{"id":"forests-masonite-agreement-act-1956","name":"Forests (Masonite Agreement) Act 1956","slug":"forests-masonite-agreement-act-1956","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174023,"registerId":"vic-forests-masonite-agreement-act-1956-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Forests (Masonite Agreement) Act 1956","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nForests (Masonite Agreement) Act 1956\nAct No. 6046/1956\nVersion incorporating amendments as at 21 February 2001\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Definitions and expressions 2\n3. Act to bind the Crown 3\n4. Ratification and enforcement of Agreement 3\n5. Regulations 3\n__________________\nSCHEDULE—Agreement 5\n═══════════════\nENDNOTES 22\n1. General Information 22\n2. Table of Amendments 23\n3. Explanatory Details 24\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nForests (Masonite Agreement) Act 1956\nAct No. 6046/1956\nVersion incorporating amendments as at 21 February 2001\nAn Act to ratify validate approve and otherwise give effect to an\nAgreement between the Minister of Forests the Forests\nCommission and Masonite Corporation (Australia) Pty. Limited\nwith respect to the Establishment of an Industry for the\nManufacture of Masonite and Hardboard from Pulpwood, and\nfor other purposes.\nPreamble\nWHEREAS an Agreement with respect to the\nestablishment of the Masonite and Hardboard\nindustry in Victoria was made on the tenth day of\nOctober One thousand nine hundred and fifty-six\nbetween the Honorable Gordon Stewart McArthur\nin his capacity of Minister for Forests for the time\nbeing for and on behalf of the State of Victoria of\nthe first part and the Forests Commission of the\nsecond part and Masonite Corporation (Australia)\nPty. Limited being a company incorporated in the\nState of New South Wales of the third part:\nAND WHEREAS by the said Agreement it is\nprovided that the said Agreement shall not be of\nany force or effect until it has been ratified\nvalidated approved and otherwise given effect by\nan Act of the Parliament of Victoria:\nAND WHEREAS it is expedient to ratify validate\napprove and otherwise give effect to the said\nAgreement and to make other provision as\nhereinafter enacted:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n2\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 (Masonite\nAgreement) Act 1956.\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. Definitions and expressions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n(a) \"the Agreement\" means the Agreement a\ncopy of which is set out in the Schedule to\nthis Act;\n\"Forest Area\" means State Forest existing\nfrom time to time within the area\nsurrounded by a red verge on the map\nannexed to the original of the\nAgreement which has been endorsed\nby the Honorable Gordon Stewart\nMcArthur the Forests Commission and\nthe Corporation and is held by the\nCrown Solicitor for Victoria or if that\narea is varied in accordance with\nclause 17 of the Agreement means the\narea as so varied;\n(b) expressions used in this Act shall have the\nmeanings respectively assigned to them in\nthe Agreement.\ns.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n3\n3. Act to bind the Crown\nThis Act shall bind the Crown.\n4. Ratification and enforcement of Agreement\n(1) The Agreement is hereby ratified validated and\napproved.\n(2) Notwithstanding anything in any Act the Minister\nthe Director-General of Conservation, Forests and\nLands and all other officers concerned are hereby\nempowered to carry out the Agreement and to\nenter into all agreements provided for by it and in\nparticular the Director-General of Conservation,\nForests and Lands is hereby empowered (but only\nfor the purposes of and subject to the Agreement)\nto enter into contracts with other persons for the\nfelling or removal or felling and removal of\npulpwood in or from the Forest Area.\n5. Regulations\n(1) The Governor in Council may make regulations\nfor or with respect to—\n(a) regulating and controlling the manner of\ncutting felling obtaining or removing\npulpwood in or from the Forest Area;\n(b) prescribing covenants terms and conditions\nto be included in leases licences permits or\nauthorities granted or issued after the\ncommencement of this Act under the Forests\nActs which will facilitate the transport of\npulpwood for the Corporation or the supply\nof pulpwood to it; and\n(c) any matter or thing authorized or required\nunder the Agreement to be prescribed by\nregulation.\ns. 3\nS. 4(2)\namended by\nNo. 41/1987\ns. 103(Sch. 4\nitem 27.1).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n4\n(2) Any person who contravenes or fails to comply\nwith—\n(a) any regulation made under paragraph (a) of\nthe last preceding sub-section shall be liable\nto a penalty of not more than One hundred\npounds or to imprisonment for not more than\nthree months; and\n(b) any other regulation made under the last\npreceding sub-section shall be liable to a\npenalty of not more than Fifty pounds.\n(3) All regulations made under this Act shall be\npublished in the Government Gazette and shall be\nlaid before both Houses of Parliament within\nfourteen days after the making thereof if\nParliament is then sitting and if Parliament is not\nthen sitting then within fourteen days after the\nnext meeting of Parliament, and a copy of all such\nregulations shall be posted to each member of\nParliament.