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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Forest Products Amendment Bill 2021
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 4 amended 3
6. Section 6 amended 3
7. Section 10 amended 3
8. Section 13A inserted 5
13A. Validation of certain acquisitions of
freehold land 5
9. Section 22 amended 6
10. Section 70 amended 6
50--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Forest Products Amendment Bill 2021
A Bill for
An Act to amend the Forest Products Act 2000.
The Parliament of Western Australia enacts as follows:
page 1
Forest Products Amendment Bill 2021
s. 1
1 1. Short title
2 This is the Forest Products Amendment Act 2021.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation.
8 3. Act amended
9 This Act amends the Forest Products Act 2000.
10 4. Section 3 amended
11 (1) In section 3 insert in alphabetical order:
12
13 storage of carbon, in relation to forest products, means
14 the absorption from the atmosphere of carbon dioxide
15 by, and the storage of carbon in, the forest products.
16
17 (2) In section 3 in the definition of departmental land:
18 (a) in paragraph (c) delete "held by the CALM Act CEO"
19 and insert:
20
21 vested in the Conservation and Land Management
22 Executive Body,
23
24 (b) after paragraph (a) insert:
25
26 or
27
page 2
Forest Products Amendment Bill 2021
s. 5
1 5. Section 4 amended
2 In section 4 in the definition of forest products delete "land or
3 sharefarmed land." and insert:
4
5 land, sharefarmed land, or freehold land acquired as described
6 in section 10(3)(fa).
7
8 6. Section 6 amended
9 In section 6(3):
10 (a) in paragraph (d) delete "contract." and insert:
11
12 contract;
13
14 (b) after paragraph (d) insert:
15
16 (e) a person who has a material personal interest in
17 a commercial undertaking or arrangement
18 relating to the performance of the
19 Commission's function under section 10(1)(ga).
20
21 7. Section 10 amended
22 (1) Before section 10(1) insert:
23
24 (1A) In this section --
25 relevant right means the right --
26 (a) to establish, maintain and harvest, or to
27 maintain and harvest, or to maintain forest
28 products; and
page 3
Forest Products Amendment Bill 2021
s. 7
1 (b) to perform a function under subsection (1)(ga)
2 in relation to rights and benefits arising from
3 the storage of carbon in the forest products.
4
5 (2) After section 10(1)(g) insert:
6
7 (ga) to apply for, hold, exploit and dispose of any
8 rights and other legal and commercial benefits
9 that may arise from the storage of carbon in
10 forest products --
11 (i) on freehold land owned by the
12 Commission; or
13 (ii) on other freehold land in respect of
14 which the Commission has the relevant
15 right;
16 and
17
18 (3) After section 10(3)(f) insert:
19
20 (fa) acquiring the ownership of freehold land for the
21 purposes of subsection (1)(g)(i); or
22
23 (4) After section 10(3) insert:
24
25 (3A) The Commission may dispose of premises or land that
26 it acquires as owner under subsection (3).
27
28 (5) After section 10(4) insert:
29
30 (4A) Without limiting subsection (4), for the purposes of
31 subsection (1)(ga) the Commission may --
page 4
Forest Products Amendment Bill 2021
s. 8
1 (a) make any commercial arrangements the
2 Commission considers appropriate; or
3 (b) establish and maintain any accounts the
4 Commission requires; or
5 (c) do anything else that the Commission considers
6 necessary or convenient to be done for those
7 purposes.
8
9 (6) In section 10(1) after each of paragraphs (a) to (g) and (h) to (u)
10 insert:
11
12 and
13
14 (7) In section 10(3) after each of paragraphs (a) to (e) insert:
15
16 or
17
18 8. Section 13A inserted
19 At the end of Part 3 insert:
20
21 13A. Validation of certain acquisitions of freehold land
22 Any freehold land acquired by the Commission before
23 the Forest Products Amendment Act 2021 section 7(3)
24 (the amending provision) comes into operation is taken
25 to be, and to always have been, as validly acquired as it
26 would have been if it had been acquired under this Act
27 as amended by the amending provision.
28
page 5
Forest Products Amendment Bill 2021
s. 9
1 9. Section 22 amended
2 (1) After section 22(2)(b) insert:
3
4 (ba) strategies for performing the Commission's
5 function under section 10(1)(ga) in relation to
6 rights and benefits arising from the storage of
7 carbon in forest products; and
8
9 (2) In section 22(2) after each of paragraphs (a), (b) and (b)(i)
10 insert:
11
12 and
13
14 10. Section 70 amended
15 (1) After section 70(2)(k) insert:
16
17 (ka) any matter relating to the Commission's
18 function under section 10(1)(ga) in relation to
19 rights and benefits arising from the storage of
20 carbon in forest products; or
21
22 (2) In section 70(2) after each of paragraphs (a) to (j) insert:
23
24 or
25
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