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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Sustainable Forests (Timber) Amendment Bill 2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF SUSTAINABLE FORESTS
(TIMBER) ACT 2004 3
Division 1--Allocation orders and management of timber
resources 3
3 Purposes of the Sustainable Forests (Timber) Act 2004 3
4 Definitions 3
5 New section 12A inserted 4
12A Timber resources are property of the Crown 4
6 Sections 14 and 15 substituted 4
14 Property vests in VicForests on publication of order 4
15 Contents of an allocation order 5
7 Power to amend or vary allocation order 6
8 New section 17A inserted 6
17A Effect of amendment or variation relating to the
allocation of timber resources 6
9 Review of allocation of timber resources 7
10 Minister to have regard to certain matters 7
11 What happens after a review? 8
12 Minister to consult on reduction of allocation 8
13 New section 21A inserted 8
21A Rights of third parties 8
14 Timber resources are property of the Crown 8
15 Section 37 substituted 8
37 VicForests to prepare plan 8
16 Contents of plan 9
17 Section 39 substituted 10
39 Plan to be submitted to Secretary 10
18 Section 40 repealed 10
19 Section 41 substituted 10
41 VicForests to publish notice of plan 10
20 Property vests in VicForests on publication of notice 11
571211B.I-16/4/2013 i BILL LC INTRODUCTION 16/4/2013
Clause Page
21 Section 43 substituted 11
43 Review of and changes to timber release plan 11
22 Section 44 substituted 12
44 VicForests to operate in accordance with timber
release plan 12
23 Offence to undertake unauthorised timber harvesting
operations 12
24 New section 97 inserted 13
97 Native title rights and interests not affected by the
Sustainable Forests (Timber) Amendment
Act 2013 13
25 Part 13 substituted 13
PART 13--TRANSITIONAL PROVISIONS 13
140 Existing allocation order and timber release plan 13
Division 2--Repeal of certain provisions relating to management
of timber harvesting and conduct of timber harvesting operations 14
26 Repeal of definition 14
27 Compliance with Codes of Practice 14
28 Minister may arrange audits 14
29 Licensing of timber harvesting operators 14
30 Direction to produce licence 14
31 Direction in relation to conduct of timber harvesting
operations 15
32 Suspension of timber harvesting operation 15
33 Expiry of suspension notice once matter remedied 15
34 Regulations 15
PART 3--AMENDMENT OF TRADITIONAL OWNER
SETTLEMENT ACT 2010 16
35 Definition of limited land use activity 16
36 Definition of land use activity 16
37 Definition of decision maker 16
38 Requirements for publication of notice 17
39 Section 48 substituted 17
48 Obligations of decision maker to ascertain
compliance 17
PART 4--REPEAL OF AMENDING ACT 19
40 Repeal of amending Act 19
ENDNOTES 20
571211B.I-16/4/2013 ii BILL LC INTRODUCTION 16/4/2013
PARLIAMENT OF VICTORIA
Introduced in the Council
Sustainable Forests (Timber)
Amendment Bill 2013
A Bill for an Act to amend the Sustainable Forests (Timber) Act
2004 and the Traditional Owner Settlement Act 2010 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Sustainable Forests (Timber)
5 Act 2004 in relation to--
(i) allocation orders;
(ii) the management of timber resources;
(iii) the management of timber harvesting;
(iv) the conduct of timber harvesting
10 operations; and
571211B.I-16/4/2013 1 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 1--Preliminary
s. 2
(b) to amend the Traditional Owner
Settlement Act 2010 in relation to certain
land use activities.
2 Commencement
5 (1) Subject to subsection (2), this Act (other than
Division 2 of Part 2) comes into operation on a
day or days to be proclaimed.
(2) If a provision referred to in subsection (1) does
not come into operation before 1 January 2014, it
10 comes into operation on that day.
(3) Subject to subsection (4), Division 2 of Part 2
comes into operation on a day or days to be
proclaimed.
(4) If a provision referred to in subsection (3) does
15 not come into operation before 1 January 2015, it
comes into operation on that day.
__________________
571211B.I-16/4/2013 2 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 3
PART 2--AMENDMENT OF SUSTAINABLE FORESTS
(TIMBER) ACT 2004
Division 1--Allocation orders and management of timber
resources
5 3 Purposes of the Sustainable Forests (Timber) See:
Act 2004 Act No.
48/2004.
