of shares in, or debentures or 27 other securities of, a business undertaking; 28 (o) the holding of money, real property or other property as 29 trustee or agent; 30 (p) a transaction for the purpose of managing or varying 31 financial returns or managing or varying financial or 32 currency risks, including but not limited to currency 33 exchange rate, interest rate, discount rate, volatility or 34 other risks; 35 (q) a transaction for the purpose of returning a gain or 36 avoiding a loss by reference to currency obligations, 37

 


 

s 14 13 s 16 Forestry Plantations Queensland Bill 2006 currency exchange rate movements, or interest or 1 discount rate movements; 2 (r) other arrangements prescribed under a regulation. 3 Subdivision 2 Application of Financial 4 Administration and Audit Act 1977 5 14 FPQ is statutory body 6 FPQ is a statutory body under the FA&A Act. 7 8 Note-- 9 FPQ is not a statutory body under the Statutory Bodies Financial 10 Arrangements Act 1982 (see section 6(1) of that Act). Subdivision 3 FPQ's financial powers 11 15 Banking 12 (1) FPQ may, to the extent necessary or convenient for its 13 day-to-day operations, operate a deposit and withdrawal 14 account with a financial institution. 15 (2) The account may be operated with an overdraft facility only 16 with the approval of the responsible Ministers. 17 (3) The account must be operated in Australian currency. 18 16 Borrowing 19 (1) FPQ may borrow an amount only with, and subject to any 20 conditions of, the approval of the responsible Ministers. 21 (2) For subsection (1), the responsible Ministers' approval may-- 22 (a) relate to a stated class of borrowings or a particular 23 borrowing; and 24 (b) be subject to any conditions the responsible Ministers 25 consider necessary or desirable. 26

 


 

s 17 14 s 17 Forestry Plantations Queensland Bill 2006 (3) Subject to a regulation under subsection (4), FPQ does not 1 borrow only because, in the ordinary course of business of 2 performing its functions, it enters into any of the following-- 3 (a) a hire-purchase agreement; 4 (b) an operating lease; 5 (c) a credit card facility. 6 (4) A regulation may declare that something is, or is not, a form 7 of financial accommodation for the definition borrow, 8 including, for example, a particular type of hire-purchase 9 agreement, operating lease or credit card facility. 10 (5) In this section-- 11 borrow includes raise and obtain, in any way, money, credit 12 and other financial accommodation. 13 other financial accommodation includes-- 14 (a) finance leases primarily to raise amounts to buy, or to 15 finance the purchase of, property the subject of the 16 leases; and 17 (b) guarantees, letters of credit and any other form of 18 undertaking, provided by a financial institution or other 19 person to meet the liabilities or obligations of FPQ. 20 17 Investing 21 (1) FPQ may invest funds only with, and subject to any 22 conditions of, the approval of the responsible Ministers. 23 (2) For subsection (1), the responsible Ministers' approval may-- 24 (a) relate to a stated class of investments or a particular 25 investment; and 26 (b) be subject to any conditions the responsible Ministers 27 consider necessary or desirable. 28 (3) This section does not apply to an investment stated in FPQ's 29 operational plan. 30

 


 

s 18 15 s 20 Forestry Plantations Queensland Bill 2006 18 Giving guarantees 1 FPQ may guarantee the performance of another entity's 2 obligations under a financial arrangement only with the 3 approval of the responsible Ministers. 4 19 Entering into derivative transactions 5 (1) FPQ may enter into a derivative transaction only with the 6 approval of the responsible Ministers. 7 (2) In this section-- 8 derivative transaction means a transaction mentioned in 9 section 13(p) or (q). 10 20 Entering into other financial arrangements 11 (1) FPQ may enter into another financial arrangement only with, 12 and subject to any conditions of, the approval of the 13 responsible Ministers. 14 (2) For subsection (1), the responsible Ministers' approval may-- 15 (a) relate to-- 16 (i) if the financial arrangement is mentioned in 17 subsection (3)--a stated class of financial 18 arrangements or a particular financial arrangement; 19 or 20 (ii) otherwise--a particular financial arrangement; and 21 (b) be subject to any conditions the responsible Ministers 22 consider necessary or desirable. 23 (3) For subsection (2)(a)(i), the financial arrangements are those 24 arrangements providing for, relating to or directed towards-- 25 (a) a matter mentioned in section 13(d), (f)(ii), (g), (j), (l), 26 (m) or (o); or 27 (b) a matter mentioned in section 13(h), other than a 28 guarantee or indemnity given by FPQ. 29 (4) Subsection (1) does not apply to another financial 30 arrangement-- 31

 


 

s 21 16 s 22 Forestry Plantations Queensland Bill 2006 (a) stated in FPQ's operational plan for the relevant 1 financial year; or 2 (b) relating to a proposed activity, proposed investment or 3 community service obligation stated in FPQ's 4 operational plan. 5 (5) In this section-- 6 another financial arrangement means a financial 7 arrangement other than a financial arrangement to which 8 section 16, 17, 18 or 19 applies. 9 21 Forming companies 10 (1) FPQ may-- 11 (a) form, or participate in the formation of, a company; or 12 (b) otherwise become a parent entity in relation to a 13 company; 14 only with the approval of the responsible Ministers. 15 (2) In this section-- 16 parent entity see the FA&A Act, schedule 3. 17 Subdivision 4 Dividends 18 22 Payment of dividends 19 (1) FPQ must pay the State a dividend for each financial year. 20 (2) On or after 1 May, but before 16 May, of the financial year, 21 FPQ must recommend to the responsible Ministers the 22 amount of the dividend to be paid by FPQ for the financial 23 year. 24 (3) The recommendation must be accompanied by an estimate of 25 FPQ's profits for the financial year, after-- 26 (a) provision has been made for income tax or its 27 equivalent; and 28 (b) any unrealised capital gains from upwards revaluation of 29 non-current assets have been excluded. 30

