{"id":"forests-laminex-industries-agreement-act-1989","name":"Forests (Laminex Industries Agreement) Act 1989","slug":"forests-laminex-industries-agreement-act-1989","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176262,"registerId":"vic-forests-laminex-industries-agreement-act-1989-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Forests (Laminex Industries Agreement) Act 1989","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nForests (Laminex Industries Agreement) Act\n1989\nAct No. 82/1989\nVersion as at 3 March 2003\nTABLE OF PROVISIONS\nSection Page\n1. Purpose 1\n2. Commencement 1\n3. Definition 1\n4. Act to bind the Crown 1\n5. Ratification of Agreement 2\n6. Amendment of termination of Agreement 2\n7. Repeal of 1969 Act 2\n__________________\nSCHEDULE—Laminex Industries Agreement 3\n═══════════════\nENDNOTES 19\n1. General Information 19\n2. Table of Amendments 20\n3. Explanatory Details 21\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nForests (Laminex Industries Agreement) Act\n1989\nAct No. 82/1989\nVersion as at 3 March 2003\nPreamble\nThe Treasurer, the Minister for Conservation,\nForests and Lands, the Director-General of\nConservation, Forests and Lands and Laminex\nIndustries have agreed to certain arrangements for\nthe supply of softwood round timber to Laminex\nIndustries from the Ballarat and Otways Softwood\nManagement areas:\nIt is expedient to ratify the Agreement.\nThe Parliament of Victoria therefore enacts as follows:\n1. Purpose\nThe purpose of this Act is to ratify an Agreement\nwith Laminex Industries for the supply of\nsoftwood round timber from the Ballarat and\nOtways Softwood Management areas:\n2. Commencement\nThis Act comes into operation on 1 January 1990.\n3. Definition\nIn this Act, \"Agreement\" means the Agreement a\ncopy of which is set out in the Schedule.\n4. Act to bind the Crown\nThis Act binds the Crown.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n2\n5. Ratification of Agreement\n(1) The Agreement is ratified and takes effect as if its\nprovisions had been expressly enacted in this Act.\n(2) The Director-General of Conservation, Forests\nand Lands is empowered to carry out the\nAgreement or the Agreement as amended from\ntime to time.\n6. Amendment of termination of Agreement\nIf the Agreement is amended or terminated in\naccordance with its provisions, the Minister must\ncause a report giving details of the amendment or\ntermination to be laid before each House of the\nParliament before the expiration of the fourteenth\nsitting day of that House after the Agreement is\namended of terminated.\n7. Repeal of 1969 Act\nThe Forests (Softwood Timber Agreement) Act\n1969 is repealed.\n__________________\ns. 5\nNo. 7924 as\namended by\nNos 10235\nand 41/1984.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n3\nSCHEDULE\ns. 3\nLAMINEX INDUSTRIES AGREEMENT\nThis agreement is made the 18th day of October One thousand, nine hundred\nand eighty nine\nbetween:\nThe Treasurer, State of Victoria,\nof the first part\nand:\nThe Minister for Conservation, Forests and Lands\nof the second part\nand:\nDirector-General of Conservation, Forests and Lands incorporated by the\nprovisions of the Conservation, Forests and Lands Act 1987 of the State of\nVictoria\nof the third part\nand:\nACI Australia Limited which is a Company incorporated in the State of\nVictoria and having its registered office at 390 St Kilda Road, Melbourne and\ntrading as \"Laminex Industries\".\nof the fourth part\nWHEREAS:\nI. The Company has for some time been engaged in large scale\noperations in connection with the manufacture of particle\nboard at Ballarat in the State of Victoria.\nII. The Company desires to be satisfied that sufficient softwood\ntimber will be available to it over a period of time which will\nenable it to continue its operations at Ballarat.\nIII. The Government of the State of Victoria desires to provide a\nmeans by which the Company can be assured to its long term\nsupply of softwood timber and which also ensures that the\npublic of Victoria receives an adequate return to cover the\ncosts of certain forest production activities.\nIV. The parties hereto desire to enter into this Agreement so that\nupon an enabling Act being passed by Parliament and coming\ninto operation the provisions hereinafter appearing shall have\nfull force.