After section 1(a) of the Sustainable Forests Reprint No. 1
as at
(Timber) Act 2004 insert-- 16 November
2006
"(ab) to provide for the granting of long-term and
10 access to timber resources in State forests; amending
Act Nos
28/2007,
(ac) to foster investment in, and returns from, 68/2009,
timber resources in State forests;". 35/2010 and
62/2010.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
(1) In section 3 of the Sustainable Forests (Timber)
15 Act 2004, for the definition of timber release plan
substitute--
"timber release plan means a plan prepared under
section 37, notice of which has been
published under section 41;".
20 (2) In section 3 of the Sustainable Forests (Timber)
Act 2004--
(a) the definition of approved timber release
plan is repealed;
(b) in the definition of vested timber resources,
25 for "42" substitute "14(1)".
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Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 5
5 New section 12A inserted
Before section 13 of the Sustainable Forests
(Timber) Act 2004 insert--
"12A Timber resources are property of the
5 Crown
(1) All timber resources in State forest are the
property of the Crown.
(2) Property in timber resources only passes
from the Crown--
10 (a) to VicForests in accordance with
section 14(1); or
(b) otherwise in accordance with this Act.".
6 Sections 14 and 15 substituted
For sections 14 and 15 of the Sustainable Forests
15 (Timber) Act 2004 substitute--
"14 Property vests in VicForests on
publication of order
(1) On the publication of an order under
section 13, property in the timber allocated
20 by the order is vested in VicForests.
(2) VicForests may only harvest and sell, or
harvest or sell, vested timber resources in
accordance with the order.
(3) Subject to this Act and to the allocation
25 order, VicForests is entitled to retain the
revenue received from harvesting and
selling, or harvesting or selling, vested
timber resources.
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Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 6
15 Contents of an allocation order
(1) An allocation order must include--
(a) in relation to the timber resources
allocated--
5 (i) a description of the forest stands
to which the order applies;
(ii) references to, or details of, the
extent and location of the forest
stands to which the order applies;
10 (iii) a description of the total area
available for harvest in each forest
stand;
(b) a list of the activities (if any) additional
to those referred to in section 13(b) that
15 VicForests is permitted to undertake in
the areas to which the order applies.
(2) An allocation order may include any
condition, limitation, matter or specification
that the Minister thinks fit.
20 (3) Without limiting subsection (2), an
allocation order may include a condition,
limitation, matter or specification as to the
area that may be harvested during a period
specified in the order.
25 (4) Without limiting subsection (2), an
allocation order may include the following in
relation to the preparation of a plan under
section 37, or the changing of a timber
release plan under section 43--
30 (a) a specification as to the persons or
bodies with whom or with which
VicForests must consult in relation to
timber harvesting operations proposed
in any coupes specified in a plan;
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Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 7
(b) a condition as to the manner in which
that consultation must occur.
(5) A specification or condition referred to in
subsection (4) that relates to the changing of
5 a timber release plan under section 43, may
differ according to the kind of change
proposed to be made to the plan.".
7 Power to amend or vary allocation order
For section 17(1)(b) of the Sustainable Forests
10 (Timber) Act 2004 substitute--
"(b) to change permitted activities referred to in
section 15(1)(b);
(ba) to change conditions, limitations, matters or
specifications referred to in section 15(2), (3)
15 or (4);".
8 New section 17A inserted
After section 17 of the Sustainable Forests
(Timber) Act 2004 insert--
"17A Effect of amendment or variation relating
20 to the allocation of timber resources
(1) This section applies if an allocation order is
amended or varied in accordance with
section 17(1)(c).
(2) If the effect of the amendment or variation is
25 to increase the timber resources allocated by
the order, the timber resources specified in
the order following its amendment or
variation that were not specified in the order
immediately before its amendment or
30 variation, vest in VicForests on the day the
amendment or variation takes effect.
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Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 9
(3) If the effect of the amendment or variation is
to reduce the timber resources allocated by
the order, the vested timber resources
specified as having been reduced are
5 divested from VicForests and vest in the
Crown--
(a) in the case of an amendment or
variation that was made as a result of a
review referred to in section 18(2)(a)
10 or (b), on the date the order takes
effect; or
(b) in the case of an amendment or
variation that was made as a result of a
review referred to in section 18(2)(c)--
15 (i) on the date or dates specified
in an agreement referred to in
section 20(3)(a); or
(ii) on the date calculated in
accordance with section 20(3)(b).