 


 

s 23 17 s 25 Forestry Plantations Queensland Bill 2006 (4) Before the end of the financial year, the responsible Ministers 1 must-- 2 (a) approve the recommendation; or 3 (b) give FPQ a direction under section 32 to pay a stated 4 dividend. 5 (5) The amount of the dividend must not be more than FPQ's 6 estimated profits for the financial year. 7 (6) The dividend must be paid within-- 8 (a) 6 months after the end of the financial year; or 9 (b) if a longer period is allowed by the responsible 10 Ministers--the longer period. 11 Division 4 Operational plan 12 23 Purpose of div 4 13 (1) The purpose of this division is to provide for requirements for 14 FPQ's operational plan and for compliance with the plan. 15 (2) The requirements stated in this division apply in addition to 16 the requirements for the plan under the FA&A Act. 17 (3) If there is an inconsistency between a requirement under this 18 division and a requirement under the FA&A Act, a 19 requirement under this division prevails to the extent of the 20 inconsistency. 21 24 Requirement to comply with operational plan 22 FPQ must comply with its operational plan for a financial 23 year. 24 25 Content of operational plan 25 (1) FPQ's operational plan must include the following matters-- 26 (a) FPQ's objectives; 27

 


 

s 25 18 s 25 Forestry Plantations Queensland Bill 2006 (b) the nature and scope of the activities proposed to be 1 undertaken by FPQ during the financial year to which 2 the operational plan relates; 3 (c) FPQ's capital structure; 4 (d) FPQ's proposed investments for the financial year, other 5 than investments of a class approved by the responsible 6 Ministers under section 17; 7 (e) the total amount of FPQ's outstanding and proposed 8 borrowings; 9 (f) community service obligations FPQ must perform 10 during the financial year; 11 (g) FPQ's policies about managing the risk associated with 12 investments or borrowings that may adversely affect 13 FPQ's financial position; 14 (h) FPQ's policies and strategies about each of the 15 following-- 16 (i) providing other persons with access to State 17 plantation forests under the Forestry Act 1959; 18 (ii) providing the services in State plantation forests 19 that were available to recreational users of the 20 forests immediately before this section 21 commenced, unless otherwise agreed by the 22 responsible Ministers; 23 (iii) coordinating FPQ's activities with other managers 24 of public land; 25 (iv) managing the risk of fire in State plantation forests; 26 (i) the information required to be given by FPQ in its 27 quarterly reports to the responsible Ministers; 28 (j) any other matter relevant to FPQ's functions and 29 required to be included in the operational plan by the 30 responsible Ministers. 31 (2) Without limiting subsection (1)(j), the responsible Ministers 32 may require FPQ to include in its operational plan an 33 undertaking to comply with a stated Government policy. 34

 


 

s 26 19 s 28 Forestry Plantations Queensland Bill 2006 26 Preparation of draft operational plan 1 FPQ must prepare, and give to the responsible Ministers for 2 their agreement, a draft operational plan-- 3 (a) within 2 months of the commencement of this section 4 for-- 5 (i) if the commencement is within 2 months of the end 6 of the financial year in which the commencement 7 falls--the financial year after the financial year in 8 which the commencement falls; or 9 (ii) otherwise--the financial year in which the 10 commencement falls; and 11 (b) for a later financial year--not later than 2 months before 12 the start of the financial year. 13 27 Responsible Ministers' powers in relation to draft 14 operational plan 15 (1) The responsible Ministers may, in relation to a draft 16 operational plan given to them under section 26-- 17 (a) agree to the draft operational plan; or 18 (b) return the draft operational plan to FPQ and ask it to-- 19 (i) consider or further consider any matter; and 20 (ii) revise the draft operational plan in light of its 21 consideration or further consideration; and 22 (iii) give the revised draft operational plan to the 23 responsible Ministers for their agreement; or 24 (c) give FPQ a direction under section 32 to make stated 25 changes to the draft operational plan. 26 (2) FPQ must comply with a request under subsection (1)(b). 27 28 When draft operational plan has effect 28 (1) A draft operational plan becomes FPQ's operational plan for 29 the financial year to which the draft plan relates when it is 30 agreed to by the responsible Ministers. 31

 


 

s 29 20 s 31 Forestry Plantations Queensland Bill 2006 (2) Until the draft operational plan is agreed to by the responsible 1 Ministers, the operational plan for the most recently ended 2 financial year continues to apply. 3 4 Note-- 5 See also section 63 in relation to the operational plan that has effect until 6 the first draft operational plan is agreed to by the responsible Ministers. 29 Execution of operational plan 7 A draft operational plan agreed to by the responsible 8 Ministers must be executed by FPQ and the responsible 9 Ministers. 10 30 Amendment of operational plan 11 The responsible Ministers may amend FPQ's operational plan 12 at any time by giving FPQ written notice of the amendments. 13 Division 5 Reporting 14 31 Quarterly reports 15 (1) FPQ must give the responsible Ministers a report on its 16 operations for each quarter in a financial year. 17 (2) A quarterly report must be given to the responsible 18 Ministers-- 19 (a) within 6 weeks after the end of the quarter; or 20 (b) if another period after the end of the quarter is agreed 21 between FPQ and the responsible Ministers--within the 22 agreed period. 23 (3) A quarterly report must contain the information required to be 24 given in the report under FPQ's operational plan. 25 (4) In this section-- 26 quarter, in a financial year, means the following periods in the 27 year-- 28 (a) 1 July to 30 September; 29

 


