{"id":"C2004A00965","name":"Regional Forest Agreements Act 2002","slug":"regional-forest-agreements-act-2002","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"30 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24967,"registerId":"commonwealth-C2004A00965-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Regional Forest Agreements Act 2002.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

5 April 2002

2. Sections 3 to 12

A single day to be fixed by Proclamation, subject to subsection (3)

3 May 2002 (see Gazette 2002, No. S133)

3. Schedule 1

At the same time as the provisions covered by item 2 of this table

3 May 2002

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"#### 3 Objects\n\n The main objects of this Act are as follows:\n (a) to give effect to certain obligations of the Commonwealth under Regional Forest Agreements;\n (b) to give effect to certain aspects of the National Forest Policy Statement;\n (c) to provide for the existence of the Forest and Wood Products Council.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> comprehensive, adequate and representative reserve system, in relation to an RFA, has the same meaning as in the RFA.\n\n> forest and wood products industry means:\n\n (a) the forest products industry; and\n (b) the wood products industry.\n\n> National Forest Policy Statement means the National Forest Policy Statement signed on behalf of the Commonwealth and each of the States (other than Tasmania) in December 1992, and on behalf of Tasmania in April 1995.\n\n> plantation means an intensively managed stand of trees of either native or exotic species that is created by the regular placement of seedlings or seed.\n\n> RFA or Regional Forest Agreement means an agreement that is in force between the Commonwealth and a State in respect of a region or regions, being an agreement that satisfies all the following conditions:\n\n (a) the agreement was entered into having regard to assessments of the following matters that are relevant to the region or regions:\n (i) environmental values, including old growth, wilderness, endangered species, national estate values and world heritage values;\n (ii) indigenous heritage values;\n (iii) economic values of forested areas and forest industries;\n (iv) social values (including community needs);\n (v) principles of ecologically sustainable management;\n (b) the agreement provides for a comprehensive, adequate and representative reserve system;\n (c) the agreement provides for the ecologically sustainable management and use of forested areas in the region or regions;\n (d) the agreement is expressed to be for the purpose of providing long‑term stability of forests and forest industries;\n (e) the agreement is expressed to be a Regional Forest Agreement.\n\n> RFA forestry operations means:\n\n (a) forestry operations (as defined by an RFA as in force on 1 September 2001 between the Commonwealth and New South Wales) that are conducted in relation to land in a region covered by the RFA (being land where those operations are not prohibited by the RFA); or\n (b) forestry operations (as defined by an RFA as in force on 1 September 2001 between the Commonwealth and Victoria) that are conducted in relation to land in a region covered by the RFA (being land where those operations are not prohibited by the RFA); or\n (c) harvesting and regeneration operations (as defined by an RFA as in force on 1 September 2001 between the Commonwealth and Western Australia) that are conducted in relation to land in a region covered by the RFA (being land where those operations are not prohibited by the RFA); or\n (d) forestry operations (as defined by an RFA as in force on 1 September 2001 between the Commonwealth and Tasmania) that are conducted in relation to land in a region covered by the RFA (being land where those operations are not prohibited by the RFA).\n For the purposes of paragraph (b), the East Gippsland RFA (as in force on 1 September 2001) is taken to include a definition of forestry operations that is identical to the definition of forestry operations in the Central Highlands RFA (as in force on 1 September 2001).\n\n> RFA wood means processed or unprocessed wood (including woodchips) sourced from a region covered by an RFA, but does not include wood sourced from a plantation in a State unless:\n\n (a) a code of practice for that State has been approved under rules made under section 432 of the Export Control Act 2020; and\n (b) that approval has not been revoked under those rules.\n\n> State includes the Australian Capital Territory and the Northern Territory.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Act binds the Crown","content":"#### 5 Act binds the Crown\n\n This Act binds the Crown in right of the Commonwealth.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Certain Commonwealth Acts not to apply in relation to RFA wood or RFA forestry operations","content":"#### 6 Certain Commonwealth Acts not to apply in relation to RFA wood or RFA forestry operations\n\n (1) RFA wood is not prescribed goods for the purposes of the Export Control Act 2020.\n\n> Note: The Export Control Act 2020 regulates the export of “prescribed goods”.\n\n (2) An export control law does not apply to RFA wood unless it expressly refers to RFA wood. For this purpose, export control law means a provision of a law of the Commonwealth (other than the Export Control Act 2020) that prohibits or restricts exports, or has the effect of prohibiting or restricting exports.\n (4) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to an RFA forestry operation that is undertaken in accordance with an RFA.