20 Note
Section 21A provides that an allocation order cannot
be amended or varied in relation to any vested timber
resources in respect of which property has passed to a
third party.".
25 9 Review of allocation of timber resources
Section 18(1) of the Sustainable Forests
(Timber) Act 2004 is repealed.
10 Minister to have regard to certain matters
In section 19 of the Sustainable Forests
30 (Timber) Act 2004--
(a) in paragraph (d) omit ", during the previous
5 years";
(b) in paragraph (f) omit "during the previous
5 years".
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Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 11
11 What happens after a review?
(1) Section 20(2)(a) of the Sustainable Forests
(Timber) Act 2004 is repealed.
(2) In section 20(3) of the Sustainable Forests
5 (Timber) Act 2004, for "18(1) or (2)(c)"
substitute "18(2)(c)".
12 Minister to consult on reduction of allocation
In section 21 of the Sustainable Forests
(Timber) Act 2004 omit "and the Minister for
10 Agriculture".
13 New section 21A inserted
After section 21 of the Sustainable Forests
(Timber) Act 2004 insert--
"21A Rights of third parties
15 (1) An allocation order cannot be amended or
varied in relation to any vested timber
resources in respect of which property has
passed to a third party.
(2) Nothing in this Act is to be taken to affect
20 the rights of a third party in relation to vested
timber resources of a kind referred to in
subsection (1).".
14 Timber resources are property of the Crown
Section 36 of the Sustainable Forests (Timber)
25 Act 2004 is repealed.
15 Section 37 substituted
For section 37 of the Sustainable Forests
(Timber) Act 2004 substitute--
"37 VicForests to prepare plan
30 (1) VicForests must prepare a plan in respect of
an area to which an allocation order applies
for the purposes of--
571211B.I-16/4/2013 8 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 16
(a) harvesting and selling, or harvesting or
selling, timber resources; and
(b) undertaking associated management
activities in relation to those timber
5 resources.
(2) In preparing a plan under this section,
VicForests must comply with any condition
relating to consultation that is specified in
the allocation order to which the plan relates.
10 (3) VicForests must ensure that a plan prepared
under this section is consistent with--
(a) the allocation order to which the plan
relates, including any condition,
limitation, matter or specification in the
15 order; and
(b) any relevant Code of Practice relating
to timber harvesting.".
16 Contents of plan
(1) In section 38(1) of the Sustainable Forests
20 (Timber) Act 2004, for "timber release plan"
substitute "plan prepared under section 37".
(2) For section 38(2) of the Sustainable Forests
(Timber) Act 2004 substitute--
"(2) A plan prepared under section 37 may
25 include any other matters necessary or
convenient to be included in the plan.".
571211B.I-16/4/2013 9 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 17
17 Section 39 substituted
For section 39 of the Sustainable Forests
(Timber) Act 2004 substitute--
"39 Plan to be submitted to Secretary
5 VicForests must submit a plan prepared
under section 37 to the Secretary not less
than 30 days before the day on which notice
of the plan is published under section 41.".
18 Section 40 repealed
10 Section 40 of the Sustainable Forests (Timber)
Act 2004 is repealed.
19 Section 41 substituted
For section 41 of the Sustainable Forests
(Timber) Act 2004 substitute--
15 "41 VicForests to publish notice of plan
(1) VicForests must cause notice of a plan
prepared under section 37 to be published in
the Government Gazette.
(2) A notice published under subsection (1) must
20 include details of where the plan may be
viewed.
(3) On the publication of a notice under
subsection (1), the plan takes effect in
accordance with its terms.
25 Note
The publication of a notice under this section may be a land
use activity under the Traditional Owner Settlement Act
2010 if it relates to public land to which a land use activity
agreement under that Act applies.".
571211B.I-16/4/2013 10 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 20
20 Property vests in VicForests on publication of notice
Section 42 of the Sustainable Forests (Timber)
Act 2004 is repealed.
21 Section 43 substituted
5 For section 43 of the Sustainable Forests
(Timber) Act 2004 substitute--
"43 Review of and changes to timber release
plan
(1) VicForests may review a timber release plan
10 at any time.
(2) VicForests may change a timber release plan
at any time if the change is not inconsistent
with--
(a) the allocation order to which the plan
15 relates, including any condition,
limitation, matter or specification in the
order; and
(b) any relevant Code of Practice relating
to timber harvesting.