\n__________________\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n5\nSCHEDULE\nTHIS AGREEMENT is made the tenth day of October One thousand nine\nhundred and fifty-six BETWEEN The Honorable GORDON STEWART\nMcARTHUR in his capacity as Minister of Forests for the time being of the\nState of Victoria (hereinafter called \"the Minister\") for and on behalf of the\nState of Victoria of the one part FORESTS COMMISSION incorporated by\nthe provisions of the Forests Act 1928 of the said State (hereinafter called\n\"the Commission\") of the second part and MASONITE CORPORATION\n(AUSTRALIA) PTY. LIMITED a company incorporated in the State of New\nSouth Wales the registered office of which in Victoria is situate at\n533 Collins-street Melbourne (hereinafter called \"the Corporation\") of the\nthird part—\nWHEREAS:\nI. The Corporation is desirous of establishing in the State of Victoria the\nindustry of manufacturing Masonite and other forms of hardboard from\npulpwood obtained from forests controlled by the Commission in the\nForest Area defined in clause 1 of this Agreement.\nII. Before the Corporation incurs the expenditure involved in the industry it\nwill be necessary for it to be satisfied that certain rights and powers\nincidental to the establishment and carrying on of the industry will be\nassured to it.\nIII. In order to effectuate the establishment and carrying on of the industry\nthe parties hereto are desirous of entering into the Agreement following\nso that upon its ratification validation and approval by the Parliament of\nthe State of Victoria the Commission and the Corporation shall become\nbound in manner hereinafter appearing.\nNOW IT IS HEREBY AGREED as follows:\nPART I—PRELIMINARY\n1. Definitions\nIn this Agreement unless inconsistent with the context or\nsubject-matter—\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\" includes this Agreement as from time to\ntime amended;\nPreamble,\nsection 2.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n6\n\"commercial production\" means production by the\nCorporation at a rate of not less than 10 000 tons a\nyear continued for at least one month of Masonite\nfrom pulpwood obtained under this Agreement;\n\"Commission\" means the said Forests Commission and if\nthat Commission ceases to exist means the body\ncorporate or persons for the time being charged with\nthe duties or substantially the same duties now\nperformed by the Forests Commission;\n\"Corporation\" means the said Masonite Corporation\n(Australia) Pty. Limited and if in accordance with\nclause 4 of this Agreement a subsidiary company is\nincorporated or the rights of the Corporation are\nassigned to any company includes that subsidiary or\nassignee company;\n\"date of commencement\" means the first day of the month\nfollowing the date of the commencement of the Act;\n\"Forest Area\" means State forest existing from time to\ntime within the area surrounded by a red verge on the\nmap annexed hereto or if that area is varied in\naccordance with clause 17 hereof that area as so\nvaried;\n\"forest officer\" has the same meaning as in the Forests Act\n1928;\n\"forest produce\" has the same meaning as in the Forests\nAct 1928;\n\"the industry\" means—\n(a) manufacture by the Corporation in the State of\nVictoria of Masonite from pulpwood; and\n(b) investigations preliminary to and in connexion\nwith such manufacture and the supply and\npreparation materials therefor; and\n(c) the carrying on of processes incidental to such\nmanufacture;\n\"Masonite\" includes any other form of hardboard;\n\"minimum annual supply of pulpwood\" means—\n(a) until the end of the year within which the date\nof commencement falls and for the three years\nnext following—nil;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n7\n(b) for the fourth year next following the year\nwithin which the date of commencement falls\n50 000 tons; and\n(c) thereafter—60 000 tons a year;\n\"Minister\" means the responsible Minister of the Crown\nfor the time being administering the Forests Act\n1928;\n\"mixed species\" means any species of tree (other than\nEucalyptus delegatensis syn. Eucalyptus gigantea and\nEucalyptus regnans) the timber of which is suitable\nfor use in making Masonite;\n\"month\" means calendar month;\n\"pulpwood\" means timber stripped of bark and suitable for\nuse in making Masonite;\n\"State forest\" has the same meaning as in the Forests Act\n1928;\n\"term of this Agreement\" means—\n(a) the period of fifty years commencing on the\ndate of commencement; or\n(b) if this Agreement is determined before the\nexpiration of that period the period\ncommencing on the date of commencement and\nending on the date of determination;\n\"timber\" has the same meaning as in the Forests Act 1928;\n\"ton\" means 2240 pounds weight;\n\"year\" means calendar year and \"annually\" has a\ncorresponding meaning.\n2. Interpretation\n(1) In this Agreement unless inconsistent with the context or\nsubject-matter references to any Act shall include all\namendments thereof for the time being in force and all later\nActs by which provisions of the former Act are re-enacted\nwith or without modification and all supplemental\nlegislation for the time being in force whether by regulation\nrule proclamation or order made under authority conferred\nby that Act or any amendment or re-enactment thereof.\n(2) The headings and sidenotes shall not affect the interpretation\nof this Agreement.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n8\n3. Agreement to be ratified by Act of Parliament\n(1) This 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.\n(2) The Minister undertakes that he will use his best\nendeavours—\n(a) to introduce as soon as possible into the said\nParliament a Bill to ratify validate approve and\notherwise give effect to this Agreement which Bill\nshall provide for the Act coming into operation on a\ndate to be proclaimed; and\n(b) to have the said date proclaimed not later than three\nmonths after the date on which the Act is passed by\nthe said Parliament.