{"id":"forests-australian-newsprint-mills-limited-act-1980","name":"Forests (Australian Newsprint Mills Limited) Act 1980","slug":"forests-australian-newsprint-mills-limited-act-1980","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176428,"registerId":"vic-forests-australian-newsprint-mills-limited-act-1980-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Forests (Australian Newsprint Mills Limited) Act 1980","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nForests (Australian Newsprint Mills Limited)\nAct 1980\nAct No. 9482/1980\nVersion incorporating amendments as at 8 August 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Definition and expressions 2\n3. Act to bind Crown 2\n4. Ratification of Agreement 2\n__________________\nSCHEDULE—Agreement 4\n═══════════════\nENDNOTES 17\n1. General Information 17\n2. Table of Amendments 18\n3. Explanatory Details 19\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nForests (Australian Newsprint Mills Limited)\nAct 1980\nAct No. 9482/1980\nVersion incorporating amendments as at 8 August 2000\nAn Act to ratify validate approve and otherwise give Effect to an\nAgreement between the Forests Commission and Australian\nNewsprint Mills Limited for the supply of softwood pulpwood\nfrom plantations in north-eastern Victoria and for other\npurposes.\nPreamble\nWHEREAS Australian Newsprint Mills Limited a\ncompany incorporated in the State of Tasmania is\ndesirous of establishing in the Albury-Wodonga\narea the industry of manufacturing wood pulp and\npaper from softwood timber:\nAND WHEREAS the Company before it incurs\nthe expenditure necessary to establish the industry\ndesires to be satisfied that sufficient softwood\ntimber will be available to enable it to carry on the\nindustry:\nAND WHEREAS the Forests Commission first\nconstituted under the Forests Act 1918 has conifer\nplantations in north-eastern Victoria and it desires\nto be satisfied that it will have a market for\nsoftwood timber produced in those plantations:\nAND WHEREAS an Agreement for the supply of\nsoftwood timber has been entered into between the\nForests Commission and the Company:\nAND WHEREAS the Agreement is expressed to\nbe subject to ratification of the Parliament of\nVictoria:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n2\nAND WHEREAS it is expedient in the public\ninterest to ratify validate approve and otherwise\ngive effect to the said Agreement and to make\nother provisions hereinafter provided:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title and commencement\n(1) This Act may be cited as the Forests (Australian\nNewsprint Mills Limited) Act 1980.\n(2) This Act shall come into operation on a day to be\nfixed by proclamation of the Governor in Council\npublished in the Government Gazette.\n2. Definition and expressions\n(1) In this Act unless inconsistent with the context or\nsubject-matter—\n\"the Agreement\" means the Agreement a copy\nof which is set out in the Schedule.\n(2) Expressions used in this Act and which are also\nused in the Agreement shall have the meanings\nrespectively assigned to them in the Agreement.\n3. Act to bind Crown\nThis Act shall bind the Crown.\n4. Ratification of Agreement\n(1) The Agreement is hereby ratified validated and\napproved and shall be given effect to.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n3\n(2) The following provisions shall be read as in aid of\nand not in derogation from the provisions of the\nlast preceding sub-section—\n(a) the Minister, the Director-General of\nConservation, Forests and Lands and all\nofficers concerned are hereby empowered to\ncarry out the Agreement and to enter into\nsuch agreements and to give such approvals\nas are provided for by it; and\n(b) this Act and the Agreement shall take effect\nnotwithstanding anything in any Act or in\nany proclamation regulation Order in\nCouncil by-law lease licence authority\npermit or agreement under any Act, and\nevery Act proclamation regulation Order in\nCouncil by-law lease licence or authority\npermit or agreement shall by virtue of this\nAct be deemed to be modified to the extent\nnecessary to give full force and effect to this\nAct and the Agreement (but not further or\notherwise) and shall be read and construed\nand take effect accordingly.\n__________________\nS. 4(2)(a)\namended by\nNo. 41/1987\ns. 103(Sch. 4\nitem 25.1).\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n4\nSCHEDULE\nTHIS AGREEMENT is made 30 October 1980 between the FORESTS\nCOMMISSION incorporated by the provisions of the Forests Act 1958 of\nthe State of Victoria of the one part and AUSTRALIAN NEWSPRINT\nMILLS LIMITED a company incorporated in the State of Tasmania with its\nregistered office at Boyer Tasmania of the other part—\nWHEREAS—\nRecitals\nI. The Company is desirous of establishing in the Albury-Wodonga area\nthe industry of manufacturing wood pulp and paper from softwood\ntimber.