20 (3) In changing a timber release plan, VicForests
must comply with any condition relating to
consultation that is specified in the allocation
order to which the plan relates.
(4) A timber release plan cannot be changed in
25 relation to any vested timber resources in
respect of which property has passed to a
third party.
(5) Nothing in this section is to be taken to affect
the rights of a third party in relation to vested
30 timber resources of a kind referred to in
subsection (4).
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Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 22
(6) If a timber release plan is changed under this
section, VicForests must cause a notice of
the change to the plan to be published in the
Government Gazette.
5 (7) On publication of a notice under subsection
(6), the changed timber release plan takes
effect in accordance with its terms.
Note
The publication of a notice under this section may be a land
10 use activity under the Traditional Owner Settlement Act
2010 if it relates to public land to which a land use activity
agreement under that Act applies.".
22 Section 44 substituted
For section 44 of the Sustainable Forests
15 (Timber) Act 2004 substitute--
"44 VicForests to operate in accordance with
timber release plan
VicForests must carry out its functions and
powers under this Act in relation to vested
20 timber resources, or in relation to an area to
which an allocation order applies, in
accordance with any timber release plan.".
23 Offence to undertake unauthorised timber
harvesting operations
25 For section 45(2)(a)(i) of the Sustainable Forests
(Timber) Act 2004 substitute--
"(i) timber harvesting operations undertaken by,
or on behalf of, VicForests in accordance
with an allocation order and a timber release
30 plan that relates to that allocation order; or".
571211B.I-16/4/2013 12 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 24
24 New section 97 inserted
After section 96 of the Sustainable Forests
(Timber) Act 2004 insert--
"97 Native title rights and interests not
5 affected by the Sustainable Forests
(Timber) Amendment Act 2013
(1) The amendments made to this Act by the
Sustainable Forests (Timber) Amendment
Act 2013 are not intended to affect native
10 title rights and interests.
(2) Subsection (1) does not apply in any case
where native title rights and interests are
affected, or are authorised to be affected, by
or under the Native Title Act 1993 of the
15 Commonwealth.
(3) In this section--
affect has the same meaning as in the Native
Title Act 1993 of the Commonwealth;
native title rights and interests has the same
20 meaning as in the Native Title Act 1993
of the Commonwealth.".
25 Part 13 substituted
For Part 13 of the Sustainable Forests (Timber)
Act 2004 substitute--
25 "PART 13--TRANSITIONAL PROVISIONS
140 Existing allocation order and timber
release plan
Despite anything to the contrary in any other
provision of this Act, on and from the
30 commencement of section 6 of the
Sustainable Forests (Timber) Amendment
Act 2013, the following cease to have any
force or effect--
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Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 26
(a) any allocation order in force
immediately before the commencement
of that section; and
(b) any approved timber release plan that
5 relates to an allocation order referred to
in paragraph (a).
__________________".
Division 2--Repeal of certain provisions relating to
management of timber harvesting and conduct of timber
10 harvesting operations
26 Repeal of definition
In section 3 of the Sustainable Forests (Timber)
Act 2004, the definition of timber harvesting
operator's licence is repealed.
15 27 Compliance with Codes of Practice
Section 46(c) of the Sustainable Forests
(Timber) Act 2004 is repealed.
28 Minister may arrange audits
Section 47(c) of the Sustainable Forests
20 (Timber) Act 2004 is repealed.
29 Licensing of timber harvesting operators
Division 2 of Part 6 of the Sustainable Forests
(Timber) Act 2004 is repealed.
30 Direction to produce licence
25 Section 69 of the Sustainable Forests (Timber)
Act 2004 is repealed.
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Sustainable Forests (Timber) Amendment Bill 2013
Part 2--Amendment of Sustainable Forests (Timber) Act 2004
s. 31
31 Direction in relation to conduct of timber harvesting
operations
In section 70(1) of the Sustainable Forests
(Timber) Act 2004, for "the holder of a timber
5 harvesting operator's licence" substitute
"undertaking timber harvesting operations in a
State forest".
32 Suspension of timber harvesting operation
For section 71(2) of the Sustainable Forests
10 (Timber) Act 2004 substitute--
"(2) A notice under subsection (1) may be issued
to the person who has, or may reasonably be
presumed to have, control over the timber
harvesting operation in the State forest.".