 

s 32 21 s 33 Forestry Plantations Queensland Bill 2006 (b) 1 October to 31 December; 1 (c) 1 January to 31 March; 2 (d) 1 March to 30 June. 3 Division 6 Directions and delegations 4 32 Responsible Ministers' power to give directions 5 (1) The responsible Ministers may give FPQ a written direction 6 about a matter relevant to the performance of FPQ's function 7 under this or another Act, including a direction mentioned in 8 section 22 or 27.4 9 (2) FPQ must comply with the direction. 10 (3) If the responsible Ministers give FPQ a direction under 11 subsection (1), FPQ's annual report under the FA&A Act must 12 include-- 13 (a) particulars of the direction; and 14 (b) particulars of FPQ's response to the direction. 15 33 Delegation by FPQ 16 (1) FPQ may delegate its functions under this or another Act to 17 the board or a member of the board. 18 (2) However, FPQ may not delegate its power to approve 19 remuneration under section 55(5).5 20 (3) In this section-- 21 functions includes powers. 22 4 Section 22 (Payment of dividends) or 27 (Responsible Ministers' powers in relation to draft operational plan) 5 Section 55 (Establishing committees)

 


 

s 34 22 s 34 Forestry Plantations Queensland Bill 2006 Division 7 Work performance arrangements 1 34 Work performance arrangements 2 (1) FPQ may enter into, and give effect to, a work performance 3 arrangement with-- 4 (a) the chief executive of a department; or 5 (b) the appropriate authority of another government entity, 6 including, for example, the head of a public service 7 office. 8 (2) A work performance arrangement may make provision for all 9 matters necessary and convenient to be provided under the 10 arrangement. 11 (3) For example, a work performance arrangement may 12 provide-- 13 (a) for the appointment of a public service employee or 14 another person to an office, and the holding of the office 15 by the person, for the arrangement; and 16 (b) for the authorising of a public service employee or 17 another person to exercise powers for the arrangement; 18 and 19 (c) whether payment is to be made for work done under the 20 arrangement and, if so, what payment is to be made and 21 who is to make the payment. 22 (4) If a public service employee or another person performs work 23 for FPQ under a work performance arrangement, the person-- 24 (a) is not employed by FPQ; and 25 (b) remains an officer or employee of the government entity 26 that is a party to the arrangement. 27 (5) In this section-- 28 government entity see the Public Service Act 1996, section 29 21. 30 work performance arrangement means an arrangement under 31 which a public service employee of a department, or an 32 employee of another government entity, performs work for 33 FPQ. 34

 


 

s 35 23 s 36 Forestry Plantations Queensland Bill 2006 Division 8 Other matters 1 35 Compensation payable to FPQ if State plantation forest 2 revoked etc. 3 (1) This section applies if-- 4 (a) land is a State plantation forest; and 5 (b) all or part of the land stops being a State forest (the 6 excluded land) under the Forestry Act 1959, section 7 26(2) or 32, or the Nature Conservation Act 1992, 8 section 30 or 70G, or otherwise. 9 (2) The State must pay compensation to FPQ for the reasonable 10 value of the natural resource products on the excluded land 11 when it stops being a State plantation forest. 12 36 FPQ to enter into agreement with State about access to 13 land 14 (1) FPQ must enter into an agreement with the State under 15 which-- 16 (a) FPQ agrees to provide the State with prescribed entry 17 rights in relation to State plantation forests; and 18 (b) the State agrees to provide FPQ with prescribed entry 19 rights in relation to State land. 20 (2) The agreement must state-- 21 (a) for subsection (1)(a)-- 22 (i) who may exercise the prescribed entry rights on 23 behalf of the State; and 24 (ii) the State plantation forest, or the part of the State 25 plantation forest, in relation to which the rights 26 may be exercised; and 27 (iii) the functions that may be carried out, or the powers 28 that may be exercised, on the land by the State; and 29 (b) for subsection (1)(b)-- 30 (i) the areas of State land to which the prescribed 31 entry rights apply; and 32

 


 

s 37 24 s 38 Forestry Plantations Queensland Bill 2006 (ii) the functions that may be carried out, or the powers 1 that may be exercised, on the land by FPQ. 2 (3) In this section-- 3 prescribed entry rights means the following rights, to the 4 extent they are reasonably required by the State or FPQ to 5 carry out functions under an Act-- 6 (a) to enter and traverse the relevant land; 7 (b) to carry out functions, and exercise powers, under an 8 Act on the relevant land. 9 State land means all land in Queensland, other than land that 10 is-- 11 (a) lawfully granted or contracted to be granted in fee 12 simple by the State; or 13 (b) dedicated for public purposes; or 14 (c) subject to a lease or licence lawfully granted by the 15 State. 16 37 Application of Crime and Misconduct Act 2001 17 FPQ is a unit of public administration under the Crime and 18 Misconduct Act 2001. 19 38 Application of Ombudsman Act 2001 20 (1) The Ombudsman Act 2001 does not apply to-- 21 (a) the making of a recommendation by FPQ to the 22 responsible Ministers; or 23 (b) a decision by FPQ about its commercial policy or 24 commercially competitive activities. 25 (2) In this section-- 26 commercially competitive activities means activities carried 27 on-- 28 (a) on a commercial basis; and 29 (b) either-- 30

 


 

s 39 25 s 39 Forestry Plantations Queensland Bill 2006 (i) in competition with a person, other than an 1 excluded person; or 2 (ii) in a market where there is competition between 3 other persons, other than excluded persons only. 4 excluded person means the following-- 5 (a) the Commonwealth or a State; 6 (b) a State authority; 7 (c) a local government. 8 39 Application of mineral resources legislation 9 (1) To remove any doubt, it is declared that FPQ does not have 10 property in minerals or petroleum on or below the surface of a 11 State plantation forest. 12 13 Note-- 14 See also-- 15 (a) the Mineral Resources Act 1989, section 8 (Crown's property in 16 minerals); and 17 (b) the Petroleum Act 1923, section 9 (Petroleum the property of the 18 Crown); and 19 (c) the Petroleum and Gas (Production and Safety) Act 2004, section 20 26 (Petroleum the property of the State). (2) In this section-- 21 mineral see the Mineral Resources Act 1989, section 6. 22 petroleum see the Petroleum and Gas (Production and Safety) 23 Act 2004, section 10. 24

