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CLAUSE NOTES
Forests (Unlocking Production Forests) Bill 2017
PART 1 – PRELIMINARY
Clause 1 - Short title
This clause provides the short title to be used when citing the Act for any legal purpose.
Clause 2 - Commencement
The Bill will commence in two stages:
Part 5 will commence on Royal Assent
Part 5 amends the Forestry (Rebuilding the Forest Industry) Act 2014 by making the Minister
administering the Forestry (Rebuilding the Forest Industry) Act 2014 the responsible Minister
for assessing applications to undertake special species harvesting on future potential
production forest land.
The remaining Parts of the Bill commence on 1 July 2018. These Parts bring into effect
the key changes to create production forest land, and to provide for the administration
of that land for the purposes of forest harvesting.
PART 2 – CROWN LANDS ACT 1976 AMENDED
Clause 3 - Principal Act
This clause provides that the Crown Lands Act 1976 is referred to as the Principal Act in Part 2.
Clause 4 - Section 29 amended (Lease of Crown land)
This clause amends section 29 of the Crown Lands Act 1976 to restrict leases of Crown land for
forestry purposes to 10 years.
Clause 5 - Section 31 amended (Lease of land for rural purposes)
This clause amends section 31 of the Crown Lands Act 1976 so that leases for forestry purposes
are not required to be made available through the public auction process described in section
31.
Clause 6 - Section 35A (Compensation payable on non-renewal of certain leases)
This clause amends section 35A of the Crown Lands Act 1976 to exclude a lease for forestry
purposes from the right to compensation for improvements in the event the lease expires by
passage of time and the lease is not renewed or an option granted to purchase the land.
Clause 7 - Section 71A amended (Delegation)
This clause amends the section 71A of the Crown Lands Act 1976 to confirm the capacity of a
Portfolio Minister to delegate a function or power given to a Portfolio Minister under the Crown
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Lands Act 1976 to any person, and for that person to be able to sub-delegate that function or
power.
PART 3 – FOREST MANAGEMENT ACT 2013 AMENDED
Clause 8 - Principal Act
This clause provides that the Forest Management Act 2013 is referred to as the Principal Act in
Part 3.
Clause 9 – Section 3 amended (Interpretation)
Clause 9 amends section 3 of the Forest Management Act 2013 to replace the definition of ‘future
potential production forest land’ with a definition of ‘production forest land’.
Clause 10 – Section 10 amended (Reservation of Crown land as permanent timber production
zone land)
Clause 10 amends section 10 of the Forest Management Act 2013 by inserting a new sub-clause
(1A) to confirm that Crown land that is production forest land may be subject of an order under
section 10 to reserve that production forest land as permanent timber production zone land.
Clause 10 also amends section 10(3) of the Forest Management Act 2013 to provide that the
Minister must obtain advice from the Forest Manager that the land specified in the order to
reserve Crown land as permanent timber production zone land is required for the supply of
forest products or for the purpose of an adjustment of the boundary of any land.
Clause 11 - Section 11 amended (Revocation of permanent timber production zone land)
Clause 11 amends section 11 of the Forest Management Act 2013 to clarify that if permanent
timber production zone land is revoked, it may be converted into Crown land or Crown land
that is also production forest land, as specified in the revocation order.
Clause 12 - Sections 11A and 11B repealed
Clause 12 repeals sections 11A and 11B of the Forest Management Act 2013. Sections 11A and
11B were inserted into the Forest Management Act 2013 by the Forestry (Rebuilding the Forest
Industry) Act 2014.
Section 11A provides for the exchange of areas of permanent timber production zone land and
future potential production forest land.
Section 11B provides for the conversion of future potential production forest land to permanent
timber production zone land.
Clause 13 - Section 12A amended (Prohibition on purchase, &c., of production forest land)
Clause 13 amends section 12A of the Forest Management Act 2013 by changing a reference to
future potential production forest land to production forest land.
Clause 14 - Section 16 amended (Wood production supply)
Clause 14 amends section 16 of the Forest Management Act 2013 by allowing the Forest Manager
to acquire logs, sawlogs and timber from within, or outside of, the permanent timber production
zone land for the purposes of making those logs, sawlogs or timber available under section 16(1).
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PART 4- FOREST PRACTICES REGULATIONS 2007 AMENDED
Clause 15 - Principal Regulations
This clause provides that the Forest Practices Regulations 2007 are referred to as the Principal
Regulations in Part 4.
Clause 16 - Regulation 4A rescinded
Clause 16 rescinds regulation 4A of the Forest Practices Regulations 2007.
Regulation 4A provides that the exemption, provided under regulation 4(a) of the Forest Practices
Regulations 2007, from the requirement to have a certified forest practices plan for the harvesting
of timber or the clearing of trees with the consent of the owner of the land, if the land is not
vulnerable land and –
(i) the volume of timber harvested or trees cleared is less than 100 tonnes for each area
of applicable land for each year; or
(ii) the total area of land on which the harvesting or clearing occurs is less than one
hectare for each area of applicable land for each year.