\n4. Operation of industry by subsidiary or assignee company\n(1) The Corporation shall be at liberty at any time with the\nconsent of the Minister in writing signed by him—\n(a) to procure the incorporation of a subsidiary company\nto exercise as the nominee of the Corporation its\nrights under this Agreement and the Act; and\n(b) to assign its rights under this Agreement and the Act\nto such subsidiary company or to any other company.\n(2) After such incorporation or assignment and after notice\nthereof to the Minister the following provisions shall have\neffect—\n(a) the subsidiary or assignee company shall by virtue of\nthe assignment and the Act be subject to all the\nobligations and conditions imposed upon the\nCorporation by this Agreement so far as they remain\nin force and are capable of taking effect;\n(b) the Corporation shall remain responsible to the\nMinister and the Commission for the performance of\nall its obligations under this Agreement as if no\nsubsidiary company had been formed or assignment\nmade.\n5. Commission to recognize that business is competitive, &c.\nIn using its powers and applying its discretions whether\nunder this Agreement or the Act or the Forests Act 1928 the\nCommission shall give full recognition to the fact that the\nCorporation is engaged in a competitive business and so far\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n9\nas the interests of proper forest management allow the\nCommission (which shall be the sole judge of what is proper\nforest management) shall so act in every reasonable way as\nto enable and assist the Corporation to carry on the industry\nin the most economic manner.\nPART II—OPERATION OF INDUSTRY\nDivision A—Duration of Agreement\n6. To cease after 50 years or upon sooner determination\nThe provisions of this Agreement shall remain in force until\nthe expiration of the term of this Agreement and thereupon\nthe rights interests powers and privileges granted to the\nCorporation shall determine.\n7. Saver of rights\nThe cessation of the effect of this Agreement shall not affect\nthe enforcement of any right obligation or liability\ntheretofore acquired accrued or incurred.\nDivision B—Timber Rights\n8. Application of Forests Act\nThe Forests Act 1928 shall apply to and with respect to all\noperations of the Corporation in the Forest Area except in so\nfar as that Act may be inconsistent with the provisions of\nthis Agreement.\n9. Savings of rights of lessees, &c.\n(1) Save as expressly provided by this Agreement or the Act\nnothing in this Agreement or the Act shall affect the rights\npowers and privileges acquired (whether before or after the\ncommencement of the Act) under the Forests Act 1928 or\nany other Act by any person.\n(2) Notwithstanding anything contained in this Agreement or\nthe Act any person who has acquired any rights powers and\nprivileges as aforesaid shall be entitled to the full and free\nright of entry to the area in respect of which they were or are\nacquired.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n10\n10. Requirements of the general public\nSubject to the Commission's compliance with the\nobligations expressed in clause 14 hereof nothing in this\nAgreement shall operate so as to restrict the Commission's\nrights pursuant to the Forests Act 1928 to sell forest\nproduce to meet the reasonable requirements of the general\npublic. The Commission shall be the sole judge as to what\nare reasonable requirements within the meaning of this\nclause.\n11. Plan of utilization\n(1) Within three months after the date of commencement the\nCorporation shall deliver to the Commission a statement of\nthe quantity of pulpwood which it desires to obtain from the\nForest Area during the period (in this clause called \"the first\nperiod\") which comprises the remainder of the year in which\nthe date of commencement occurs and the two years next\nfollowing.\n(2) Within three months after receipt of the statement referred to\nin sub-clause (1) hereof the Commission shall draw up and\ndeliver to the Corporation a plan of utilization for the first\nperiod.\n(3) During the last three months of—\n(a) the year commencing on the first day of January next\nfollowing the date of commencement; and\n(b) the second year of each period of three years after the\nfirst period—\nthe Corporation shall deliver to the Commission a statement\nof the quantity of pulpwood which it desires to obtain\nannually during the next succeeding period.\n(4) Within nine months after the receipt of a statement in\naccordance with sub-clause (3) hereof the Commission shall\ndraw up and deliver to the Corporation a plan of utilization\nfor the period in respect of which the statement is prepared.\n(5) The Commission and the Corporation may during the\ncurrency of any plan of utilization agree to a modification of\nthe plan.\n(6) The Corporation shall conform with each plan or modified\nplan of utilization.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n11\n12. Operations to be carried out to satisfaction of Commission\n(1) The Corporation shall carry out or cause to be carried out to\nthe satisfaction of the Commission all operations under this\nAgreement on the Forest Area.\n(2) The Corporation shall have the right (subject to the Act and\nthe Forests Act 1928 but without obtaining any lease\nlicence permit or authority so to do) either itself or by\ncontractors to fell and remove pulpwood from the Forest\nArea.\n13. Corporation's right to pulpwood\n(1) Subject to the provisions of clause 10 hereof and to\ncompliance by the Corporation with the provisions of\nclause 11 hereof the Corporation without obtaining any\nlease licence permit or authority under the Forests Act 1928\nshall have the exclusive right to obtain pulpwood from trees\nof mixed species in the Forest Area other than any trees that\nare indicated by a forest officer as being required for\nsilvicultural or watershed protection purposes.