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n4\nNow it is hereby agreed as follows:\nPART I—PRELIMINARY\n1. In this Agreement unless inconsistent with the context or subject\nmatter:\n\"the Act\", means the Act of the Parliament of Victoria to be passed\nto ratify, validate, approve and otherwise give effect to this\nAgreement;\n\"this Agreement\" includes this Agreement as from time to time\namended, supplemented or novated and includes all Schedules\nhereto and conditions which the Director-General shall from\ntime to time determine to apply in accordance with Clause 23;\n\"area of supply\" means softwood plantations existing from time to\ntime in State forest within the area delineated on the map\nannexed hereto;\n\"Director-General\" means the body corporate established by\nPart 2, Conservation, Forests and Lands Act 1987;\n\"Company\" means ACI Australia Limited trading as Laminex\nIndustries, and if in accordance with Clause 4 of this\nAgreement a subsidiary company is incorporated or the rights\nof the Company are assigned to any company includes that\nsubsidiary or assignee company;\n\"date of commencement\" means the same day as the date of\ncommencement of the Act;\n\"forest officer\" has the same meaning as in the Forests Act 1958;\n\"forest produce\" has the same meaning as in the Forests Act 1958;\n\"the industry\" means the manufacture by the Company near\nBallarat of particle board from softwood timber;\n\"minimum annual supply\" means 70 000 cubic metres per annum\nof softwood timber;\n\"Minister\" means Minister for Conservation, Forests and Lands;\n\"month\" means calendar month;\n\"softwood timber\" means timber of the species Pinus radiata, Pinus\nnigra, Pseudotsuga menziesii and other species suitable for the\nmanufacture of particle board but does not include any timber\nwhich the Director-General requires for sale as sawlogs,\nveneer logs, poles or fencing timber;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n5\n\"roading charge\" means the charge determined by the Director-\nGeneral which is levied from time to time on all forest product\nextracted from forests to cover the cost of maintenance,\nimprovement and construction of forest logging roads;\n\"State forest\" has the same meaning as in the Forests Act 1958;\n\"year\" means a period of twelve months commencing on the first\nday of July.\n2. (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 side notes shall not affect the interpretation\nof this Agreement.\n3. This Agreement shall not be of any force or effect until it has been\nratified validated, approved and otherwise given effect by an Act of\nthe Parliament of Victoria.\n4. (1) The Company shall be at liberty at any time with the prior\nwritten consent of the Director-General to assign its rights\nunder this Agreement to a subsidiary company or any other\ncompany.\n(2) After such assignment the following provisions shall have\neffect:\n(a) The subsidiary or assignee company shall by virtue of\nthe Act be subject to all the obligations and conditions\nimposed upon the Company by this Agreement so far\nas they remain in force and are capable of taking\neffect.\n(b) The Company shall remain responsible to the\nDirector-General for the performance of all its\nobligations under this Agreement as if no subsidiary\ncompany had been formed or assignment made.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n6\nPART II—OPERATION OF INDUSTRY\nDivision A—Duration of Agreement\n5. This Agreement shall remain in force until 30 June 2010 or until\nsooner determination in accordance with the provisions hereof.\n6. The expiration or determination of this Agreement shall not affect\nthe enforcement of any right, obligation or liability theretofore\nacquired, accrued or incurred.\nDivision B—Timber Rights\n7. Nothing in this Agreement shall affect the rights, powers and\nprivileges already acquired by any person under the Forests Act\n1958 or any other Act.\n8. Subject to the right of the Company under sub-clause (1) of\nClause 11 hereof to obtain softwood timber in the area of supply and\nsubject to compliance by the Director-General with obligations\nunder paragraph (a) of Clause 12 hereof to make available to the\nCompany the minimum annual supply of softwood timber nothing in\nthis Agreement shall restrict the Director-General's rights pursuant\nto the Forests Act 1958 to sell or grant licences to obtain forest\nproduce.\n9. (1) Not later than the thirty-first day of March in each year the\nDirector-General shall draw up and deliver to the Company a\nplan of utilisation 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 utilisation and the provisional plan shall set out\nthe locations from which softwood timber may be obtained\nduring the relevant period and shall specify the specific\nlocation area in hectares and the respective quantities of\nsoftwood timber which the Director-General estimates will be\nobtainable in each area.\n(3) The Director-General and the Company may during the\ncurrency of any plan of utilisation agree to a modification of\nthe plan.\n(4) The Company shall conform with each plan or modified plan\nof utilisation.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n7\n10. The Company shall comply with the provisions of the Forests Act\n1958, with all regulations for the time being in force under the\nForests Act and with the Code of Forest Practices for Timber\nProduction and other relevant Codes of Practice for the time being in\nforce under the Conservation, Forests and Lands Act 1987.