\n\n> Note: This subsection does not apply to some RFA forestry operations. See section 42 of the Environment Protection and Biodiversity Conservation Act 1999.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Termination of RFA by Commonwealth","content":"#### 7 Termination of RFA by Commonwealth\n\n The termination of an RFA by the Commonwealth is of no effect unless it is done in accordance with the termination provisions of the RFA, being those provisions as in force:\n (a) at the time of commencement of this section; or\n (b) at the time the RFA comes into force;\n whichever is later.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Compensation for breach of RFA by Commonwealth","content":"#### 8 Compensation for breach of RFA by Commonwealth\n\n (1) The Commonwealth is liable to pay any compensation that:\n (a) is in relation to reasonable loss or damage arising from the curtailment of legally exercisable rights; and\n (b) is calculated as at the time of the curtailment; and\n (c) the Commonwealth is required to pay to a State in accordance with the compensation provisions of an RFA, being those provisions as in force:\n (i) at the time of commencement of this section; or\n (ii) at the time the RFA comes into force;\n whichever is later.\n (2) The Commonwealth’s liability incurred under subsection (1) while an RFA is in force continues even though the RFA may subsequently have expired or been terminated.\n (3) Compensation that the Commonwealth is liable to pay under this section:\n (a) may be recovered as a debt in a court of competent jurisdiction; and\n (b) is payable out of money appropriated by the Parliament.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Publication of information about RFAs","content":"#### 9 Publication of information about RFAs\n\n (1) As soon as practicable after an RFA is entered into, the Minister must publish a notice in the Gazette:\n (a) stating that the RFA has been entered into; and\n (b) giving details of the region and the date when the RFA comes into force or came into force.\n (2) As soon as practicable after an RFA ceases to be in force, the Minister must publish a notice in the Gazette:\n (a) stating that the RFA has ceased to be in force; and\n (b) giving details of the region and the date when the RFA ceased to be in force.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Tabling of RFAs etc.","content":"#### 10 Tabling of RFAs etc.\n\n RFAs\n (1) The Minister must cause a copy of an RFA to be tabled in each House of the Parliament within 15 sitting days of that House after:\n (a) the commencement of this section; or\n (b) the RFA is entered into;\n whichever is later.\n (2) Subsection (1) does not require an RFA to be tabled in a House of the Parliament if the RFA was tabled in that House before the commencement of this section.\n Amendments of RFAs\n (3) The Minister must cause a copy of an amendment of an RFA to be tabled in each House of the Parliament within 15 sitting days of that House after:\n (a) the commencement of this section; or\n (b) the amendment is made;\n whichever is later.\n RFA annual reports\n (4) The Minister must cause a copy of an RFA annual report to be tabled in each House of the Parliament within 15 sitting days of that House after:\n (a) the commencement of this section; or\n (b) the report is provided to the Minister;\n whichever is later.\n (5) Subsection (4) does not require an RFA annual report to be tabled in a House of the Parliament if the report was tabled in that House before the commencement of this section.\n RFA review reports\n (6) The Minister must cause a copy of an RFA review report to be tabled in each House of the Parliament within 15 sitting days of that House after:\n (a) the commencement of this section; or\n (b) the report is provided to the Minister;\n whichever is later.\n Definitions\n (7) In this section:\n\n> RFA annual report means an annual report about the achievement of milestones under an RFA during one of the first 5 years of operation of the RFA.\n\n> RFA review report means a report of the 5 yearly review of the performance of an RFA.","sortOrder":9},{"sectionNumber":"10A","sectionType":"section","heading":"Source of forestry information","content":"#### 10A Source of forestry information\n\n (1) The Minister must cause to be established a comprehensive and publicly available source of information:\n (a) for national and regional monitoring and reporting in relation to all of Australia’s forests; and\n (b) to support decision‑making in relation to all of Australia’s forests.\n (2) To avoid doubt, subsection (1) does not, by implication, limit the sources of information that may be used for a purpose mentioned in paragraph (1)(a) or (b).","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Forest and Wood Products Council","content":"#### 11 Forest and Wood Products Council\n\n (1) The Minister must take all reasonable steps to ensure that, at all times, there is in existence a committee that is:\n (a) known as the Forest and Wood Products Council; and\n (b) established under the executive power of the Commonwealth.\n Objects\n (2) The main objects of subsection (1) are as follows:\n (a) the provision of a forum by which the Minister and stakeholders in the forest and wood products industry may:\n (i) consult together; and\n (ii) exchange advice and information;\n (b) the promotion of co‑operation between different sectors of the forest and wood products industry.\n Functions\n (3) The Minister must take all reasonable steps to ensure that the functions of the Council include the following:\n (a) to act as a means of liaison between the Minister and stakeholders in the forest and wood products industry, and between different sectors of that industry, in matters relating to that industry;\n (b) to facilitate co‑operation between different sectors of the forest and wood products industry;\n (e) to do anything else conducive to the achievement of the objects mentioned in subsection (2).