\n(2) Notwithstanding anything herein contained the Commission\nmay make available to the Corporation from the Forest Area\npulpwood from trees of the species Eucalyptus regnans and\nEucalyptus delegatensis in such quantities from such\nlocations under such conditions and at such royalty rates as\nare agreed upon from time to time between the Commission\nand the Corporation.\n(3) The Corporation shall take all pulpwood from timber of\nmixed species available to it from operations carried out by\nor on behalf of the Commission within the Forest Area:\nProvided that the Corporation shall not be required under\nthis sub-clause to take any pulpwood in respect of which\ndelivery cannot be effected at the Corporation's works at\nEildon at an economic price and in the event of the\nCommission and the Corporation being unable to agree in\nany case as to whether the price is economic or not the\nmatter shall be determined in accordance with clause 32\nhereof.\n(4) Where pursuant to the last preceding sub-clause the\nCorporation is not required to take any pulpwood the\nCommission shall notwithstanding anything contained in\nthis Agreement be entitled to dispose of that pulpwood\neither as pulpwood or otherwise in such manner and to such\npersons as it thinks fit.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n12\n(5) Any pulpwood taken by the Corporation under the\nprovisions of sub-clauses (2) and (3) of this clause shall for\nthe purposes of clause 18 and sub-clause (1) of clause 14\nhereof be included in the quantity of pulpwood made\navailable by the Commission and taken by the Corporation.\n14. Commission's obligation to supply\n(1) The Commission—\n(a) shall be bound in each year to make available to the\nCorporation from the Forest Area such quantity of\npulpwood not exceeding 120 000 tons as the\nCorporation may require;\n(b) may in its discretion make available as aforesaid at\nthe request of the Corporation in any year a quantity\nof pulpwood exceeding 120 000 tons.\n(2) Any pulpwood of mixed species made available in\naccordance with the last preceding sub-clause shall so far as\nthe Commission is able to do so be supplied in the following\nproportions—\n(a) Peppermint—55 per centum;\n(b) Messmate—30 per centum;\n(c) other species—15 per centum.\n15. Specification for pulpwood\nThe Corporation shall be bound to accept or take any\npulpwood which is not less than four feet in length and\nwhich has a minimum diameter at the smaller end of not less\nthan four inches.\n16. Price\nFor all pulpwood obtained by the Corporation under this\nAgreement it shall pay—\n(a) as to pulpwood which the Corporation either by itself\nor its contractors fells and removes—the royalty\npayable from time to time under the provisions of this\nAgreement; and\n(b) as to pulpwood obtained from timber either felled or\nfelled and removed by or on behalf of the\nCommission—the royalty payable as aforesaid\ntogether with a fair and reasonable charge to be\nagreed upon from time to time between the\nCommission and the Corporation for the cost of\nfelling or of felling and removal of the timber:\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n13\nPROVIDED that if the Commission and the Corporation fail\nto agree upon the amount of that charge it shall be\ndetermined in accordance with clause 32 hereof.\n17. Revision of Forest Area\nWithin one year prior to the expiration of each period of ten\nyears after the date of commencement—\n(a) representatives of the Commission and of the\nCorporation shall investigate the development of the\nindustry and the supplies of pulpwood available in the\nForest Area;\n(b) in the light of each such investigation the\nCommission—\n(i) may increase the Forest Area by the inclusion\nof an additional area of State forest within a\nradius not exceeding forty miles from the\ntownship of Eildon; or\n(ii) may reduce the Forest Area to an area capable\nin its opinion of producing supplies of\npulpwood adequate for the continuance of the\nindustry.\n18. Corporation bound to take or pay for minimum supply\nSubject to the provisions of clauses 29 and 30 hereof the\nCorporation shall be bound in each year in which the\nminimum annual supply of pulpwood to which it is entitled\nin that year (in this clause called \"the minimum quantity\") is\navailable to it either—\n(a) to take not less than 90 per centum of the minimum\nquantity from the Forest Area; or\n(b) if it takes less than 90 per centum of the minimum\nquantity to pay royalty to the Commission on 90 per\ncentum of the minimum quantity at the rate payable in\nthat year under clauses 20 and 21 hereof.\n19. 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; and\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n14\n(b) if any payment of royalty due by the Corporation\nremains unpaid for sixty days after the Commission\nhas demanded payment thereof the Commission by\nnotice in writing to the Corporation may suspend its\nright to obtain further supplies of pulpwood under this\nAgreement until payment is made.\n20. Rate of royalty during first twelve years\nRoyalty on all pulpwood obtained by the Corporation under\nthis Agreement during the period of twelve years\ncommencing on the date of commencement shall be paid at\nthe rate of One shilling and ten pence a ton.