 


 

s 40 26 s 44 Forestry Plantations Queensland Bill 2006 Part 3 Forestry Plantations 1 Queensland Advisory Board 2 Division 1 Establishment and functions 3 40 Establishment of Forestry Plantations Queensland 4 Advisory Board 5 The Forestry Plantations Queensland Advisory Board is 6 established. 7 41 Board's functions 8 The board has the following functions-- 9 (a) to advise FPQ about matters relevant to the performance 10 of FPQ's functions; 11 (b) to exercise powers delegated to the board by FPQ; 12 (c) other functions prescribed under a regulation. 13 Division 2 Board membership 14 42 Board membership 15 The board consists of not more than 5 members appointed by 16 the responsible Ministers. 17 43 Disqualification from membership 18 A person can not become, or continue as, a board member if 19 the person is a public service employee. 20 44 Chairperson and deputy chairperson 21 (1) The responsible Ministers must appoint a board member to be 22 the chairperson of the board and may appoint another member 23 to be the deputy chairperson of the board. 24

 


 

s 45 27 s 47 Forestry Plantations Queensland Bill 2006 (2) The chairperson or deputy chairperson holds office as 1 chairperson or deputy chairperson-- 2 (a) for the term decided by the responsible Ministers; or 3 (b) if the person's term of office as a board member ends 4 before the person's term of office as chairperson or 5 deputy chairperson ends--until the person's term of 6 office as a board member ends; or 7 (c) if the person's term of office as a board member and the 8 person's term of office as chairperson or deputy 9 chairperson end on the same day--until the day the 10 person's offices end. 11 (3) A vacancy occurs in the office of chairperson or deputy 12 chairperson if the person holding office-- 13 (a) resigns from office by signed notice of resignation given 14 to the responsible Ministers; or 15 (b) is removed from office by signed notice from the 16 responsible Ministers. 17 (4) However, a person removed from, or resigning from, the 18 office of chairperson or deputy chairperson may continue to 19 be a board member. 20 45 Term of appointment 21 A board member may be appointed for a term not exceeding 3 22 years. 23 46 Resignation from office 24 A board member may resign by signed notice given to the 25 responsible Ministers. 26 47 Conditions of appointment 27 (1) A board member is entitled to be paid the remuneration 28 decided by the responsible Ministers. 29 (2) A board member holds office-- 30 (a) on the conditions stated in this Act; and 31

 


 

s 48 28 s 52 Forestry Plantations Queensland Bill 2006 (b) on the other conditions decided by the responsible 1 Ministers. 2 Division 3 Board meetings 3 48 Conduct of board's business 4 Subject to this Act, the board may conduct its business in the 5 way it considers appropriate. 6 49 Times and places of board meetings 7 Board meetings are to be held at the times and places the 8 board decides. 9 50 Presiding at board meetings 10 (1) The chairperson must preside at all board meetings at which 11 the chairperson is present. 12 (2) If the chairperson is absent, the deputy chairperson, if present, 13 must preside. 14 (3) If the chairperson and the deputy chairperson are absent, the 15 board member chosen by the board members present must 16 preside. 17 51 Quorum for board meetings 18 A quorum for a board meeting is 3 board members. 19 52 Meetings held using communication technology 20 (1) The board may hold meetings by using any technology 21 allowing reasonably contemporaneous and continuous 22 communication between the board members taking part in the 23 meeting. 24 25 Example of technology allowing reasonably contemporaneous and 26 continuous communication-- 27 teleconferencing

 


 

s 53 29 s 54 Forestry Plantations Queensland Bill 2006 (2) A board member who participates in a board meeting under 1 subsection (1) is taken to be present at the meeting. 2 53 Board minutes 3 The board must keep minutes of its meetings. 4 54 Disclosure of interest 5 (1) This section applies to a board member (the interested 6 person) if-- 7 (a) the interested person has a direct or indirect interest in 8 an issue being considered, or about to be considered, by 9 the board; and 10 (b) the interest could conflict with the proper performance 11 of the person's duties about the consideration of the 12 issue. 13 (2) As soon as practicable after the relevant facts come to the 14 interested person's knowledge, the person must disclose the 15 nature of the interest to a board meeting. 16 (3) Unless the board otherwise directs, the interested person must 17 not-- 18 (a) be present when the board considers the issue; or 19 (b) take part in a decision of the board about the issue. 20 (4) The interested person must not be present when the board is 21 considering whether to give a direction under subsection (3). 22 (5) If there is another person who must, under subsection (2), also 23 disclose an interest in the issue, the other person must not-- 24 (a) be present when the board is considering whether to 25 give a direction under subsection (3) about the interested 26 person; or 27 (b) take part in making the decision about giving the 28 direction. 29 (6) Subsection (7) applies if-- 30 (a) because of this section, a board member is not present at 31 a board meeting for considering or deciding an issue, or 32

 


 

s 55 30 s 56 Forestry Plantations Queensland Bill 2006 for considering or deciding whether to give a direction 1 under subsection (3); and 2 (b) there would be a quorum if the member were present. 3 (7) The remaining persons present are a quorum of the board for 4 considering or deciding the issue, or for considering or 5 deciding whether to give the direction, at the meeting. 6 (8) A disclosure under subsection (2) must be recorded in the 7 board's minutes. 8 Division 4 Other provisions 9 55 Establishing committees 10 (1) The board may, with the approval of FPQ, establish 11 committees to help it perform its functions. 12 (2) However, FPQ's approval is not required for establishing a 13 committee that consists only of persons who are board 14 members. 15 (3) Appointments to a committee must be made by the board by 16 written notice. 17 (4) The board may appoint any person who has skills or 18 experience appropriate to the committee's terms of reference 19 or functions. 20 (5) A committee member is not entitled to any remuneration, 21 unless the remuneration is approved in writing by FPQ. 22 (6) A committee may decide its own procedures. 23 Part 4 Chief plantation forestry officer 24 56 Appointment of chief plantation forestry officer 25 (1) There is to be a chief plantation forestry officer. 26 (2) The chief plantation forestry officer is to be appointed by the 27 Governor in Council. 28