\n11. (1) Subject to the provisions of this Agreement the Company\nwithout obtaining any lease permit or authority shall have the\nright to obtain softwood timber by its servants, agents or\ncontractors from the area of supply.\n(2) The Company shall obtain softwood timber from—\n(a) heads and other parts of trees remaining from logging\nand pole and post cutting operations;\n(b) all standing trees indicated by a forest officer; and\n(c) as required by the Director-General from timber felled\nor felled and removed by or on behalf of the Director-\nGeneral.\n(3) The Director-General may in its discretion if so requested by\nthe Company modify the Company's obligation to take\nsoftwood timber felled or felled and removed by or on behalf\nof the Director-General but any of such timber not taken by\nthe Company shall for the purposes of paragraph (a) of\nClause 12 hereof be softwood timber made available to the\nCompany by the Director-General.\n12. The Director-General—\n(a) shall subject to the provisions of Clause 26 hereof be bound\nin each year to make available to the Company the minimum\nannual supply of softwood timber from the area of supply;\nand\n(b) may in its discretion make available to the Company in any\nyear a quantity of softwood timber from the area of supply\nadditional to the minimum annual supply.\n13. The company shall not be bound to accept any softwood timber\nwhich—\n(a) is not sound, clean and free from rot doze blue stain and\ncharcoal;\n(b) is not sufficiently straight for the manufacturing processes for\nthe time being employed in the industry due to—\n(i) sweep equal to or exceeding twice the centre diameter\nunderbark for a 3·0 m log length;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n8\n(ii) presence of forks or swellings where the log diameter\nvaries by more than 30% over a 1·0 m length;\n(iii) bends involving deviation of the longitudinal axis of\nthe log in excess of 20º over a 1·0 m length;\n(c) is less than 3·0 metres in length or such other minimum\nlength as is agreed to from time to time by the Director-\nGeneral and the Company; or\n(d) is less than 10 cms or more than 40 cms in sectional\ndimension underbark.\n14. (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 and roading charges payable from\ntime to time under this Agreement; and\n(b) as to softwood timber either felled or felled and\nremoved by or on behalf of the Director-General the\nroyalty and roading charges as aforesaid and a charge\nto be agreed upon from time to time between the\nDirector-General and the Company for—\n(i) the cost to the Director-General of felling and\nremoval of softwood timber in or from the\nparticular area; and\n(ii) the overhead expenses of the Director-General\nin connection therewith.\n(2) Failing agreement within fourteen days on the charge referred\nto in paragraph (b) of sub-clause (1) hereof the charge shall\nbe determined by the Director-General but so that the charge\nfor the cost of felling or felling and removal of softwood\ntimber in or from any area shall be comparable to the cost\ngenerally incurred by the Company for felling and felling and\nremoval (as the case may be) of softwood timber at that time\nin similar form in or from areas which are similar with\nrespect to yield of softwood sawlogs physical circumstances\nof extraction and situation in regard to means of transport\nprovided that the arbitration provisions in Clause 27(3) shall\nbe applicable to the Director-General's determination.\n15. (1) Subject to the provisions of Clause 26 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—\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n9\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 Director-General\non the deficiency at a rate equal to the average of the\nroyalty rates payable in that year under Clause 17 or\n18 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 annual\nsupply the royalty payable on such excess shall be reduced by\nthe amount of royalty paid in respect to the deficiency.\n16. The following provisions shall apply with respect to royalty and\nroading charges payable under this Agreement:\n(a) Royalty and roading charges shall be payable after the\namounts have been ascertained by weighing and/or\nmeasuring in accordance with this Agreement.\n(b) Accounts for royalty and roading charges shall be issued\nmonthly.\n(c) An account issued for royalty and roading charges is due for\npayment immediately it is rendered and becomes overdue if\nnot paid by 30 days from the date the account is rendered.\n(d) If royalty and roading charges are not paid after becoming\noverdue the Company shall pay interest on the sum due but\nunpaid from the date the sum became overdue at the rate for\nthe time being fixed under Section 30 of the Conservation,\nForests and Lands Act 1987.