\n21. Review of royalty after first twelve years\nAt any time after the expiration of twelve years after the\ndate of commencement the rate of royalty prescribed in the\nlast preceding clause may be reviewed at the instance of the\nCommission or the Corporation so that—\n(a) if the Commission and the Corporation fail to agree as\nto the rate of royalty to be paid during any period the\nrate shall subject to the succeeding provisions of this\nclause be determined as provided in clause 32 hereof;\n(b) in any such determination the arbitrators or their\numpire shall take into consideration any alteration in\ncircumstances and any other relevant matters which\neither of the parties to the reference may bring before\nthe arbitrators or the umpire;\n(c) the arbitrators or umpire or some person appointed on\ntheir behalf may investigate the Corporation's affairs\nand accounts so far as may be necessary for assisting\nthem towards a determination of a fair rate of royalty\nand the officers of the Corporation shall give them\nfull access to all accounts and papers necessary for\nthat purpose and shall afford them full information\nand assistance;\n(d) any information obtained from the Corporation under\nthis clause shall be used only for the purposes of the\nreview or arbitration and shall be treated as\nconfidential;\n(e) where a rate of royalty has been determined as\nprovided by this clause whether by agreement or\narbitration that rate shall come into force on the first\nday of January after the determination and shall\ncontinue in force for not less than five years after that\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n15\nfirst day of January unless the Commission and the\nCorporation otherwise agree;\n(f) the royalty determined as provided by this clause shall\nbe not less than One shilling and ten pence a ton.\n22. Construction of roads, tracks, &c., by Corporation\n(1) The Corporation shall not construct any road track passage\ntramway chute or flume or building or erect any haulage or\nconversion unit within the Forest Area without the consent\nof the Commission or a forest officer previously obtained.\n(2) The Corporation shall not commence the construction of any\nroad track passage tramway chute or flume within the Forest\nArea until the plan of route and construction specifications\nthereof have been approved by the Commission or a forest\nofficer nor shall it depart from any such plan or\nspecifications without the like approval first obtained.\n23. Maintenance of roads and tracks\n(1) Any road or track within the Forest Area constructed by the\nCorporation shall be maintained by it to the satisfaction of\nthe Commission until such time as the Corporation informs\nthe Commission in writing that it no longer requires such\nroad or track whereupon the Corporation shall cease to have\nany right over or obligation to maintain such road or track.\n(2) The Corporation shall not be responsible for the\nmaintenance of any road or track within the Forest Area\nconstructed by the Commission but it shall be responsible\nfor and shall on demand by the Commission or a forest\nofficer make good any damage (normal wear and tear\nexcepted) to any such road or track caused by any vehicle\noperated by or on behalf of the Corporation or its\ncontractors.\n24. Use by others of roads and tracks constructed by Corporation\n(1) The Corporation shall permit the passage over any road or\ntrack within the Forest Area constructed by it of vehicles\nused by any person to transport forest produce which the\nCommission has authorized that person to obtain and any\nperson permitted by the Corporation pursuant to this sub-\nclause to use any such road or track shall do so at his own\nrisk.\n(2) The Corporation shall be entitled to make such charge or to\nbe otherwise recompensed for the use by such person of any\nsuch road or track as the Commission may approve.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n16\n(3) The Corporation shall permit without charge the passage\nover any such road or track of any vehicle used by any forest\nofficer or any employé or contractor of the Commission.\n(4) The Commission shall having regard to the matters\nmentioned in clause 5 hereof do all in its power to ensure\nthat the operations of the Corporation in the Forest Area are\nnot unduly hampered by reason of the provisions of sub-\nclause (1) of this clause.\n25. Cartage units\nAny cartage unit used by the Corporation or its contractors\nin the Forest Area for the transport of pulpwood shall be—\n(a) of a type and capacity approved by the Commission\nor a forest officer; and\n(b) maintained in a condition satisfactory to the\nCommission or a forest officer.\n26. Determination of quantity of pulpwood\n(1) The Corporation shall throughout the currency of this\nagreement provide at its works at Eildon and maintain in\naccurate working order a weighbridge of a type approved by\nthe Commission.\n(2) At all times while the said weighbridge is in accurate\nworking order the number of tons of pulpwood upon which\nroyalty is payable under this agreement shall be determined\nby weighing the pulpwood on the said weighbridge.\n(3) At all times while the said weighbridge is not in accurate\nworking order the number of tons of pulpwood upon which\nroyalty is payable under this agreement shall be determined\nin such manner as may be agreed upon between the\nCommission and the Corporation or failing agreement in\nsuch manner as the Commission may direct.\n(4) The Corporation shall at all times during the currency of this\nagreement allow any person authorized by the Commission\nin writing either generally or in any particular case to enter\nany building or land of the Corporation at Eildon—\n(a) to supervise the weighing of pulpwood on the said\nweighbridge;\n(b) to examine and test the condition working order and\naccuracy of the said weighbridge; and\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n17\n(c) to ascertain whether the provisions of this agreement\nand the Act and regulations made thereunder are\nbeing observed by the Corporation.