 


 

s 57 31 s 60 Forestry Plantations Queensland Bill 2006 57 Functions of chief plantation forestry officer 1 The chief plantation forestry officer has the functions given 2 under this or another Act. 3 Part 5 Transitional provisions 4 58 Definitions for pt 5 5 In this part-- 6 commencement means the commencement of this part. 7 FPQO means the public service office called Forestry 8 Plantations Queensland Office declared under the Public 9 Service Act 1996. 10 relevant assets and liabilities see section 59. 11 59 Meaning of relevant assets and liabilities 12 (1) The relevant assets and liabilities are the assets and liabilities 13 of the State that are controlled by FPQO immediately before 14 the commencement and stated in a register of assets and 15 liabilities prepared for FPQO and approved by the responsible 16 Ministers. 17 (2) The responsible Ministers may approve the register for the 18 purpose of subsection (1). 19 60 Assets and liabilities etc. 20 (1) On the commencement-- 21 (a) the State is divested of all relevant assets and liabilities 22 and the relevant assets and liabilities become the assets 23 and liabilities of FPQ; and 24 (b) contracts, agreements, arrangements and deeds, relating 25 to the relevant assets and liabilities, to which the State is 26 a party, in force immediately before the commencement, 27

 


 

s 61 32 s 62 Forestry Plantations Queensland Bill 2006 are taken to have been entered into by FPQ and may be 1 enforced against or by FPQ; and 2 (c) any property relating to the relevant assets and liabilities 3 that, immediately before the commencement, was held 4 on trust, or subject to a condition, by the State continues 5 to be held on the same trust, or subject to the same 6 condition, by FPQ; and 7 (d) a lease relating to the relevant assets and liabilities 8 granted by, or to, the State, in force immediately before 9 the commencement, is taken to have been granted by, or 10 to, FPQ; and 11 (e) proceedings by or against the State, or that could have 12 been started by or against the State before the 13 commencement, relating to the relevant assets or 14 liabilities may be continued or started by or against 15 FPQ. 16 (2) The registrar of titles or other person responsible for keeping a 17 register for dealings in property must, if asked by FPQ, record 18 the vesting of the property under this section in FPQ. 19 61 Relevant proceedings 20 (1) A relevant proceeding that could have been started by or 21 against the State before the commencement, but was not 22 started before the commencement, may be started by or 23 against FPQ. 24 (2) In this section-- 25 relevant proceeding means a proceeding related to the 26 performance of functions, or the exercise of powers, by the 27 State under the Forestry Act 1959 in relation to a State forest 28 that is, on the commencement, a State plantation forest. 29 62 Document taken to be FPQ's strategic plan 30 (1) The document that is, immediately before the 31 commencement, FPQO's business plan is, on the 32 commencement, taken to be FPQ's strategic plan. 33

 


 

s 63 33 s 64 Forestry Plantations Queensland Bill 2006 (2) Subsection (1) applies to the extent FPQO's business plan 1 provides for matters mentioned in the Financial Management 2 Standard 1997, section 18. 3 (3) Subsection (1) stops applying when a strategic plan for FPQ is 4 developed under the FA&A Act. 5 63 Document taken to be FPQ's operational plan 6 (1) The relevant annual performance contract is, on the 7 commencement, taken to be FPQ's operational plan. 8 (2) Subsection (1) applies to the extent the relevant annual 9 performance contract provides for matters mentioned in 10 section 25 or the Financial Management Standard 1997, 11 section 21. 12 (3) Subsection (1) stops applying when the responsible Ministers 13 agree to a draft operational plan under part 2, division 4. 14 (4) In this section-- 15 commercialisation document means the document called 16 `Commercialisation of Government Service Functions in 17 Queensland' mentioned in the Financial Management 18 Standard 1997, schedule 1, item 4. 19 DPI Forestry means the commercialised business unit of the 20 department in which the Fisheries Act 1994 is administered 21 known as DPI Forestry. 22 relevant annual performance contract means the annual 23 performance contract entered into by DPI Forestry under the 24 commercialisation document and in force for that entity 25 immediately before the establishment of FPQO. 26 64 Transitional regulation-making power 27 (1) A regulation (a transitional regulation) may make provision 28 about a matter for which-- 29 (a) it is necessary to make provision to allow or facilitate 30 the doing of anything to achieve the transition from the 31 operation of the Forestry Act 1959 as in force 32 immediately before the commencement to the operation 33

 


 

s 65 34 s 67 Forestry Plantations Queensland Bill 2006 of this Act and the Forestry Act 1959 as amended by this 1 Act; and 2 (b) this Act does not make provision or sufficient provision. 3 (2) A transitional regulation must declare it is a transitional 4 regulation. 5 (3) This section and any transitional regulation expire 1 year after 6 the commencement. 7 Part 6 Amendment of Parliament of 8 Queensland Act 2001 9 65 Act amended in pt 6 10 This part amends the Parliament of Queensland Act 2001. 11 66 Amendment of s 114 (Only 1 additional salary is payable) 12 Section 114(1)(a)-- 13 omit, insert-- 14 `(a) an office holder or Minister mentioned more than once 15 in section 112(1)(a) or (b); or'. 16 67 Insertion of new ch 7, pt 4 17 Chapter 7-- 18 insert-- 19 `Part 4 Salary sacrifice 20 `123A Application of pt 4 21 `This part applies to a member if the Parliamentary 22 Contributory Superannuation Act 1970 does not apply to the 23 member. 24

 