\n (4) The Council may perform its functions only to the extent that they are not in excess of the functions that may be conferred on the Council by virtue of any of the legislative powers of the Parliament and, in particular, may perform its functions:\n (a) in relation to matters arising in the course of, or that concern:\n (i) trade or commerce with other countries, or among the States; or\n (ii) the activities of a corporation to which paragraph 51(xx) of the Constitution applies; or\n (b) for purposes in relation to any or all of the Territories.\n Meetings\n (5) The Minister:\n (a) may convene a meeting of the Council at any time; and\n (b) must convene a meeting of the Council on receipt of a written request from a majority of members of the Council.\n (6) The Minister must ensure that the Council meets at least twice in every calendar year.","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act has remained focused on its original purpose of implementing and supporting Regional Forest Agreements. Provisions such as the Forest and Wood Products Council and the public information source were part of the original objects and have not significantly expanded the scope."},"complexity_factors":["Multiple defined terms with cross-references to other Acts (e.g., EPBC Act, Export Control Act)","Definition of 'RFA forestry operations' is state-specific and tied to a fixed date (1 September 2001)","Definition of 'RFA wood' includes conditions related to a code of practice under the Export Control Act","The definition of 'RFA' itself contains several conditions that must be satisfied","Section 6 contains exceptions and notes referencing other legislation"],"plain_english_summary":"This Act gives legal force to Regional Forest Agreements (RFAs) between the Commonwealth and State governments. RFAs are long-term plans that balance environmental protection, indigenous heritage, economic use of forests, and community needs. The Act exempts wood and forestry operations covered by an RFA from certain federal export controls (like the Export Control Act) and from environmental assessments under the Environment Protection and Biodiversity Conservation Act (EPBC Act) if the operations comply with the RFA. It also requires the Minister to publish and table RFAs, annual reports, and review reports in Parliament, and to establish a public source of forest information. Additionally, the Act obliges the Minister to maintain a Forest and Wood Products Council for consultation with industry stakeholders. If the Commonwealth breaches an RFA, it must compensate the state for any losses resulting from curtailed rights."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to remain consistent with its stated objects: giving effect to Commonwealth obligations under RFAs, implementing aspects of the National Forest Policy Statement, and establishing the Forest and Wood Products Council. There is no evident scope creep beyond those stated purposes, though the EPBC Act exemption is a powerful and deliberately included mechanism rather than an unintended expansion."},"complexity_factors":["Interaction with multiple other major Commonwealth statutes (EPBC Act, Export Control Act 2020), requiring cross-reading to understand full effect","The EPBC Act exemption (s.6(4)) is qualified by s.42 of the EPBC Act, meaning the exemption does not apply in all circumstances — requiring readers to consult external legislation","Definition of 'RFA forestry operations' is highly technical and state-specific, with separate definitions frozen at a particular date (1 September 2001) and a special deeming provision for the East Gippsland RFA","Definition of 'RFA wood' includes a conditional carve-out for plantation timber that depends on approvals under rules made under another Act","Compensation provisions involve legal concepts (curtailment of legally exercisable rights, debts recoverable in court, parliamentary appropriation) that are non-trivial for lay readers","Constitutional limitations on the Forest and Wood Products Council's functions (s.11(4)) reference specific heads of Commonwealth legislative power under the Constitution","Staggered commencement provisions add minor structural complexity"],"plain_english_summary":"## Regional Forest Agreements Act 2002 — What You Need to Know\n\nThis Act is the legal backbone for **Regional Forest Agreements (RFAs)** — deals struck between the Australian Commonwealth (federal) government and individual State governments that govern how forests are managed, protected, and used for timber and other industries.\n\n### What does it actually do?\n\n**1. Shields forestry operations from certain federal laws**\nThis is the big one. If forestry operations are carried out *in accordance with* an RFA, they are **exempt from** key federal environmental laws — specifically Part 3 of the *Environment Protection and Biodiversity Conservation Act 1999* (the EPBC Act, Australia's main national environmental protection law). In plain terms: logging and timber operations compliant with an RFA don't need separate federal environmental approval. Similarly, timber (called \"RFA wood\") sourced from RFA regions is exempt from federal export controls.\n\n**2. Locks in the terms of RFAs**\nThe Commonwealth cannot simply walk away from an RFA. Any termination must follow the RFA's own rules. If the Commonwealth breaches an RFA and causes financial loss to a State (by cutting short legally exercisable rights), the Commonwealth **must pay compensation** — and that obligation survives even if the RFA later expires.