Whichever is the lesser, does not apply to future potential production forest land.
The rescinding of regulation 4A will mean that any harvesting of timber or clearing trees on
production forest land will require a certified forest practices plan in the same circumstances as
apply to all other land tenures.
PART 5- FORESTRY (REBUILDING THE FOREST INDUSTRY) ACT 2014 AMENDED
Clause 17 - Principal Act
This clause provides that the Forestry (Rebuilding the Forest Industry) Act 2014 is referred to as the
Principal Act in Part 5.
Clause 18 - Section 11 amended (Application for approval to undertake special species timber
harvesting in future potential production forest land)
Clause 18 amends section 11 of the Forestry (Rebuilding the Forest Industry) Act 2014 by making
the Minister administering the Forestry (Rebuilding the Forest Industry) Act 2014 responsible for the
assessment and approval of applications to undertake special species timber harvesting in future
potential production forest land.
The clause further amends section 11 by omitting sections 11(3), 11(4), 11(5) and 11(6) which
provide for an application to undertake special species timber harvesting being made to the
Crown Lands Minister and require the Crown Lands Minister to consult with the Minister
administering the Forest Management Act 2013 and the Minister administering the Forestry
(Rebuilding the Forest Industry) Act 2014 before approving an application to undertake special
species timber harvesting.
The clause also amends section 11 by omitting references in sections 11(2), 11(8) and 11(9) to
matters to be addressed by regulation, which will be addressed through the Portfolio Minister’s
powers and functions under the Crown Lands Act 1976.
Clause 18 amends section 11(7) by removing the requirement that an approval to harvest special
species timber may only be given if the Minister is satisfied that the special species timber, that is
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the subject of the application under section 11, cannot be supplied, at the time of making the
application, from the permanent timber production zone land.
PART 6 – FORESTRY (REBUILDING THE FOREST INDUSTRY) ACT 2014 FURTHER
AMENDED
Clause 19 - Principal Act
This clause provides that the Forestry (Rebuilding the Forest Industry) Act 2014 is referred to as the
Principal Act in Part 6.
Clause 20 - Section 3 amended (Interpretation)
Clause 20 amends section 3 of the Forestry (Rebuilding the Forest Industry) Act 2014 by inserting
definitions of key terms and omitting definitions of terms not required as a result of the
amendments to the Forestry (Rebuilding the Forest Industry) Act 2014.
Clause 21 - Part 2: heading amended
Clause 21 amends the heading of Part 2 of the Forestry (Rebuilding the Forest Industry) Act 2014
to refer to Production Forest Land
Clause 22 - Section 4 amended (Production forest land)
Clause 22 amends section 4 of the Forestry (Rebuilding the Forest Industry) Act 2014 by omitting
the description of future potential production forest land and providing a new description of
production forest land.
Clause 22 provides that production forest land is land described in column 2 of the table set out
in clause 2 of Schedule 1, and land that becomes production forest land as a result of an order
made under section 11 of the Forest Management Act 2013.
Section 11 of the Forest Management Act 2013 provides for the making of an order to revoke
permanent timber production zone land and the conversion of that land to Crown land.
Clause 22 makes production forest land available for forest harvesting if the harvesting is
undertaken in accordance with the Forest Practices Act 1985.
Clause 22 prohibits the Forestry corporation from undertaking forest harvesting on the land, with
the exception of the coupes specified in Schedule 2 of the Forestry (Rebuilding the Forest Industry)
Act 2014. These coupes were originally identified as available for harvesting in the Tasmanian
Forests Agreement Act 2013 (repealed). The Forestry corporation is also permitted to undertake
ancillary harvesting activities on production forest land.
Clause 22 confirms that the prohibition on harvesting of production forest land by the Forestry
corporation does not prevent the Forestry corporation from acquiring wood that is a product of
legal harvesting on production forest land.
Clause 23 - Section 4A inserted
Clause 23 inserts a new section 4A of the Forestry (Rebuilding the Forest Industry) Act 2014 that
makes the prescribed production forest land portfolio land, and the Minister administering the
Forestry (Rebuilding the Forest Industry) Act 2014, the Portfolio Minister, for the purposes of the
Crown Lands Act 1976.
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The new section 4A also requires, at section 4A(3), that the Minister has to take into account
the special species management plan, and the likely impact that forest harvesting will have on any
area of land identified in the special species management plan as available for special species
harvesting, in determining the terms and conditions of any lease or licence granted under the
Crown Lands Act 1976 on prescribed production forest land.
Sub-section 4A(4) prohibits the Crown Lands Minister from selling, transferring or conveying an
estate in fee simple in prescribed production forest land. The Portfolio Minister has no power of
sale over portfolio land under the Crown Lands Act 1976.