 

s 67 35 s 67 Forestry Plantations Queensland Bill 2006 `123B Member may salary sacrifice 1 `(1) A member may, by written notice given to the Clerk, elect that 2 the annual salary and any additional salary of the member-- 3 (a) be provided-- 4 (i) in part by the payment of salary to the member; 5 and 6 (ii) in part by the payment of superannuation 7 contributions to the State Public Sector 8 Superannuation Fund for the member; or 9 (b) be provided entirely by the payment of superannuation 10 contributions to the State Public Sector Superannuation 11 Fund for the member. 12 `(2) Despite part or all of the annual salary or any additional salary 13 of the member being paid to the State Public Sector 14 Superannuation Fund under the election, the member is taken 15 to have received the annual salary and any additional salary 16 the member is entitled to. 17 `(3) In this section-- 18 additional salary, of a member, means salary the member is 19 entitled to under part 2. 20 annual salary, of a member, means the annual salary the 21 member is entitled to under part 1. 22 State Public Sector Superannuation Fund means the State 23 Public Sector Superannuation Fund under the Superannuation 24 (State Public Sector) Act 1990. 25 `123C Variation or revocation of election 26 `A member may vary or revoke an election made under 27 section 123B by written notice given to the Clerk.'. 28

 


 

s 68 36 s 68 Forestry Plantations Queensland Bill 2006 Part 7 Amendment of other Acts 1 68 Acts amended in sch 1 2 Schedule 1 amends the Acts it mentions. 3

 


 

37 Forestry Plantations Queensland Bill 2006 Schedule 1 Amendments of Acts 1 section 68 2 Biodiscovery Act 2004 3 1 Section 14-- 4 insert-- 5 `(2A) Also, if the application relates to State land that is a State 6 plantation forest under the Forestry Plantations Queensland 7 Act 2006, the chief executive may approve the application 8 only if the chief plantation forestry officer has approved the 9 granting of the application. 10 `(5) In this section-- 11 chief plantation forestry officer means the chief plantation 12 forestry officer under the Forestry Plantations Queensland 13 Act 2006.'. 14 Forestry Act 1959 15 1 Section 5-- 16 insert-- 17 `administering entity, for part 6C, see section 61L. 18 FPQ means Forestry Plantations Queensland. 19 FPQO means the public service office called Forestry 20 Plantations Queensland Office declared under the Public 21 Service Act 1996. 22 relevant natural resource product means a natural resource 23 product the subject of a profit a prendre under section 24 46(1AA). 25 relevant provisions, for part 6C, see section 61L. 26

 


 

38 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) State plantation forest means a State forest, or part of a State 1 forest, that is a State plantation forest under the Forestry 2 Plantations Queensland Act 2006.'. 3 2 Section 17-- 4 insert-- 5 6 `Note-- 7 See also part 6C in relation to the appointment of forest officers by the 8 head of FPQO in relation to State plantation forests.'. 3 After section 33-- 9 insert-- 10 `33AA Application of pt 4 to a State plantation forest 11 `The application of this part in relation to a State plantation 12 forest is subject to part 6C.'. 13 4 Part 6-- 14 insert-- 15 `43 Application of pt 6 to forest products from a State 16 plantation forest 17 `The application of this part in relation to forest products from 18 a State plantation forest is subject to part 6C.'. 19 5 Section 46, after subsection (1)-- 20 insert-- 21 `(1AA) Without limiting subsection (1), the chief executive may enter 22 into a profit a prendre giving FPQ the right to deal with 23 natural resource products on State plantation forests.'. 24 6 Section 61J(7), definitions carbon sequestration and 25 natural resource product-- 26 relocate to section 5. 27

 


 

39 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) 7 After section 61J-- 1 insert-- 2 `Part 6C Management of State 3 plantation forests 4 `61K Purpose of pt 6C 5 `The purpose of this part is to provide for particular functions 6 and powers of the chief executive under this Act to be 7 performed or exercised by FPQ or the head of FPQO in 8 relation to State plantation forests. 9 `61L Definitions 10 `In this part-- 11 administering entity, for a relevant provision, means the 12 entity identified in schedule 1, column 2 for the provision. 13 relevant provisions means each of the following-- 14 (a) section 5, to the extent it is relevant to another relevant 15 provision; 16 (b) sections 17 and 21; 17 (c) part 4; 18 (d) sections 46, 48, 50 to 52, 55 to 59 and 61; 19 (e) sections 62(2), 65 and 68; 20 (f) sections 70 to 73, 74, 76, 80 to 82, 82D to 82L, 83, 21 84(1), (3) and (4), 88(2F) and (3), 91 and 92. 22 `61M Functions to be performed, and powers to be exercised, 23 by administering entity 24 `(1) In relation to a State plantation forest-- 25 (a) a function conferred on the chief executive under a 26 relevant provision must be performed by the 27 administering entity for the provision; and 28

 


 

40 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) (b) a power conferred on the chief executive under a 1 relevant provision may be exercised only by the 2 administering entity. 3 `(2) However, a function or power conferred on the chief executive 4 under part 46 may be performed or exercised by either 5 administering entity. 6 `(3) Subsection (1) applies subject to sections 61O(h) and 96A. 7 `(4) To remove any doubt, it is declared that-- 8 (a) the head of FPQO may appoint a person to act as a 9 forest officer under section 17 only for functions and 10 powers of a forest officer relating to State plantation 11 forests or forest products from State plantation forests; 12 and 13 (b) FPQ may not exercise the power under section 557 to 14 grant a licence in relation to a State plantation forest for 15 a purpose mentioned in section 55(1)(g). 16 `61N Application of relevant provisions 17 `For section 61M, the relevant provisions apply, with any 18 necessary changes, as if-- 19 (a) a reference in the relevant provisions to the chief 20 executive were a reference to the administering entity; 21 and 22 (b) a reference in the relevant provisions to the Minister 23 were a reference to the responsible Ministers under the 24 Forestry Plantations Queensland Act 2006; and 25 (c) a reference in the following provisions to the Crown 26 were a reference to FPQ-- 27 (i) section 61(2), to the extent it applies to relevant 28 natural resource products; 29 (ii) section 72(8); 30 6 Part 4 (Management of State forests, timber reserves and forest entitlement areas) 7 Section 55 (Licences to get forest products etc.)