\nII. Before the Company incurs the expenditure necessary to establish the\nindustry it desires to be satisfied that sufficient softwood timber will be\navailable to enable it to carry on the industry.\nIII. The Commission has conifer plantations in North-east Victoria and it\ndesires to be satisfied that it will have a market for softwood timber\nproduced in those plantations.\nIV. The parties hereto desire to enter into this Agreement so that upon its\nratification validation and approval by Parliament the provisions\nhereinafter appearing shall have full force and effect.\nNOW IT IS HEREBY AGREED as follows—\nPART I—PRELIMINARY\n1. Definitions\n\"the Act\" means the Act of the Parliament of Victoria to be\npassed to ratify validate approve and otherwise give\neffect to this Agreement;\n\"this Agreement\" means the Agreement as from time to\ntime amended;\n\"area of supply\" means softwood plantations existing from\ntime to time in the State of Victoria within\n200 kilometres by road from the principal post office\nat Wodonga using the shortest practicable route;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n5\n\"Commission\" means the Forests Commission and if that\nCommission ceases to exist means the body corporate\nor persons for the time being charged with the duties\nor substantially the same duties now performed by the\nForests Commission;\n\"Company\" means Australian Newsprint Mills Limited\nand upon each assignment in accordance with sub-\nclause (1) of clause 4 hereof includes the assignee;\n\"forest officer\" has the same meaning as in the Forests Act\n1958;\n\"forest produce\" has the same meaning as in the Forests\nAct 1958;\n\"the industry\" means the manufacture by the Company in\nthe Albury-Wodonga area of wood pulp and paper\nfrom softwood timber;\n\"minimum annual supply\" means the annual quantity\nwhich the Commission is to make available from time\nto time under clause 14 hereof;\n\"month\" means calendar month;\n\"softwood timber\" means timber of the species Pinus\nradiata and other coniferous species suitable for the\npurposes of the industry but does not include any\ntimber which the Commission requires for sale as logs\npoles or fencing timber;\n\"tonne\" means a tonne of wet or green softwood timber\nincluding bark; and\n\"year\" means a period of twelve months commencing on\nthe first day of July.\n2. Interpretation\n(1) In this Agreement unless inconsistent with the context or\nsubject-matter references to any Act shall include all\namendments and re-enactments thereof for the time being in\nforce and all supplemental legislation for the time being in\nforce whether by regulation rule proclamation or order made\nor continuing under that Act or any amendment or re-\nenactment thereof.\n(2) The headings and sidenotes shall not affect the interpretation\nof this Agreement.\n(3) This Agreement shall be interpreted according to the laws\nfor the time being in force in the State of Victoria.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n6\n3. Agreement to be ratified by Act of Parliament\nThis Agreement shall not be of any force or effect until it\nhas been ratified validated approved and otherwise given\neffect by an Act of the Parliament of Victoria.\n4. Operation of industry by assignee\n(1) The Company shall be at liberty at any time with the prior\nwritten consent of the Commission to assign its rights under\nthis Agreement.\n(2) Upon each such assignment the assignee shall by virtue of\nthe Act be subject to all the obligations and conditions\nimposed upon the Company by this Agreement so far as\nthey remain in force and are capable of taking effect.\n(3) Notwithstanding any such assignment Australian Newsprint\nMills Limited shall remain responsible to the Commission\nfor the performance of all the obligations and conditions\nimposed upon the Company by this Agreement.\n5.\nIn using its powers and applying its discretion whether in\nthis Agreement or the Act or the Forests Act 1958 the\nCommission shall so far as the interests of forest\nmanagement allow (and the Commission shall for the\npurposes of this Agreement be the sole judge of what is\nproper forest management) give full recognition of the fact\nthat the Company is engaged in competitive business.\nPART II—OPERATION OF THE INDUSTRY\nDivision A—Duration of Agreement\n6. To cease on 30 June 2010 or upon sooner determination\nThis Agreement shall remain in force until 30 June 2010 or\nuntil sooner determination in accordance with the provisions\nhereof.