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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Forest Products Amendment Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 10 amended 2
5. Section 55 amended 3
6. Section 58 amended 3
7. Section 58A inserted 4
8. Section 61 amended 6
9. Section 69 amended 7
307--2 page i
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Forest Products Amendment Bill 2004
A Bill for
An Act to amend the Forest Products Act 2000.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Forest Products Amendment
Act 2004.
page 1
Forest Products Amendment Bill 2004
s. 2
2. Commencement
This Act comes into operation on the day on which it receives the
Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Forest Products
Act 2000*.
[* Act No. 34 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 151.]
10 4. Section 10 amended
Section 10(1) is amended as follows:
(a) after paragraph (s) by deleting "and";
(b) at the end of paragraph (t) by deleting the full
stop and inserting a semicolon instead;
15 (c) after paragraph (t) by inserting the following
paragraphs --
"
(u) to provide services relating to the
establishment, maintenance,
20 management, harvesting and marketing
of tree plantings, and products from tree
plantings, on land that is not public
land, and to charge fees for the
provision of those services;
25 (v) to provide equipment, facilities and
systems associated with the
performance of a function referred to in
paragraph (u), and to charge for that
provision; and
30 (w) to promote and market the Commission
and its activities.
".
page 2
Forest Products Amendment Bill 2004
s. 5
5. Section 55 amended
Section 55 is amended by inserting before the definition of
"production contract" the following definitions --
"
5 "plantation product" means a forest product from or
comprising a plantation tree and includes --
(a) the whole tree; or
(b) a part of the tree or a thing produced by the
tree, whether or not the part of the tree or the
10 thing produced by the tree is above or below
the ground or has become separated from the
tree before being harvested;
"plantation product contract" means a production
contract for the management, harvesting or sale of
15 plantation products, and no other forest products,
to which the Commission is a party but does not
include such a contract entered into or to be
entered into under a Government agreement within
the meaning of the Government Agreements
20 Act 1979;
"plantation tree" means a tree that --
(a) is not indigenous to the State; and
(b) is from a plantation maintained by the
Commission on departmental land;
25 ".
6. Section 58 amended
After section 58(2) the following subsection is inserted --
"
(3) This section does not apply to a plantation product
30 contract.
".
page 3
Forest Products Amendment Bill 2004
s. 7
7. Section 58A inserted
After section 58 the following section is inserted --
"
58A. Plantation product contracts
5 (1) Before entering into a plantation product contract, or a
renewal or extension of a plantation product contract,
the Commission is to ensure that --
(a) the quantities and kinds of plantation products;
and
10 (b) the location of the plantation products,
proposed to be managed, harvested or sold under the
plantation product contract entered into, renewed or
extended, as the case may be, are in accordance with
the provisions of the management plan as if the
15 management plan were of effect for all of the term of
the plantation product contract, or the renewed or
extended term, as the case may be.
(2) In subsection (1) --
"management plan" means --
20 (a) in relation to a plantation product contract
proposed to be entered into or renewed, the
management plan --
(i) relating to departmental land on which
the plantation products are located; and
25 (ii) of effect at the date on which the
original plantation product contract is
entered into;
and
page 4
Forest Products Amendment Bill 2004
s. 7
(b) in relation to a plantation product contract
proposed to be extended, the management
plan --
(i) relating to departmental land on which
5 the plantation products are located; and
(ii) of effect at the date on which the
plantation product contract is extended.
(3) Except with the concurrence of the CALM Act
Minister, the Commission cannot --
10 (a) enter into a plantation product contract for a
term exceeding 10 years; or
(b) grant a right to renew or extend, or renew or
extend, the term of a plantation product
contract beyond 10 years from the date of
15 commencement of the original term.
(4) The Commission cannot --
(a) enter into a plantation product contract for a
term exceeding 25 years; or
(b) grant a right to renew or extend, or renew or
20 extend, the term of a plantation product
contract beyond 25 years from the date of
commencement of the original term.
(5) The Minister, within 28 days of --
(a) entering into a plantation contract for a term
25 exceeding 10 years; or
(b) granting a right to renew or extend, or renewing
or extending, the term of a plantation contract
beyond 10 years from the date of
commencement of the original term,
30 is to cause a copy of the contract, grant, renewal or
extension to be laid before each House of Parliament or
dealt with in accordance with section 69.
".
page 5
Forest Products Amendment Bill 2004
s. 8
8. Section 61 amended
(1) Section 61 is amended as follows:
(a) by inserting before "A provision" the subsection
designation "(1)";
5 (b) in paragraph (b) by inserting after "forest products" --
" , other than a plantation product contract, ".
(2) At the end of section 61 the following subsections are
inserted --
"
10 (2) A provision in, or condition of, a plantation product
contract that is inconsistent with --
(a) this Act;
(b) the CALM Act; or
(c) the management plan,
15 is of no effect, but without prejudice to other
provisions or conditions of the contract.
(3) In subsection (2) --
"management plan" means --
(a) in relation to a plantation product contract
20 other than a plantation product contract
referred to in paragraph (b), the management
plan --
(i) relating to departmental land on which
plantation products that are to be
25 managed, harvested or sold under the
plantation product contract are located;
and
(ii) of effect at the date on which the
original plantation product contract was
30 entered into;
and
page 6
Forest Products Amendment Bill 2004
s. 9
(b) in relation to a plantation product contract
that has been extended, on and from the time
the contract is extended, the management
plan --
5 (i) relating to departmental land on which
plantation products that are to be
managed, harvested or sold under the
plantation product contract are located;
and
10 (ii) of effect at the date on which the
plantation product contract was
extended.
".
9. Section 69 amended
15 Section 69(1) is amended by deleting "or 36(4)" and inserting
instead --
" 36(4) or 58A(5) ".
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