\n27. Corporation to keep records, &c., and to make returns\n(1) The Corporation shall keep books records maps and plans\nrecording the operations of the Corporation in connexion\nwith the industry and showing in respect of each year\nparticulars of—\n(a) the quantity of pulpwood obtained by it from the\nrespective areas within the Forest Area from which it\nobtains pulpwood in that year;\n(b) the quantities of pulpwood obtained from—\n(i) State forest other than the Forest Area; and\n(ii) any source other than State forest;\n(c) the quantities of pulpwood obtained from—\n(i) Eucalyptus regnans and Eucalyptus\ndelegatensis; and\n(ii) mixed species;\n(d) the quantities of pulpwood obtained as—\n(i) mill waste; and\n(ii) all other types;\n(e) such other particulars of a similar nature as may be\nprescribed by regulation under the Act.\n(2) The Corporation shall make such books records maps and\nplans available for inspection at all reasonable times by the\nCommission or an officer appointed by it for that purpose.\n(3) The Corporation shall furnish to the Commission returns in\nrespect of the matters mentioned in sub-clause (1) of this\nclause in such form and at such times as are prescribed from\ntime to time by regulation under the Act.\n(4) The Commission or any person appointed by it shall be\nentitled to require from the officers of the Corporation such\ninformation and explanations as are necessary for the\npurpose of testing and verifying the completeness and\naccuracy of such records and returns. The Commission and\nits officers shall keep strictly confidential any information\nobtained under this sub-clause.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n18\n28. Names and means of identification of foremen and others\nTo facilitate the forest operations of the Commission—\n(a) the Corporation shall inform the Commission in\nwriting from time to time of the names of the foremen\ncontractors and other persons who are in charge of or\nare directing the obtaining of pulpwood in the Forest\nArea for the Corporation;\n(b) the Corporation shall supply to each such person for\nproduction when required to a forest officer evidence\nin a form satisfactory to the Commission that he is\nemployed in the obtaining of pulpwood for the\nCorporation and the Corporation shall forthwith\ninform the Commission in writing whenever any such\nperson ceases to be so employed;\n(c) the Corporation shall include in every agreement by it\nwith a contractor for the obtaining of pulpwood from\nthe Forest Area a provision that the contractor will not\ndo or suffer to be done anything which would\nconstitute a breach of the regulations under the Act\nand the Forests Act 1928.\nDivision C—Suspension of Obligations and Conditions\n29. Suspension if forests damaged, &c.\nIf any of the forests in the Forest Area are damaged or\ndestroyed by fire disease or other cause to such an extent\nthat it is impracticable for the Commission to comply with\nthe provisions of clause 14 hereof or if by reason of\nanything beyond the control of the Commission it is\nprevented from complying with those provisions then so\nlong as that state of affairs continues—\n(a) the Corporation shall have no claim against the\nCommission for the non-fulfilment of its obligations\nunder clause 14 hereof so far as non-fulfilment is due\nto any such cause;\n(b) the Corporation's obligations under this Agreement\nshall be suspended.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n19\n30. Destruction of mill, &c.\nIf—\n(a) the Corporation's mills or any works used in the\nproduction of Masonite or the means of transport of\npulpwood are damaged or destroyed by fire or other\ncalamity to a sufficient extent to prevent the carrying\non of production at a rate of not less than 2000 tons a\nmonth of Masonite from pulpwood obtained under\nthis Agreement;\n(b) by reason of anything beyond the control of the\nCorporation it is prevented from establishing the\nindustry or obtaining pulpwood or carrying on\nproduction at a rate of not less than 2000 tons a month\nof Masonite from pulpwood obtained under this\nAgreement; 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 Corporation of its obligations\nunder this Agreement would affect it unfairly—\nthen in any of those events—\n(i) the Corporation may apply to the Commission for the\nsuspension or a reasonable modification of the extent\nor operation of any obligation binding on the\nCorporation under this Agreement or for an extension\nof time for the performance or observance thereof;\n(ii) the Commission upon any such application by the\nCorporation may grant a suspension of all or any of\nthe obligations binding upon the Corporation or a\nreasonable modification of their extent or operation or\nan extension of time for their performance or\nobservance;\n(iii) if the Corporation is dissatisfied with the decision of\nthe Commission upon any such application or if the\nCommission within two months after application by\nthe Corporation does not inform the Corporation of its\ndecision thereon the matter shall if the Corporation so\nelects be determined as provided in clause 32 hereof.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n20\nDivision D—Determination of Corporation's Rights\n31. Commission may determine rights in certain events\nIf the Corporation—\n(a) enters into liquidation (other than a voluntary\nliquidation for the purpose of reconstruction and\nassignment of rights under this Agreement); or\n(b) delays the commencement of commercial production\nbeyond the period of three years commencing on the\nfirst day of January next after the date of\ncommencement; or\n(c) abandons or repudiates this Agreement;\nthe Commission may thereupon determine this Agreement\nbut such determination shall not affect the enforcement of\nany right obligation or liability theretofore acquired accrued\nor incurred.