\n7. Saver of rights\nThe expiration or determination of this Agreement shall not\naffect the enforcement of any right obligation or liability\ntheretofore acquired accrued or incurred.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n7\nDivision B—Timber rights\n8. Rights of lessees, &c.\nNothing in this Agreement shall affect the rights powers and\nprivileges acquired by any person (whether before or after\nthe commencement of the Act) under the Forests Act 1958\nor any other Act.\n9. Sale of forest produce or grant of licences not restricted\nSubject to the right of the Company under sub-clause (1) of\nclause 12 hereof to obtain softwood timber in the area of\nsupply and compliance by the Commission with its\nobligations under clause 14 hereof to make available to the\nCompany the minimum annual supply of softwood timber\nnothing in this Agreement shall restrict the Commission's\nrights pursuant to the Forests Act 1958 to sell or grant\nlicences to obtain forest produce.\n10. Plan of utilization\n(1) Not later than 31 March 1981 and 31 March in each year\nthereafter the Commission shall after consultation with the\nCompany draw up and deliver to the Company a plan of\nutilization for the supply of softwood timber for the\nfollowing year and a provisional plan for the supply of\nsoftwood timber for the next two years.\n(2) The plan of utilization and the provisional plan shall set out\nthe areas of the area of supply from which softwood timber\nmay be obtained during the relevant period and shall specify\nthe location and size of each area and the respective\nquantities of softwood timber which the Commission\nestimates will be obtainable in each area.\n(3) The Commission and the Company may during the currency\nof any plan of utilization agree to a modification of the plan.\n(4) The company shall conform with each plan or modified plan\nof utilization.\n11. Company to comply with Forests Act, &c.\nThe Company shall comply with the provisions of the\nForests Act 1958 and with all regulations for the time being\nin force under the Act.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n8\n12. Company's right to softwood timber\n(1) The Company without obtaining any lease licence permit or\nauthority shall have the right to obtain softwood timber by\nits servants agents or contractors from the area of supply in\nconformity with the plan of utilization.\n(2) The Company shall obtain softwood timber—\n(a) from heads and other residual timber from logging\nand pole and post cutting operations;\n(b) from all standing trees indicated by a forest officer;\nand\n(c) as required by the Commission from timber felled or\nfelled and removed by or on behalf of the\nCommission.\n(3) The Commission may in its discretion if so requested by the\nCompany modify the Company's obligation to take\nsoftwood timber felled or felled and removed by or on\nbehalf of the Commission but any of such timber not taken\nby the Company shall for the purpose of clause 14 hereof be\nsoftwood timber made available to the Company by the\nCommission.\n13. Purposes for which timber is to be used\nThe Company shall use the softwood timber made available\nto it under this Agreement for the purposes of the industry.\n14. Commission's obligations to supply softwood timber\n(1) Subject to the provisions of clause 26 hereof the\nCommission shall make available to the Company from the\narea of supply a minimum annual supply of softwood timber\nwhich unless varied pursuant to the provisions of sub-clause\n(3) or (4) hereof shall be—\n(a) during the period ending on 30 June 1981—\n500 tonnes;\n(b) during the year 1981–1982—80 000 tonnes;\n(c) during the year 1982–1983—100 000 tonnes;\n(d) during the year 1983–1984—110 000 tonnes;\n(e) during the years 1984–1985 to 2009–2010\ninclusive—120 000 tonnes.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n9\n(2) The Commission may in its discretion make available to the\nCompany in the period ending on 30 June 1981 and in any\nyear thereafter a quantity of softwood timber from the area\nof supply additional to the minimum annual supply.\n(3) The Commission may from time to time by written\nagreement with the Company vary the minimum annual\nsupply for any period commencing from 1 July next\nfollowing the date of such agreement.\n(4) At any time but not less than once in each period of five\nyears while this Agreement remains in force the quantity of\nsoftwood timber available in the area of supply shall be\nassessed by the Commission and on the basis of the quantity\nso determined the Commission and the Company may agree\nto vary the minimum annual supply for any period\ncommencing from 1 July next following the date of such\nagreement.