\n(e) If an account for royalty and roading charges remains\noverdue for more than 14 days the Director-General may\nwithout limiting the obligations of the Company under\nClause 15 hereof by notice in writing to the Company\nsuspend its right to obtain softwood timber under this\nAgreement until payment is made.\n(f) If the Company disputes the amount of any payment\ndemanded by the Director-General it may make the payment\nunder protest and thereafter shall be entitled to take\nproceedings for recovery of any amount in excess of the\namount it was liable to pay.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n10\n17. (1) During the period from the date of commencement of this\nAgreement to 30 June 1993 the combined royalty and roading\ncharges payable shall be at the rates set out in the Schedule to\nthis Agreement.\n(2) During each successive period of three years thereafter the\nroyalty rates and the roading charges payable shall be\ndetermined separately as provided for in Clauses 18 and 19.\n18. (1) In respect of each successive three year period from 1 July\n1993 the royalty payable shall be at the rates agreed upon by\nthe Director-General and the Company, and failing\nagreement not later than fourteen days after the next\npublication by the Commonwealth Bureau of Statistics of\nfigures referred in sub-clause (2), to be determined as\nprovided for below.\n(2) In the event of failure to agree on or before the date provided\nfor in sub-clause (1) the royalty rates will be calculated by\nvarying the royalty rates payable during the preceding period\nof three years in the same proportion as the average of the\nproportional variation in the figures at the beginning and the\nend of that period in regard to—\n(a) the Average Weekly Earnings per Employed Male\nUnit: Victoria; and\n(b) the Price Index of materials based in building other\nthan house building: Wood and Wood Products.\nPublished by the Commonwealth Bureau of Census and\nStatistics\nProvided that in respect of the royalty rates to be determined\nfor the period 1 July 1993 to 30 June 1996 for the purpose of\ndetermining the royalty rates payable during the preceding\nperiod of three years, the Director-General will subtract the\nroading charge determined by it for the Ballarat Softwood\nManagement Area for the period 1 July 1992 to 30 June 1993\nfrom the royalty and roading charges set out in the Schedule\nto this Agreement.\n(3) If the Commonwealth Bureau of Census and Statistics ceases\nto publish the figures referred to in either paragraph (a) or (b)\nor sub-clause (1) hereof a new method of calculating any\nvariation in the royalty rates shall be agreed upon by the\nDirector-General and the Company or failing agreement\nshall be determined by the Director-General.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n11\n(4) If any variation in the royalty rates is not determined prior to\nthe commencement of any new three yearly period the\nCompany shall continue to pay royalty at the rates payable\nduring the preceding three yearly period and as soon as the\nnew rates have been determined an adjustment on the sum\ndue shall be made retrospectively to the commencement of\nthe new three yearly period. The Director-General may in his\ndiscretion determine that interest shall be payable in addition\nto the retrospective payments.\n19. With respect to each successive three year period from 1 July 1993 a\nroading charge shall be payable on all softwood timber removed the\namount of which is to be a charge per cubic metre determined by the\nDirector-General from time to time in light of projected expenditure\non timber extraction roads accessing softwood plantations in the\nBallarat and Otways Softwood Management Areas and regard to\nadvice of the Forest Management Area Roading Advisory\nCommittees on which the Company may at its option be represented.\n20. (1) From 1 July 1990 in addition to royalty and roading charges\npayable in accordance with Clause 14 hereof an annual\nlicence fee shall be paid by the Company to the Director-\nGeneral as provided for in this clause with respect to the right\nof the Company to cut and remove softwood timber as\nprovided in Clause 11(2) hereof.\n(2) The annual licence fee with respect to softwood required to\nbe made available to meet the minimum annual supply will\nbe due and payable on the 30th day of June. The Director-\nGeneral may in his discretion determine that the annual fee\nmay be paid in six monthly instalments.\n(3) The annual licence fee shall be at the rate of $1.00 per cubic\nmetre for the year commencing 1 July 1990 (\"the base fee\")\nand for each of the years commencing on the first day of July\nfor the following two years the base fee will be adjusted in\nthe same percentage rate as the rate of change in the royalty\nrate for that year.