15 33 Expiry of suspension notice once matter remedied
For section 74(1) of the Sustainable Forests
(Timber) Act 2004 substitute--
"(1) Subject to this Part, if the damage, risk,
matter or activity to which a suspension
20 notice relates is remedied to the satisfaction
of an authorised officer, the authorised
officer may issue a notification in writing
that he or she is so satisfied to the person
who has, or may reasonably be presumed to
25 have, control over the timber harvesting
operation in the State forest in respect of
which the suspension notice was issued.".
34 Regulations
In section 96(1) of the Sustainable Forests
30 (Timber) Act 2004--
(a) paragraphs (a), (b), (c) and (d) are repealed;
and
(b) in paragraph (f) omit "other".
__________________
571211B.I-16/4/2013 15 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 3--Amendment of Traditional Owner Settlement Act 2010
s. 35
PART 3--AMENDMENT OF TRADITIONAL OWNER
SETTLEMENT ACT 2010
35 Definition of limited land use activity
See: In section 27(1) of the Traditional Owner
Act No.
5 62/2010. Settlement Act 2010, for paragraph (a) of the
Reprint No. 1 definition of limited land use activity
as at
8 March 2013. substitute--
LawToday:
www. "(a) a land use activity that is the publication of a
legislation.
vic.gov.au
notice under section 41 of the Sustainable
10 Forests (Timber) Act 2004; or".
36 Definition of land use activity
For section 28(i) and (j) of the Traditional
Owner Settlement Act 2010 substitute--
"(i) the publication of a notice under section 41
15 of the Sustainable Forests (Timber) Act
2004;
(j) the publication of a notice under section 43
of the Sustainable Forests (Timber) Act
2004;".
20 37 Definition of decision maker
For section 29(f) of the Traditional Owner
Settlement Act 2010 substitute--
"(f) in relation to--
(i) the publication of a notice under
25 section 41 of the Sustainable Forests
(Timber) Act 2004, VicForests;
(ii) the publication of a notice under
section 43 of the Sustainable Forests
(Timber) Act 2004, VicForests;".
571211B.I-16/4/2013 16 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 3--Amendment of Traditional Owner Settlement Act 2010
s. 38
38 Requirements for publication of notice
(1) For the heading to section 47 of the Traditional
Owner Settlement Act 2010 substitute--
"Requirements for publication of notice of
5 proposed timber release plans".
(2) For section 47(1) of the Traditional Owner
Settlement Act 2010 substitute--
"(1) If a provision of a land use activity
agreement specifies that the publication of a
10 notice under section 41 of the Sustainable
Forests (Timber) Act 2004 is a negotiation
activity in the land use activity agreement,
VicForests must reach agreement with the
traditional owner group entity as to--
15 (a) the publication of the notice; and
(b) the conditions to which the agreement
to publish the notice is subject,
including the provision of community
benefits, if any.".
20 (3) For section 47(3) of the Traditional Owner
Settlement Act 2010 substitute--
"(3) VicForests is not entitled to publish the
notice until VicForests has complied with
subsection (1) or VCAT or the Minister has
25 determined under this Part that the notice
should be published.".
39 Section 48 substituted
For section 48 of the Traditional Owner
Settlement Act 2010 substitute--
30 "48 Obligations of decision maker to ascertain
compliance
If, in the case of the publication of a notice
under section 41 of the Sustainable Forests
(Timber) Act 2004, VicForests is required
571211B.I-16/4/2013 17 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 3--Amendment of Traditional Owner Settlement Act 2010
s. 39
to comply with section 47, the decision
maker must not publish the notice unless--
(a) the decision maker has received a
notice signed by the traditional owner
5 group entity stating that agreement that
complies with section 51 has been
reached; or
(b) in a case in respect of which VCAT has
made a determination under
10 Subdivision 2 of Division 4 that the
notice be published, the decision maker
has received a copy of the VCAT
determination; or
(c) in a case in respect of which the
15 Minister has made a determination
under Subdivision 3 of Division 4 that
the notice be published, the decision
maker has received a copy of that
determination.
20 Note
In this section, the decision maker is VicForests. See the
definition of decision maker.".
__________________
571211B.I-16/4/2013 18 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Part 4--Repeal of Amending Act
s. 40
PART 4--REPEAL OF AMENDING ACT
40 Repeal of amending Act
This Act is repealed on 1 January 2016.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571211B.I-16/4/2013 19 BILL LC INTRODUCTION 16/4/2013
Sustainable Forests (Timber) Amendment Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571211B.I-16/4/2013 20 BILL LC INTRODUCTION 16/4/2013
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