\n15. Specifications of softwood timber\nThe Company shall not be bound to accept any softwood\ntimber which—\n(a) is not sound and free from rot doze blue stain and\ncharcoal;\n(b) is not sufficiently straight for the manufacturing\nprocesses for the time being employed in the industry;\n(c) is less than 3·6 metres in length or such other\nminimum length as is agreed to from time to time by\nthe Commission and the Company; or\n(d) is less than 10 centimetres in cross-sectional breadth\nunder bark.\n16. Price of softwood timber\n(1) For all softwood timber obtained by it under this Agreement\nthe Company shall pay—\n(a) as to softwood timber which the Company by its\nservants agents or contractors removes or fells and\nremoves—the royalty payable from time to time\nunder this Agreement; and\n(b) as to softwood timber either felled or felled and\nremoved by or on behalf of the Commission—the\nroyalty as aforesaid and a charge to be agreed upon\nfrom time to time between the Commission and the\nCompany for—\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n10\n(i) the cost to the Commission of felling or felling\nand removal of softwood timber in or from the\nparticular area; and\n(ii) the overhead expenses of the Commission in\nconnection therewith.\n(2) Failing agreement within fourteen days on the charge\nreferred to in paragraph (b) of sub-clause (1) hereof the\ncharge shall be determined by the Commission but so that\nthe part of the charge attributable to the cost to the\nCommission of felling or felling and removal of softwood\ntimber in or from any area shall not exceed the actual cost to\nthe Company of or the payment made by the Company to\ncontractors for felling or felling and removal (as the case\nmay be) of softwood timber at that time in similar form in or\nfrom areas which are similar with respect to yield of\nsoftwood timber physical circumstances of extraction and\nsituation in regard to means of transport.\n17. Company's obligations to take or pay for softwood timber\n(1) Subject to the provisions of clause 27 hereof the Company\nshall be bound in each year in which the minimum annual\nsupply of softwood timber to which it is entitled in that year\nis available to it either—\n(a) to take not less than 90 per centum of the minimum\nannual supply; or\n(b) if it takes less than 90 per centum of the minimum\nannual supply to pay royalty to the Commission on\nthe deficiency at a rate equal to the royalty rate\npayable in that year under clause 19 or 20 hereof.\n(2) If the Company during either or both of the two years next\nfollowing any year in which there is a deficiency obtains a\nquantity of softwood timber in excess of the minimum\nannual supply the royalty payable on such excess shall be\nreduced by the amount of royalty paid in respect of the\ndeficiency.\n(3) After 30 June 1990 \"90 per centum\" in paragraphs (a) and\n(b) of sub-clause (1) hereof may from time to time be\nmodified by agreement between the Commission and the\nCompany but shall not be reduced below 75 per centum.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n11\n18. Payment of royalty\nThe following provisions shall apply with respect to royalty\npayable under this Agreement:\n(a) Royalty shall be payable at such times after the\namounts have been ascertained and in such manner as\nthe Commission from time to time determines.\n(b) If any royalty due by the Company remains unpaid for\nsixty days after the Commission has demanded\npayment thereof the Commission may without\nlimiting the obligations of the Company under\nclause 17 hereof by notice in writing to the Company\nsuspend its right to obtain softwood timber under this\nAgreement until payment is made.\n(c) If the Company disputes the amount of any payment\ndemanded by the Commission it may make the\npayment under protest and thereafter shall be entitled\nto take proceedings for recovery of any amount in\nexcess of the amount it was liable to pay.\n19. Royalty during first period\n(1) During the period ending 30 June 1983 the royalty payable\nshall be at the rate of $8.25 per tonne.\n(2) In the event of all or any of the softwood timber at the time\nof weighing not being wet or green or not including bark the\nCommission shall have the right to make an appropriate\nadjustment to the royalty payable in respect of that timber\nhaving regard to the definition of \"tonne\" herein.\n20. Review of royalty\n(1) During each successive period of three years from 1 July\n1983 the royalty payable shall be at the rate agreed upon by\nthe Commission and the Company.