\n(4) The amount of annual licence fee will be reviewed between\n1 April 1993 and 30 June 1993 and thereafter between the\nfirst day of April and the 30th day of June at successive three\nyearly intervals and so that—\n(a) a review is to be conducted by the Director-General\nand the Company jointly;\n(b) the review will establish if a new base fee shall apply\nand if so at what rate, for the succeeding three years;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n12\n(c) the review will take account of—\n(i) the ongoing ability of the Company to maintain\nits competitive position in domestic and\ninternational panel products markets taking into\naccount circumstances not of its own making;\n(ii) changes in the average domestic market price\nof particle board relative to general cost\nincreases in the community as measured by the\nconsumer price index;\n(iii) changes in the landed price of imported particle\nboard and related products, relative to economy\nwide indices of capital and labour costs;\n(iv) the benefit of the special rights granted to the\nCompany under this Agreement;\n(d) the review will last no longer than the 30th day of\nJune in the year in which it commenced. In the event\nthat agreement is not reached between the Director-\nGeneral and the Company on or before that date the\nmatter shall be determined by the Director-General;\n(e) any new base fee so determined will be adjusted in\neach of the subsequent two years, similarly as set out\nin sub-clause (3) hereof.\n21. The Company shall not within the area of supply construct any road\ntrack or passage or any chute without the prior written consent of a\nforest officer and shall not construct any tramway flume or building\nor erect any haulage or conversion unit without the prior written\nconsent of the Director-General.\n22. (1) The quantity of softwood timber upon which royalty and\nroading charges are payable under this Agreement shall be\ndetermined in such manner provided that allowance shall be\nmade for bark as may be agreed upon by the Director-\nGeneral and the Company or failing agreement within thirty\ndays as the Director-General may direct.\n(2) If the royalty and roading charges so payable are to be\ndetermined by mass—\n(a) the Company shall provide at its Ballarat plant a\nweighbridge of a pattern which meets the\nrequirements of the Weights and Measures Act 1958\nand shall while this Agreement remains in force have\nthe weighbridge maintained and periodically verified\nand stamped in accordance with the provisions of that\nAct and shall operate the weighbridge in accordance\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n13\nwith the reasonable requirements of the Director-\nGeneral;\n(b) at all times while the weighbridge is in accurate\nworking order the quantity of softwood timber upon\nwhich royalty and roading charges are payable under\nthis Agreement shall be determined by weighing it on\nthe weighbridge; and\n(c) at all times while the weighbridge is not in accurate\nworking order the quantity of softwood timber upon\nwhich royalty and roading charges are payable under\nthis Agreement shall be determined in such manner as\nmay be agreed upon by the Director-General and the\nCompany or failing agreement as the Director-General\nmay direct.\n23. The Director-General may from time to time give to the Company\nwritten notice of conditions which shall apply in the areas from\nwhich it is obtaining softwood timber under this Agreement and the\nCompany shall comply with the said conditions and ensure that any\ncontractors who are engaged in obtaining softwood timber under this\nAgreement have notice thereof.\n24. (1) The Company shall inform the Director-General in writing\nfrom time to time 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 person for production\nwhen required by a forest officer evidence in a form\nsatisfactory to the Director-General that he is engaged in\nobtaining softwood timber under this Agreement and the\nCompany shall forthwith inform the Director-General in\nwriting whenever 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 which are applicable to the\ncontractor the conditions referred to in Clause 10(2)\nhereof which are applicable to that contractor and with\nthe Code of Forest Practices for Timber Production\nand any other relevant Codes of Practice for the time\nbeing in force under the Conservation, Forests and\nLands Act 1987.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n14\n(b) The Company shall upon making any such contract\nforthwith give to the Director-General written notice\nof the contract specifying the name of the contractor\nthe duration of the contract and the quantity of and\narea from which softwood timber is to be obtained\nthereunder.