\nDivision E—Supplemental\n32. Decision of matters to be agreed upon\nWherever in any clause of this Agreement it is provided that\nany matter shall be determined in accordance with this\nclause—\n(a) that matter shall be referred to two arbitrators one to\nbe appointed by the Corporation and one by the\nCommission;\n(b) the provisions of the Arbitration Act 1928 (in\nparticular the provision allowing arbitrators to appoint\nan umpire) shall apply to the reference as if it were a\nreference by consent under that Act;\n(c) the arbitrators so appointed and their umpire shall\nhave regard to all matters set out in the clause which\nprovides for determination of the matter under this\nclause and shall decide according to what is fair and\nreasonable having regard to the terms of this\nAgreement and the circumstances existing at the time\nof the reference.\n33. Determination by consent\nThis Agreement may be determined at any time by the\nconsent of the Commission and the Corporation and upon\nsuch terms as they may agree.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n21\n34. Amendment of Agreement in detail\nThe Commission and the Corporation may from time to time\namend this Agreement by such additions deletions and\nvariations of matters of detail as may be necessary or\ndesirable to facilitate the carrying on of the industry.\nIN WITNESS whereof the parties hereto have executed this Agreement the\nday and year first before written.\nSigned sealed and delivered by the said\nGORDON STEWART McARTHUR in\nthe presence of\nG. K. COCKBURN\n\n\n L.S.\nG. S. McARTHUR.\nThe common seal of FORESTS\nCOMMISSION was hereto affixed in\nthe presence of—\n\n\n L.S.\nA. O. LAWRENCE,\nCommissioner.\nC. M. EWART,\nCommissioner.\nThe common seal of MASONITE\nCORPORATION (AUSTRALIA) PTY.\nLIMITED was hereto affixed by\nauthority of the Directors in the presence\nof—\n\n\n\n\n\nL.S.\nE. S. WOLFENDEN, Director.\nW. J. SMITH, Director.\nCountersigned—\nJ. N. WALSH, Secretary.\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n22\nENDNOTES\n1. General Information\nThe Forests (Masonite Agreement) Act 1956 was assented to on\n13 November 1956 and came into operation on 29 November 1956:\nGovernment Gazette 28 November 1956 page 6525.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n23\n2. Table of Amendments\nThis Version incorporates amendments made to the Forests (Masonite\nAgreement) Act 1956 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 27.1) on 1.7.87: Government\nGazette 24.6.87 p. 1694\nCurrent State: This information relates only to the provision/s\namending the Forests (Masonite Agreement) Act\n1956\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6046/1956\nForests (Masonite Agreement) Act 1956\n24\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as incorporated here has been amended to alter administrative authorisations: s.4(2) was amended (Conservation, Forests and Lands Act 1987, s.103 Sch.4 item 27.1) to explicitly empower the Director‑General of Conservation, Forests and Lands and officers to carry out the Agreement and enter contracts for felling or removal of pulpwood. The core commercial terms in the Schedule remain the operative scope (supply, royalty, duration), but administrative decision‑making and delegation were updated by the 1987 amendment (see Table of Amendments and Act s.4(2))."},"complexity_factors":["Composite form: short principal Act with an extensive operative Schedule that contains detailed commercial and operational terms (Act + Schedule).","Interplay with other legislation: repeated cross-references to the Forests Act 1928 and later amendments, requiring interpretation alongside other statutes (Schedule, clauses 8, definitions).","Long-term contract structure: fifty‑year term with staged minimum supply obligations and ten‑year area reviews, creating multi-decade operational and inventory planning (Schedule, clauses 6, 17, 18).","Discretionary administrative powers vested in the Commission and Minister, including judgments about 'proper forest management' and 'reasonable' assistance to the Corporation (Schedule, clause 5; Act, s.4(2)).","Detailed commercial mechanics: royalty setting, initial fixed rate and later review/arbitration procedure with confidentiality and investigatory powers (Schedule, clauses 20–21, 32).","Operational compliance and monitoring duties on the company: weighbridge, record-keeping, returns, inspections and confidentiality obligations (Schedule, clauses 26–27).","Regulatory framework and sanctions: Governor in Council regulation-making power over cutting and transport, with criminal penalties for breaches and parliamentary tabling requirements (Act, s.5(1)–(3); s.5(2) penalties).","Transfer and assignment provisions with continued corporate liability: permits subsidiaries or assignees but keeps original corporation ultimately responsible (Schedule, clause 4).","Suspension, modification and termination paths that invoke fact‑sensitive inquiries and arbitration (Schedule, clauses 29–31), creating contingent legal complexity."],"plain_english_summary":"This Act gives legal force to a written agreement between the State (Minister and Forests Commission) and Masonite Corporation that grants the company exclusive rights to obtain specified pulpwood from a defined Forest Area, sets supply and royalty rules, operational conditions, record-keeping and dispute-resolution procedures, and runs for up to 50 years. It affects the Commission, the company (and any assignee/subsidiary), forest officers and other timber users by prescribing who pays, who decides, and what conduct is required to obtain and transport pulpwood."