\n(2) If the Commission and the Company fail to agree within\nfourteen days of the commencement of any three-yearly\nperiod as to any rate of royalty to be paid during that period\nthe rate shall be determined in accordance with clause 28.\n(3) In any such determination the arbitrators or their umpire\nshall take into consideration any alteration in circumstances\nand any other relevant matters which either of the parties to\nthe reference may bring before the arbitrators or the umpire.\n(4) Where a rate of royalty has been determined as provided by\nthis clause that rate shall take effect from the\ncommencement of the relevant three-yearly period.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n12\n(5) If any variation in the royalty rate is not determined prior to\nthe commencement of any three-yearly period the Company\nshall continue to pay royalty at the rate payable during the\npreceding period and as soon as the new rate has been\ndetermined an adjustment shall be made retrospectively to\nthe commencement of the period.\n21. Construction of roads, tracks, &c. by Company\nThe Company shall not within the area of supply construct\nany road track or passage or any chute without the prior\nconsent of a forest officer and shall not within the area of\nsupply construct any tramway flume or building or erect any\nhaulage or conversion unit without the prior written consent\nof the Commission.\n22. Determination of quantity of softwood timber\n(1) The quantity of softwood timber upon which royalty is\npayable under this Agreement shall be determined in such\nmanner as may be agreed upon by the Commission and the\nCompany or failing agreement within thirty days as the\nCommission shall direct.\n(2) The place at which the quantity of softwood timber is to be\nmeasured shall be as fixed by the Commission from time to\ntime after consultation with the Company.\n(3) (a) The Company shall provide at its plant or elsewhere\nas agreed upon by the Commission and the Company\na weighbridge or other measuring device acceptable\nto the Commission and shall during the currency of\nthis Agreement have the weighbridge or other\nmeasuring device maintained and its accuracy\nperiodically verified.\n(b) At all times while the weighbridge or other measuring\ndevice is in accurate working order the quantity of\nsoftwood timber upon which royalty is payable under\nthis Agreement shall be determined by weighing it on\nthe weighbridge or other measuring device.\n(c) At all times while the weighbridge or other measuring\ndevice is not in accurate working order the quantity of\nsoftwood timber upon which royalty is payable under\nthis Agreement shall be determined in such manner as\nmay be agreed upon by the Commission and the\nCompany or failing agreement within fourteen days as\nthe Commission shall direct.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n13\n23. Company to comply with conditions\nThe Commission may from time to time give to the\nCompany written notice of conditions which shall apply in\nthe areas from which it is obtaining softwood timber under\nthis Agreement and the Company shall comply with the said\nconditions and ensure that any contractors who are engaged\nin obtaining softwood timber under this Agreement have\nnotice thereof.\n24. Requirements in regard to servants, &c. of the Company\n(1) The Company shall keep the Commission informed by\nnotice in writing of the names of its servants agents and\ncontractors who are engaged in obtaining softwood timber\nunder this Agreement.\n(2) The Company shall supply to each such person for\nproduction when required by a forest officer evidence in a\nform satisfactory to the Commission that he is engaged in\nobtaining softwood timber under this Agreement and the\nCompany shall forthwith inform the Commission in writing\nwhenever any such person ceases to be so engaged.\n(3) (a) The Company shall include in every contract by it\nwith a contractor for obtaining softwood timber under\nthis Agreement provisions requiring the contractor to\ncomply with the Forests Act 1958 the regulations\nmade under the Act and the conditions referred to in\nclause 23 hereof.\n(b) The Company shall upon making any such contract\nforthwith give to the Commission written notice of\nthe contract specifying the name of the contractor the\nduration of the contract the quantity of softwood\ntimber to be obtained thereunder and the area from\nwhich it is to be obtained.\n(4) The Company shall if so required by the Commission\nterminate the contract of any contractor who in the opinion\nof the Commission has failed to comply with the Forests\nAct 1958 the regulations made under the Act or the\nconditions referred to in clause 23 hereof.