Subsection 4A(5) provides that the prohibition on the sale, transfer or conveying of the
prescribed production forest land does not apply to land used for certain infrastructure.
Clause 24 - Sections 6, 7 and 8 repealed
Clause 24 repeals sections 6, 7 and 8 of the Forestry (Rebuilding the Forest Industry) Act 2014.
Clause 25 - Section 9 amended (Continuation of leases, licences, &c.)
This clause makes consequential amendments to section 9 of the Forestry (Rebuilding the Forest
Industry) Act 2014.
Section 9 provides that, apart from a lease or licence issued under the Mineral Resources and
Development Act 1995, any lease, licence, temporary licence, occupation permit or burdening
easement in force in respect of future production forest land remains in place.
In addition to the consequential amendments to section 9, Clause 25 provides for the Minister
administering the Forestry (Rebuilding the Forest Industry) Act 2014 to be substituted as the grantor
in place of the Crown Lands Minister.
The clause further provides the Minister administering the Forestry (Rebuilding the Forest Industry)
Act 2014 with the powers and functions of the grantor in relation to a lease, licence, temporary
licence, occupation permit or burdening easement in force in respect of future production forest
land.
Clause 26 - Part 3: heading amended
This clause amends the heading of Part 3 of the Forestry (Rebuilding the Forest Industry) Act 2014
to ‘Special Species Management Plan and Harvesting’.
Clause 27 - Section 11 repealed
Clause 27 repeals section 11 of the Forestry (Rebuilding the Forest Industry) Act 2014, which
provides the application process for special species timber harvesting on future potential
production forest land.
Applications for special species timber harvesting on production forest land are provided for
under clause 22 of the Bill as part of ‘forest harvesting’.
Clause 28 - Section 12 amended (Special species management plan)
Clause 28 provides a consequential amendment to section 12 of the Forestry (Rebuilding the Forest
Industry) Act 2014 by providing a reference to production forest land in section 12(2).
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Clause 29 - Section 34A inserted
Clause 29 inserts a new section 34A in the Forestry (Rebuilding the Forest Industry) Act 2014.
Section 34A provides that areas of the future potential production forest land that are also
included on the World Heritage List do not form part of the production forest land and confirm
that forest harvesting may not be undertaken on that land.
Clause 30 - Schedule 1 amended (Future Potential Production Forest Land)
Schedule 1 details the land that is production forest land.
Clause 31 - Schedule 3 repealed
Clause 31 repeals Schedule 3 of the Forestry (Rebuilding the Forest Industry) Act 2014, which
provides the Objectives for Management of future potential production forest land.
Clause 32 - Schedule 4 amended (Savings and Transitional Provisions)
Clause 32 makes consequential amendments to Schedule 4 by amending definitions contained in
Schedule 4 to refer to production forest land.
Schedule 4 of the Forestry (Rebuilding the Forest Industry) Act 2014 provides for the transfer of
assets, contracts and liabilities in connection with land that is future potential production forest
land, by virtue of section 4 of the Forestry (Rebuilding the Forest Industry) Act 2014, from a
Government Business Enterprise or State-owned company to the Crown and from the Crown
to a Government Business Enterprise or State-owned company.
Clause 33 - Schedule 5 substituted
Clause 33 repeals Schedule 5 of the Forestry (Rebuilding the Forest Industry) Act 2014 and replaces
it with a new Schedule 5 that sets out the plan of the production forest land.
PART 7 – NATURE CONSERVATION ACT 2002 AMENDED
Clause 34 - Principal Act
This clause provides that the Nature Conservation Act 2002 is referred to as the Principal Act in
Part 7.
Clause 35 - Section 3 amended (Interpretation)
Clause 35 amends section 3 of the Nature Conservation Act 2002 by omitting the definition of
future potential production forest land and providing a new definition of production forest land.
Clause 36 - Section 18 amended (Parliamentary approval required for certain draft
proclamations)
Clause 36 amends section 18 of the Nature Conservation Act 2002 by removing references to
future potential production forest land and providing references to production forest land.
The Forestry (Rebuilding the Forestry Industry) Act 2014 amended Section 18 of the Nature
Conservation Act 2002 to provide that a proclamation is not to be made under section 11(2) of
the Nature Conservation Act 2002 declaring future potential production forest land to be of any
class of reserved land unless a draft of the proclamation has been first approved by each House
of Parliament.
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PART 8 – MISCELLANEOUS
Clause 37 - Further amendment, & c., of regulations not prevented
Clause 37 confirms that the amendment of the Forest Practices Regulations 2007 by the Bill does
not prevent its subsequent amendment or rescission by a later regulation.
Clause 38 - Repeal of Act
Clause 38 provides that the Bill is repealed on the 365th day from the day on which it commences.
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