 


 

41 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) (iii) section 82(5), to the extent it applies to relevant 1 natural resource products; 2 (iv) section 83(3), to the extent it applies to seized 3 things that are relevant natural resource products; 4 (v) section 92; and 5 (d) a reference in sections 37(2B), 58(1A) and 65(2) and (3) 6 to the State were a reference to the administering entity; 7 and 8 (e) to the extent section 82D(3) applies to seized things that 9 are relevant natural resource products, a reference in the 10 section to the State were a reference to FPQ; and 11 (f) to the extent section 91(1) and (1C) applies to 12 proceedings related to relevant natural resource 13 products, a reference in the section to the State were a 14 reference to FPQ. 15 `61O Application of other provisions 16 `For the application of this Act in relation to a State plantation 17 forest or a relevant natural resource product-- 18 (a) sections 64(1) and 69(1) apply as if a reference to the 19 Minister were a reference to the responsible Ministers 20 under the Forestry Plantations Queensland Act 2006; 21 and 22 (b) a reference in section 77 to forest products on a State 23 forest includes a reference to relevant natural resource 24 products; and 25 (c) to the extent section 82M applies to seized things that 26 are relevant natural resource products, a reference in the 27 section to the State's property is a reference to FPQ's 28 property; and 29 (d) a reference in section 86(1)(i) to forest products on 30 which moneys are payable to the Crown or the chief 31 executive includes a reference to relevant natural 32 resource products on which moneys are payable to FPQ; 33 and 34

 


 

42 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) (e) a reference in section 86(1)(j) to chattels the property of 1 the State includes a reference to chattels the property of 2 FPQ; and 3 (f) to the extent section 88 applies to relevant natural 4 resource products-- 5 (i) a reference in section 88(2A) to the property of the 6 Crown is a reference to the property of FPQ; and 7 (ii) a reference to the State in section 88(2C) to the 8 State is a reference to FPQ; and 9 (g) a reference in section 88(2E) to the chief executive is a 10 reference to the head of FPQO; and 11 (h) a reference in section 89 to the Crown or the State is a 12 reference to FPQ; and 13 (i) section 96A(1) applies as if, after the words `this Act', 14 there are added the words `, or, in relation to a State 15 plantation forest, an appropriately qualified person 16 performing work for FPQ under a work performance 17 arrangement entered into under the Forestry Plantations 18 Queensland Act 2006, section 34'. 19 `61P Sale of natural resource products from State plantation 20 forests by FPQ under profit a prendre 21 `(1) This section applies if-- 22 (a) the head of FPQO enters into a profit a prendre under 23 sections 46(1AA) and 61M; and 24 (b) FPQ sells natural resource products from a State 25 plantation forest under the profit a prendre. 26 `(2) Section 46 applies to the sale of the relevant natural resource 27 products by FPQ as if the natural resource products were sold 28 by the head of FPQO on behalf of the State. 29 `(3) For subsection (2), section 46(1A) and (2) apply as if-- 30 (a) a reference to the chief executive were a reference to 31 FPQ; and 32

 


 

43 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) (b) a reference to the chief executive acting on behalf of the 1 Crown were a reference to FPQ acting on its own 2 behalf.'. 3 8 Part 7-- 4 insert-- 5 `61Q Application of pt 7 to a State plantation forest 6 `The application of this part in relation to a State plantation 7 forest is subject to part 6C.'. 8 9 Part 8-- 9 insert-- 10 `69E Application of pt 8 to a State plantation forest 11 `The application of this part in relation to a State plantation 12 forest is subject to part 6C.'. 13 10 Section 93(1)-- 14 insert-- 15 `(aa) the boundaries of every State plantation forest; and'. 16 11 Section 95(e) and (f), after `by the chief executive'-- 17 insert-- 18 `or, in relation to a State plantation forest, by FPQ or the head of 19 FPQO,'. 20 12 Section 95(k), after `by the chief executive'-- 21 insert-- 22 `, FPQ or the head of FPQO'. 23

 


 

44 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) 13 Section 95(l), after `chief executive'-- 1 insert-- 2 `, FPQ or the head of FPQO'. 3 14 Section 97-- 4 insert-- 5 `(4) The Minister may recommend to the Governor in Council the 6 making of a regulation that applies to or affects a State 7 plantation forest only with the approval of the responsible 8 Ministers under the Forestry Plantations Queensland Act 9 2006.'. 10 15 After section 116-- 11 insert-- 12 `Part 10 Transitional provisions for 13 Forestry Plantations 14 Queensland Act 2006 15 `117 Permits and licences etc. relating to State plantation 16 forests 17 `(1) This section applies to a relevant authority granted or made by 18 the chief executive-- 19 (a) in relation to land in a State plantation forest or a forest 20 product from a State plantation forest; and 21 (b) that is in force immediately before this part commences. 22 `(2) From the commencement of this part, the authority is taken to 23 have been granted or made-- 24 (a) by the administering entity for the provision under 25 which the authority was granted or made; and 26 (b) subject to the power of the administering entity to 27 cancel, suspend or forfeit the authority under section 28

 


 