\n25. Further Agreement\n(1) In the first three months of the last year of this Agreement\nthe Commission shall if the Company seeks a further\nAgreement to assure to it supplies of softwood timber for\nthe continuance and expansion of the industry investigate\nthe development of the industry and if satisfied that the\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n14\nCompany needs to have supplies of softwood timber assured\nto it by a further Agreement enter into negotiations with the\nCompany for that purpose.\n(2) When a further Agreement has been agreed upon and\nexecuted the Commission shall (if necessary) recommend to\nthe Minister of Forests that a Bill be introduced into the\nParliament of Victoria as soon as possible to ratify validate\napprove and otherwise give effect to it.\nDivision C—Suspension of obligations and conditions\n26. Suspension forests damaged, &c.\nIf any of the softwood plantations in the area of supply are\ndamaged or destroyed by fire disease or other cause to such\nan extent that it is impracticable for the Commission to\ncomply with the provisions of clause 14 hereof or if by\nreason of anything beyond the control of the Commission it\nis prevent from complying with those provisions the\nCompany shall have no claim against the Commission for\nthe non-fulfilment of its obligations under those provisions\nso far as non-fulfilment is due to any such cause or thing.\n27. Damage or destruction of plant\nIf—\n(a) the Company's plant or any works used by it for the\npurpose of manufacturing wood pulp or paper are\ndamaged or destroyed by fire or other calamity;\n(b) by reason of anything beyond the control of the\nCompany it is delayed in establishing the industry;\n(c) the carrying on of the industry becomes commercially\nimpracticable because of the recession in the wood\npulp or paper manufacturing industry in Australia;\n(d) by reason of war strike lockout or action in the nature\nof a strike or lockout the Company is impeded from\nobtaining softwood timber or carrying on production\nof wood pulp or paper—\nthen in any of those events—\n(i) the Company may apply to the Commission for\nsuspension or a reasonable modification of the\nextent or operation of its obligations under\nclause 17 hereof or for an extension of time for\nthe performance or observance thereof;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n15\n(ii) the Commission upon any such application by\nthe Company may grant a suspension of the\nsaid obligations or a reasonable modification of\ntheir extent or operation or an extension of time\nfor their performance or observance;\n(iii) if the Company is dissatisfied with the decision\nof the Commission upon any such application\nthe matter shall if the Company so elects be\ndetermined in accordance with clause 28.\n28. Arbitration\nWherever in any clause of this Agreement it is provided that\nany matter shall or may be determined in accordance with\nthis clause—\n(a) the matter shall be referred to two arbitrators one to be\nappointed by the Company and one by the\nCommission;\n(b) the provisions of the Arbitration Act 1958 shall\napply to the reference; and\n(c) the arbitrators or umpire or some person appointed on\ntheir behalf may investigate the Company's affairs and\naccounts so far as may be necessary to assist them to\ndetermine any matter referred to them and the\nCompany shall give them full access to all accounts\nand papers necessary for that purpose and shall afford\nthem full information and assistance.\nDivision D—Determination of Agreement by Commission\n29. Commission may determine Agreement in certain events\nIf the Company—\n(1) enters into liquidation (other than a voluntary\nliquidation for the purposes of reconstruction and\nassignment of rights under this Agreement);\n(2) assigns its rights under this Agreement to a natural\nperson who becomes bankrupt or makes any\narrangement with his creditors;\n(3) delays the commencement of commercial production\nof wood pulp or paper from softwood timber at a rate\nnot less than 1000 tonnes per month beyond the year\nending on 30 June 1982; or\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n16\n(4) contravenes or fails to comply with the terms and\nconditions of this Agreement for a period of not less\nthan one month after receiving written notice from the\nCommission specifying the terms and conditions\ncontravened or not complied with—\nthe Commission may thereupon determine this Agreement.