\n(4) The Company shall if so required by the Director-General\nterminate the contract of any contractor who in the opinion of\nthe Director-General 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. (1) In the first three months of the last year of this Agreement the\nDirector-General shall if the Company seeks a further\nAgreement to assure to it supplies of softwood timber for the\ncontinuation and expansion of the industry investigate the\ndevelopment of the industry and if satisfied that the Company\nneeds to have supplies of softwood timber assured to it by a\nfurther Agreement enter into negotiations with the Company\nfor that purpose.\n(2) When or if a further Agreement has been agreed upon and\nexecuted the Director-General shall (if necessary)\nrecommend to the Minister 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. If any of the softwood plantations in the area of supply are damaged\nor destroyed by fire, disease or other cause to such an extent that it is\nimpracticable for the Director-General to comply with the provisions\nof paragraph (a) of Clause 12 hereof or if by reason of anything\nwhatsoever beyond the control of the Director-General it is\nprevented from complying with those provisions the Company shall\nhave no claim against the Director-General for the non-fulfilment of\nits obligations under those provisions so far as non-fulfilment is due\nto any such cause.\n27. (1) If—\n(a) the Company's plant or any works used by it in the\nproduction of particle board near Ballarat are damaged\nor destroyed by fire or other calamity to an extent\nsufficient to prevent production of particle board for\nsoftwood timber at a rate not less than 250 tonnes per\nmonth;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n15\n(b) by reason of anything beyond the control of the\nCompany it is prevented from carrying on production\nof particle board from softwood timber at a rate not\nless than 250 tonnes per month; or\n(c) by reason of any change in the economics of the\nindustry the carrying on of the industry becomes\ncommercially impracticable or the continued\nperformance by the Company of its obligations under\nClause 15 hereof would affect it unfairly then in any\nof those events—\nthen sub-clause (2) shall apply.\n(2) If any of the events specified in sub-clause (1) of this clause\noccur and continue for more than 30 days then—\n(a) the company may apply to the Director-General for\nsuspension or a reasonable modification of the extent\nor operation of the said obligations or for an extension\nof time for the performance or observance thereof;\n(b) the Director-General upon any such application by the\nCompany may grant a suspension of all or any of the\nsaid obligations or a reasonable modification of their\nextent or operation or an extension of time for their\nperformance or observance;\n(c) if the Company is dissatisfied with the decision of the\nDirector-General upon any such application the matter\nshall if the Company so elects be submitted to\narbitration.\n(3) Arbitration pursuant to the preceding sub-clause shall be\neffected as follows:\n(a) The matter shall be referred to two arbitrators one to\nbe appointed by the Company and one by the\nDirector-General.\n(b) The provisions of the Commercial Arbitration Act\n1984 shall apply to the reference.\n(c) The arbitrators and any umpire appointed for the\npurpose of the reference shall decide what is fair and\nreasonable having regard to the terms of this\nAgreement and the circumstances existing at the time\nof the reference.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n16\n(4) The arbitrators or umpire or some person appointed on their\nbehalf may investigate the Company's affairs and accounts so\nfar as may be necessary to assist them to determine any\nmatter referred to them and the Company shall give them full\naccess to all accounts and papers necessary for that purpose\nand shall afford them full information and assistance.\nDivision D—Determination of Agreement by Director-General\n28. If the Company—\n(1) enters into liquidation (other than a voluntary liquidation for\nthe purposes or reconstruction and assignment of rights under\nthis Agreement).\n(2) ceases production of particle board or other panel products\napproved by the Director-General.\n(3) contravenes or fails to comply with the terms and conditions\nof this Agreement.\nthe Director-General may thereupon determine this Agreement.\nDivision E—Supplemental\n29. The Director-General and the Company may by agreement—\n(a) from time to time amend this Agreement by such additions,\ndeletions and variations of matters of detail as may be\nnecessary or desirable to facilitate the carrying on of the\nindustry; and\n(b) at any time determine this Agreement upon such terms as\nthey deem fit.\n30. Notwithstanding anything else provided in this Agreement the\nCompany may determine this Agreement by the giving of five years'\nnotice in writing to the Director-General, and after that time all\nobligations of the Company and the Director-General pursuant to\nthis Agreement will cease.