},"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 effect to the 1956 Agreement with Masonite Corporation. The only amendment noted (1987) was a technical update to reflect changed departmental names (Director-General of Conservation, Forests and Lands replacing earlier terminology). There has been no significant expansion of scope beyond the original tripartite commercial arrangement for pulpwood supply and Masonite manufacturing."},"complexity_factors":["Length is moderate (22 pages) but highly structured with a detailed Schedule containing 34 clauses","14 defined terms in the main Act, plus 17 additional defined terms in the Schedule's interpretation clause","Extensive cross-referencing between the Act and the Schedule (the Agreement), including clauses that refer to other clauses within the Agreement (e.g., 'in accordance with clause 32')","Nested conditional logic in supply obligations (e.g., clause 18: 'take 90% OR pay royalty on 90%', subject to clauses 29 and 30)","Multiple suspension and termination triggers (clauses 29-31) with different consequences depending on cause (fire, disease, commercial impracticability, liquidation)","Arbitration mechanism (clause 32) incorporated by reference to the Arbitration Act 1928 for resolving disputes","Temporal complexity: Different royalty rates, supply minimums, and review periods apply at different stages (first 12 years vs. thereafter, 10-year review cycles for Forest Area)","Dual enforcement structure: Some powers given to Minister, others to Director-General of Conservation, Forests and Lands, others to Forests Commission"],"plain_english_summary":"This is a 1956 Victorian law that rubber-stamps a commercial deal between the state government and Masonite Corporation (Australia) Pty Ltd—a company that wanted to build a factory in Victoria to turn pulpwood into Masonite (a type of hardboard used in building and furniture).\n\n**What it does:**\n- **Ratifies a contract** between the Minister for Forests, the Forests Commission, and Masonite Corporation, making the deal legally binding and enforceable.\n- **Gives Masonite special rights** to harvest pulpwood from a specific area of state forest (the \"Forest Area\" near Eildon) for 50 years, without needing the usual permits or licences that other loggers require.\n- **Locks in supply obligations**: The Forests Commission must supply Masonite with up to 120,000 tons of pulpwood per year (with minimum amounts starting from year four), and Masonite must take at least 90% of the minimum supply or pay royalties anyway.\n- **Fixes the price** at 1 shilling and 10 pence per ton for the first 12 years, with reviews possible after that.\n- **Allows regulations** to control how logging happens, with fines or jail time for breaches.\n\n**Who it affects:**\n- **Masonite Corporation**: Gets guaranteed raw material supply and special logging rights.\n- **The Forests Commission**: Must manage the forest to supply Masonite while balancing other public needs.\n- **Other forest users**: Their existing rights are protected, but Masonite gets priority access to the designated Forest Area.\n- **The public**: The Commission can still sell forest produce to meet \"reasonable requirements\" of the general public, but Masonite's commercial needs are given significant weight.\n\n**Why it matters:**\nThis is a classic example of mid-20th century \"state development\" legislation—where Parliament passed specific laws to attract industrial investment by guaranteeing private companies access to public natural resources. It effectively privatised access to a chunk of Victoria's forests for half a century, embedding Masonite's commercial interests into statute law. The agreement shows how governments used to strike long-term, binding deals with individual companies, locking in resource rights that would be politically contentious today."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained as originally made — a narrow, single-purpose piece of legislation authorising one specific commercial agreement. There is no evidence from the version history of amendments that broadened or narrowed its scope. Its purpose was always tightly confined to the Masonite forestry supply agreement."},"complexity_factors":["The Act is a short enabling piece of legislation that simply authorises and gives legal force to an underlying agreement — the real complexity lies in that agreement itself, which is not fully reproduced here.","The historical and commercial context (mid-century forest resource agreements) requires background knowledge to fully understand.","Limited version history and legislative information provided makes it difficult to assess whether amendments have altered its scope or obligations.","The ongoing legal status ('Act in force') despite the likely lapse of the original commercial arrangement creates ambiguity about what, if any, live obligations remain."],"plain_english_summary":"The Forests (Masonite Agreement) Act 1956 legally ratifies a specific commercial deal letting Masonite obtain timber from Victorian forests for its hardboard manufacturing. It secured resource access for the company and enforceable commitments from government, affecting Masonite’s operations, timber industry participants and forest managers at the time. Today the Act has little practical effect but remains on the statute books as an example of post‑war industrial policy that used law to lock in private investment."}},"importantCases":[],"_links":{"self":"/api/acts/forests-masonite-agreement-act-1956","history":"/api/acts/forests-masonite-agreement-act-1956/history","analysis":"/api/acts/forests-masonite-agreement-act-1956/analysis","conflicts":"/api/acts/forests-masonite-agreement-act-1956/conflicts","importantCases":"/api/acts/forests-masonite-agreement-act-1956/important-cases","documents":"/api/acts/forests-masonite-agreement-act-1956/documents"}}