\nDivision E—Supplemental\n30. Amendment or determination by agreement\nThe Commission and the Company may by agreement—\n(a) from time to time amend this Agreement by such\nadditions deletions and variations of matters of detail\nas may be necessary or desirable to facilitate the\ncarrying on of the industry; and\n(b) at any time determine this Agreement upon such\nterms as they deem fit.\nIN WITNESS whereof the parties hereto have executed this Agreement the\nday and year first before written.\nThe common seal of Forests Commission\nwas hereto affixed in the presence\nof:\nCommissioner, A. J. THREDER\nL.S.\nCommissioner, R. J. GROSE\nThe common seal of Australian\nNewsprint Mills Limited was\nhereto affixed by the authority\nof:\nDirector, K. D. MACPHERSON\nL.S.\nSecretary, A. G. CLOUDSDALE\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n17\nENDNOTES\n1. General Information\nThe Forests (Australian Newsprint Mills Limited) Act 1980 was assented\nto on 23 December 1980 and came into operation on 5 February 1981:\nGovernment Gazette 4 February 1981 page 339.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n18\n2. Table of Amendments\nThis Version incorporates amendments made to the Forests (Australian\nNewsprint Mills Limited) Act 1980 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nConservation, Forests and Lands Act 1987, No. 41/1987\nAssent Date: 19.5.87\nCommencement Date: S. 103(Sch. 4 item 25.1) on 1.7.87: Government\nGazette 24.6.87 p. 1694\nCurrent State: This information relates only to the provision/s\namending the Forests (Australian Newsprint Mills\nLimited) Act 1980\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9482/1980\nForests (Australian Newsprint Mills Limited) Act 1980\n19\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: ratifying and giving legal effect to the specific 1980 timber supply agreement between the Forests Commission and Australian Newsprint Mills Limited. The only amendment (1987) was a technical update to reflect machinery-of-government changes (renaming the responsible minister and department). The scope has not expanded beyond the original commercial arrangement."},"complexity_factors":["Single-purpose statute with straightforward structure: 4 operative sections plus a Schedule containing the Agreement","11 defined terms in the Agreement (Schedule, clause 1), mostly standard commercial definitions","Linear conditional logic: obligations are clearly sequenced (supply volumes, pricing reviews, suspension events) without nested exceptions","One cross-reference amendment (section 4(2)(a) amended by Conservation, Forests and Lands Act 1987) updating ministerial titles","Standard commercial arbitration clause (clause 28) incorporating the Arbitration Act 1958 by reference","No delegated legislative powers or regulations—the Agreement itself contains all operative detail","Temporal complexity: fixed 30-year term with staged supply volumes and triennial royalty reviews creates multiple time-bound obligations"],"plain_english_summary":"This is a Victorian law from 1980 that rubber-stamps a commercial deal between the state government (through the Forests Commission) and a Tasmanian company called Australian Newsprint Mills Limited.\n\n**What it does:**\n- **Locks in a timber supply contract**: The government promises to supply the company with softwood timber (mainly pine) from plantations in north-eastern Victoria for 30 years, until 2010.\n- **Guarantees minimum volumes**: The Commission must make available set amounts each year, starting at 500 tonnes in 1981 and ramping up to 120,000 tonnes annually from 1984 onwards.\n- **Sets the rules of the game**: It covers how the timber is measured, how much the company pays (royalties), what happens if either side can't deliver (fire, disease, recession), and how disputes are resolved.\n- **Overrides other laws**: The Agreement takes precedence over any conflicting Victorian laws, regulations, or existing leases (section 4(2)(b)).\n\n**Who it affects:**\n- **Australian Newsprint Mills Limited**: A paper manufacturer that wanted to build a pulp and paper mill in the Albury-Wodonga area. The company gets guaranteed raw material supply without needing individual logging permits.\n- **The Victorian Government**: Specifically the Forests Commission (now part of the Department of Environment, Land, Water and Planning), which manages state forests and plantations.\n- **Other forest users**: The law explicitly says it doesn't affect existing rights under other forestry laws, but the priority given to this one company could impact other potential users of the same timber resources.