\n31. The Minister approves this Agreement.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n17\nIn witness whereof the parties hereto have executed as a deed this Agreement\nthe day and year first before written.\nSigned sealed and delivered by the Honourable,\nthe Treasurer in the presence of: R. A. JOLLY L.S.\nS. POSTLETHWAITE\nSigned, sealed and delivered by the Honourable,\nthe Minister for Conservation, Forests and\nLands in the presence of: K. SETCHES L.S.\nGAVIN JENNINGS\nThe common seal of Director-General of\nConservation, Forests and Lands was\nhereunto affixed in the presence of: L. FOSTER L.S.\nK. HARBECK\nThe common seal of ACI Australia Limited,\nwas hereto affixed by authority of the\nDirectors in the presence of: L.S\nE. B. TURNER, Director\nGEOFF ROBERTSON, Secretary\nSchedule\nRoyalty and Roading Charges (Clause 17)\nThe royalty and roading charge per cubic metre of Softwood Timber shall be\ndetermined by the distance the place of harvesting of the timber and the\nCompany's plant, as follows:\n(1) Where the distance is less than or equal to 50 kms, the maximum rate\nset out in the table below;\n(2) Where the distance is greater than 50 kms, the maximum rate shall be\nreduced by the distance allowance set out in the table below, provided\nthat the charge shall not be reduced below the minimum rate set out in\nthe table below.\nPeriod Ending\nMaximum\nRate $/m3\nMinimum\nRate $/m3\nDistance\nAllowance\nCents/km/m3\n30.6.1991 $16.00 $10.50 10⋅0\n30.6.1992 $16.96 $11.13 10⋅6\n30.6.1993 $17.98 $11.80 11⋅2\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n18\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n19\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 26 October 1989\nLegislative Council: 17 November 1989\nThe long title for the Bill for this Act was \"A Bill to ratify an agreement with\nLaminex Industries and for other purposes\".\nThe Forests (Laminex Industries Agreement) Act 1989 was assented to on\n5 December 1989 and came into operation on 1 January 1990: section 2.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n20\n2. Table of Amendments\nThere are no amendments made to the Forests (Laminex Industries\nAgreement) Act 1989 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 82/1989\nForests (Laminex Industries Agreement) Act 1989\n21\n3. Explanatory Details\nNo entries at date of publication\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: ratifying the specific timber supply agreement with Laminex Industries. The scope has not expanded beyond the single commercial arrangement described in the preamble and purpose clause. While the scheduled agreement is lengthy and detailed, it does not appear to have grown to encompass broader policy areas or additional parties beyond the original intent of securing timber supply for the Ballarat particle board facility."},"complexity_factors":["Detailed commercial agreement scheduled to the Act with 31 clauses across 5 divisions, including nested sub-clauses and cross-references to other Victorian legislation (Forests Act 1958, Conservation, Forests and Lands Act 1987, Commercial Arbitration Act 1984)","Complex pricing mechanisms with multiple variables: distance-based royalty tables, triennial reviews tied to Bureau of Statistics indices (Average Weekly Earnings, Price Index of materials), separate roading charges, and annual licence fees with base rate adjustments","Conditional logic throughout: force majeure clauses (fire, disease), suspension rights, deficiency carry-forward provisions (Clause 15), and quality rejection criteria with technical specifications (sweep, forks, bends, dimensional limits)","Arbitration provisions requiring dual arbitrators and references to external commercial arbitration legislation","Assignment and subsidiary company provisions with continuing liability guarantees (Clause 4)","Multiple measurement methodologies (mass vs volume) with weighbridge compliance requirements under Weights and Measures Act 1958"],"plain_english_summary":"This Victorian law from 1989 is a commercial deal between the state government and a timber company called Laminex Industries (part of ACI Australia). \n\n**What it does:**\n- **Ratifies a contract** (makes it legally binding) that guarantees Laminex a supply of softwood timber from state forests near Ballarat and the Otways for 21 years (until 2010).\n- **Sets the rules** for how much timber Laminex gets (minimum 70,000 cubic metres per year), what quality it must be, and how much the company pays in royalties and fees.\n- **Replaces an old deal** from 1969 with this new agreement.\n\n**Who it affects:**\n- **Laminex Industries**: Gets guaranteed access to cheap timber for its particle board factory in Ballarat, with prices linked to wage and materials indices.