45 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) 58(1), as if the authority had been granted or made by 1 the administering entity after that commencement. 2 `(3) If the authority was granted or made subject to a condition 3 mentioned in section 58(1A) in relation to relevant natural 4 resource products, section 58(1A) and the condition apply, 5 with any necessary changes, as if the money to which the 6 section and condition apply were payable to FPQ. 7 `(4) Subsections (2) and (3) apply despite section 58. 8 `(5) In this section-- 9 administering entity see section 61L. 10 relevant authority means-- 11 (a) a permit under section 35; or 12 (b) a licence under section 55; or 13 (c) a permit, licence, lease or another authority, or an 14 agreement or contract, under section 56; 15 and does not include-- 16 (d) an instrument or authority mentioned in paragraphs (a) 17 to (c) that relates to, or to the extent it relates to, quarry 18 material. 19 `118 Transitional regulation-making power 20 `(1) A regulation (a transitional regulation) may make provision 21 about a matter for which-- 22 (a) it is necessary to make provision to allow or facilitate 23 the doing of anything to achieve the transition from the 24 operation of this Act as in force immediately before the 25 commencement of this section to the operation of this 26 Act as amended by the Forestry Plantations Queensland 27 Act 2006; and 28 (b) this Act does not make provision or sufficient provision. 29 `(2) A transitional regulation must declare it is a transitional 30 regulation. 31

 


 

46 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) `(3) This section and any transitional regulation expire 1 year after 1 the commencement of this section.'. 2 16 Before schedule 2-- 3 insert-- 4 `Schedule 1 Administering entity for State 5 plantation forests 6 section 61L, definition administering entity 7 Column 1 Column 2 Relevant provision Administering entity FPQ Head of FPQO section 5, to the extent it is relevant to another relevant provision sections 17 and 21 part 4a section 46 sections 48, 50 to 52, 55 to 57, 59 and 61, to the extent they apply to-- (a) relevant natural resource products; or (b) other forest products section 58 sections 62(2), 65 and 68 sections 70 to 73, 74, 76, 80 and 81 sections 82, 82D to 82L and 83, to the extent they apply to--

 


 

47 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) Column 1 Column 2 Relevant provision Administering entity FPQ Head of FPQO (a) seized or forfeited things that are relevant natural resource products; or (b) other forest products sections 84(1) and (4), 88(3) and 91, to the extent they apply to an officer acting in relation to, or proceedings related to-- (a) relevant natural resource products; or (b) other forest products sections 84(3) and 88(2F) section 92 '. a See also section 61M(2). 17 Schedule 2, section 5, after `State'-- 1 insert-- 2 `or FPQ'. 3 18 Schedule 2, sections 6 and 25, after `the Crown'-- 4 insert-- 5 `or FPQ'. 6

 


 

48 Forestry Plantations Queensland Bill 2006 Schedule 1 (continued) Statutory Bodies Financial Arrangements Act 1982 1 1 Section 6(1)-- 2 insert-- 3 `(ia) Forestry Plantations Queensland;'. 4

 


 

49 Forestry Plantations Queensland Bill 2006 Schedule 2 Dictionary 1 section 3 2 approval means written approval. 3 board means the Forestry Plantations Queensland Advisory 4 Board established under section 40. 5 chief plantation forestry officer means the chief plantation 6 forestry officer appointed under section 56. 7 commencement, for part 5, see section 58. 8 community service obligation means an obligation on FPQ-- 9 (a) to perform an activity or provide a service that-- 10 (i) is not in FPQ's commercial interests to perform or 11 provide; and 12 (ii) is purchased by the Government; and 13 (b) arising-- 14 (i) from a direction given to FPQ by the responsible 15 Ministers under section 32; or 16 (ii) because of its inclusion in FPQ's operational plan. 17 FA&A Act means the Financial Administration and Audit Act 18 1977. 19 Finance Minister means the Minister responsible for 20 administering the FA&A Act. 21 financial arrangements, for part 2, division 3, see section 13. 22 FPQ means the corporation established under section 6 under 23 the name Forestry Plantations Queensland. 24 FPQO, for part 5, see section 58. 25 natural resource product see the Forestry Act 1959, section 5. 26 operational plan, of FPQ, means the operational plan FPQ is 27 required to develop under the FA&A Act. 28

 


 

50 Forestry Plantations Queensland Bill 2006 Schedule 2 (continued) 1 Note-- 2 See the Financial Management Standard 1997, part 2 (Planning), 3 division 2 (Strategic and operational planning for agencies). See also the 4 additional requirements for FPQ's operational plan in part 2, division 4. Primary Industries Minister means the Minister responsible 5 for administering the Fisheries Act 1994. 6 relevant assets and liabilities, for part 5, see section 59. 7 responsible Ministers means the Finance Minister and the 8 Primary Industries Minister. 9 State forest see the Forestry Act 1959, section 5. 10 State plantation forest means land declared under section 4 to 11 be a State plantation forest. 12 strategic plan, of FPQ, means the strategic plan FPQ is 13 required to develop under the FA&A Act. 14 15 Note-- 16 See the Financial Management Standard 1997, part 2 (Planning), 17 division 2 (Strategic and operational planning for agencies). State of Queensland 2006

 


 

AMENDMENTS TO BILL

1 Forestry Plantations Queensland Bill 2006 Forestry Plantations Queensland Bill 2006 Amendments agreed to during Consideration 1 Clause 33-- At page 21, line 18, `or a member of the board'-- omit, insert-- `, a member of the board or another appropriately qualified person'. 2 Clause 33-- At page 21, after line 21-- insert-- `appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function.'. 3 Clause 34-- At page 22, after line 27-- insert-- `(4A) To remove any doubt, it is declared that FPQ does not have power to employ a public service employee or another person performing work for FPQ under a work performance arrangement.'. 4 Schedule 1-- At page 40, line 7, `sections 61O(h) and 96A'-- omit, insert-- `a provision of an Act allowing the administering entity to delegate its functions or powers'.

 


 

2 Forestry Plantations Queensland Bill 2006 5 Schedule 1-- At page 42, lines 13 to 19-- omit, insert-- `reference to FPQ.'.

 


[Index] [Search] [Download] [Related Items] [Help]