\n\n**Why it matters:**\nThis is a classic example of **\"contractualisation\" of public resources**—where a government uses legislation to guarantee a private company long-term access to public natural resources. It shows how governments in the 1980s used statutory backing to attract major industrial investment to regional areas (the Albury-Wodonga growth centre). The 30-year term and the \"take or pay\" clauses (where the company must pay for timber even if they don't take it) create significant long-term obligations for the state and commercial risks for the company."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act expressly ratifies and gives full force to the Agreement as drafted rather than rewriting its commercial terms; it binds the Crown (s. 3) and makes the Agreement operate notwithstanding inconsistencies with other laws or instruments (s. 4(2)(b)). In effect the statute extends the Agreement into enforceable law and provides override authority, but it does not materially alter the substantive supply, price or duration mechanics set out in the Agreement itself."},"complexity_factors":["Multiple interlocking operational rules in the Schedule (supply volumes, measurement, specifications, royalties and contractor obligations) create procedural complexity (Schedule clauses 10, 12–16, 22–24).","Significant Commission discretion to set plans, approve works and determine charges subject to limited checks (Schedule clauses 5, 10, 16(2), 21, 23).","Periodic and negotiated royalty-setting with fallback arbitration and retrospective adjustments introduces multi-stage price mechanisms (Schedule clauses 19–20, 28).","Statutory ratification binds the Crown and causes this Act and the Agreement to operate notwithstanding inconsistency with other Acts, instruments or grants, requiring re-reading of existing authorities (s. 3; s. 4(2)(b)).","Operational compliance burdens on the company: weighbridge/measuring duties, contractor controls, reporting of personnel, and obligations to take or pay for supply (Schedule clauses 17–18, 22, 24).","Assignment and continuing liability rules mean transfers are permitted but original company remains responsible, complicating change-of-ownership scenarios (Schedule clause 4).","Time-limited duration and renewal/negotiation mechanics create planning and investment timing risk (Schedule clauses 6, 25)."],"plain_english_summary":"The Act ratifies an agreement by which the Forests Commission supplies Australian Newsprint Mills Ltd with specified quantities of softwood timber from Victorian plantations to support a pulp-and-paper plant. It sets minimum annual supply levels, royalty rules, measurement and compliance arrangements, a dispute-resolution route and a term running until 30 June 2010. The company pays royalties and must follow forest laws; the Commission determines supply plans, conditions and some charges."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited text available, the Act appears to maintain its original narrow purpose: regulating forest resource access for a specific named company. There is no indication of scope expansion or contraction over time, though the practical commercial context around it (newsprint industry decline, corporate changes) may have shifted significantly."},"complexity_factors":["Narrow, single-company focus limits broad interpretive difficulty","Insufficient full legislative text provided — actual provisions, schedules, and conditions cannot be assessed","Likely contains industry-specific forestry and resource management terminology","Interaction with broader Victorian forestry and environmental legislation may add complexity","Age of the Act (1980) means it may reference superseded agencies, frameworks, or corporate structures"],"plain_english_summary":"The Act gives Australian Newsprint Mills Limited statutory rights to access and harvest timber from specified Victorian forests, formalising the company’s secured timber supply under government-backed terms and obligations. It governs the relationship between ANM and Victorian forest managers, with impacts on local timber workers, communities and environmental interests.\n\nIt remains in force, illustrating a mid‑20th century practice of legislating exclusive resource access for strategic industries."}},"importantCases":[],"_links":{"self":"/api/acts/forests-australian-newsprint-mills-limited-act-1980","history":"/api/acts/forests-australian-newsprint-mills-limited-act-1980/history","analysis":"/api/acts/forests-australian-newsprint-mills-limited-act-1980/analysis","conflicts":"/api/acts/forests-australian-newsprint-mills-limited-act-1980/conflicts","importantCases":"/api/acts/forests-australian-newsprint-mills-limited-act-1980/important-cases","documents":"/api/acts/forests-australian-newsprint-mills-limited-act-1980/documents"}}