\n- **The Victorian Government**: Through the Director-General of Conservation, Forests and Lands, must supply the timber and maintain roads, collecting fees in return.\n- **The public**: The agreement is meant to ensure the state gets a \"return\" for forest production costs while keeping a local manufacturer operating.\n\n**Why it matters:**\nThis is an example of **\"contractualisation\" of public resources**—where a private company gets long-term, locked-in access to public forests through legislation. It includes detailed price-setting mechanisms, arbitration clauses for disputes, and complex formulas for adjusting fees every three years based on economic indicators. The Act gives Laminex special rights to cut timber without normal permits, while requiring them to follow environmental codes and forest laws."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained focused on its original purpose: providing statutory authority for the specific timber supply agreement with Laminex Industries. No significant amendments or scope expansions are evident from the version history provided."},"complexity_factors":["The legislation is narrow and industry-specific, limiting its scope but requiring knowledge of the underlying commercial agreement to fully understand its effects","The Act operates by incorporating a separate agreement by reference, meaning the actual obligations are found in an external document rather than the Act itself","Interaction with broader Victorian forestry law (such as the Forests Act 1958) adds a layer of complexity","The Act has been in force since 1989 with minimal amendment history visible, so understanding its current practical effect requires checking whether the underlying agreement is still operative","Corporate restructuring of Laminex over the decades may affect who the agreement's rights and obligations now apply to"],"plain_english_summary":"This Act turns a commercial timber‑supply agreement with Laminex Industries into statute, legally protecting the company’s rights to harvest Victorian forest resources and obliging government forest managers to honour the deal. It matters because it locks a specific industry access arrangement into law, shaping how public forests are allocated and affecting conservation, biodiversity and competing public interests."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act implements and gives statutory effect to the Agreement as framed in the Preamble and the Schedule (ratification, supply, payments, administrative powers) and repeals the earlier 1969 Act (s.7). The text does not expand or narrow the Agreement's subject‑matter beyond the Agreement's terms as set out in the Schedule."},"complexity_factors":["Statutory ratification of a detailed commercial agreement: the Agreement is given the force of law and sits in the Schedule (s.5, Schedule).","Indexed pricing formula relying on external ABS series and fallback rules, plus Director‑General discretion to set roading charges (cls 17–19).","Minimum annual supply with a take‑or‑pay style obligation and carry‑forward adjustment for future excesses (cls 12,15).","Multiple payment streams and billing/enforcement mechanics (royalty, roading charge, annual licence fee; cls 14,16,20).","Significant administrative discretion vested in the Director‑General to prepare utilisation plans, set conditions and determine unresolved charges (cls 9,14,19,23).","Enforcement and suspension powers for non‑payment and contractual non‑compliance (cl.16, cl.28).","Dispute resolution by arbitration with provision for account inspection and information access (cl.27(3)–(4)).","Operational compliance requirements (weighbridge standards, measurement methods, contractor obligations) that impose technical and recordkeeping duties on the company (cls 22,24,23)."],"plain_english_summary":"This Act ratifies an agreement giving ACI Australia (trading as Laminex) priority access to softwood timber from specified Ballarat and Otways plantations, establishing a minimum annual supply entitlement and operational rules. (Purpose; Part II)\n\nThe company pays royalties, roading charges and an annual licence fee; the Director‑General sets plans, charges and conditions, can suspend rights for non‑payment or breaches, and disputes may be settled by arbitration. (Clauses 9,12,14,16,19,20,26–28)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/forests-laminex-industries-agreement-act-1989","history":"/api/acts/forests-laminex-industries-agreement-act-1989/history","analysis":"/api/acts/forests-laminex-industries-agreement-act-1989/analysis","conflicts":"/api/acts/forests-laminex-industries-agreement-act-1989/conflicts","importantCases":"/api/acts/forests-laminex-industries-agreement-act-1989/important-cases","documents":"/api/acts/forests-laminex-industries-agreement-act-1989/documents"}}