\n\n**3. Requires transparency and public accountability**\nThe Minister must publish notices in the official government gazette when RFAs are made or end, and must table copies of RFAs, amendments, annual reports, and five-yearly review reports in Parliament.\n\n**4. Establishes a forest industry advisory body**\nThe Act requires the Minister to maintain a **Forest and Wood Products Council** — a committee bringing together government and industry stakeholders to share information, consult, and promote cooperation across the timber industry.\n\n**5. Requires a public forest information system**\nThe Minister must ensure there is a publicly available, comprehensive source of information for monitoring and decision-making about Australia's forests.\n\n### Who does this affect?\n- **Timber and forestry companies**: They get certainty — if they operate under an RFA, they don't face dual federal/state environmental approval hurdles.\n- **Environmentalists and conservation groups**: Federal environmental law (the EPBC Act) is effectively sidelined for RFA-compliant forestry, which has been a major point of controversy.\n- **State governments**: They gain long-term certainty for forest industries in their states, but the Commonwealth's obligations (including compensation) are legally enforceable.\n- **General public**: There are transparency requirements (tabling in Parliament, public information systems) designed to keep the public informed about how Australia's forests are being managed.\n\n### Why does it matter?\nThis Act sits at the heart of one of Australia's most contested policy areas: the balance between **protecting native forests** and **supporting the timber industry**. By giving RFA-compliant forestry a pass from the main federal environmental law, it has been criticised by conservation groups as weakening environmental protections, while the industry argues it provides the long-term stability needed for investment and jobs."},"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":11,"completionTokens":3908},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains centred on its original purpose of giving legal effect to Regional Forest Agreements, exempting RFA wood and forestry operations from specified Commonwealth export and environmental laws, and providing for the Forest and Wood Products Council. Updated statutory references and the addition of public forestry information obligations do not materially expand the scope beyond the original RFA and forest policy framework."},"complexity_factors":["Definition of 'RFA forestry operations' imports state-specific definitions from four separate agreements frozen as at 1 September 2001, including a special deeming rule for the East Gippsland RFA","Definition of 'RFA wood' contains a conditional exclusion for plantation wood tied to approval of a code of practice under the Export Control Act 2020","Multiple cross-references to external Commonwealth statutes including the Export Control Act 2020 and the Environment Protection and Biodiversity Conservation Act 1999","Time-locked 'whichever is later' clauses governing termination and compensation liabilities in sections 7 and 8","Constitutional limitation on the Forest and Wood Products Council's functions in section 11(4), restricting its operation to corporations power and territories power heads of power"],"plain_english_summary":"This Act gives legal force to **Regional Forest Agreements (RFAs)** — long-term deals between the Australian Government and the States about how native forests are logged, managed, and conserved.\n\n**What it does**\n\n- **Removes export red tape for RFA wood**: Wood (including woodchips) from RFA regions is not treated as “prescribed goods” under the *Export Control Act 2020*, so it generally does not need federal export permits. Other Commonwealth export restrictions also do not apply unless they explicitly name RFA wood.\n- **Shields RFA logging from federal environment assessments**: Forestry operations carried out under an RFA are exempt from the usual federal environmental approval process under the *Environment Protection and Biodiversity Conservation Act 1999* (Australia’s main national environment law), though some exceptions still apply.\n- **Binds the Commonwealth to the deal**: The federal government can only terminate an RFA by following the termination clauses written into the agreement itself. If the Commonwealth breaches the agreement and interferes with legal rights, it must pay compensation to the State. That compensation debt remains payable even if the agreement has since expired or been terminated.\n- **Requires transparency**: The Minister must publish notices when an RFA starts or ends, and table copies of agreements, amendments, annual reports, and 5-yearly review reports in Parliament.\n- **Maintains public forestry information**: The Minister must keep a comprehensive, publicly available database of information about Australia’s forests to support national monitoring and decision-making.\n- **Forest and Wood Products Council**: The Act requires the Minister to maintain a stakeholder committee to advise on industry matters and encourage co-operation across the forest and wood products sector.\n\n**Who it affects and why it matters**\n\nThe Act mainly affects **State governments**, **native forest logging businesses**, and **wood exporters** in RFA regions (parts of New South Wales, Victoria, Tasmania, and Western Australia). By exempting RFA-covered wood and forestry operations from key Commonwealth export controls and environmental assessments, the Act provides long-term regulatory certainty for the industry, while also imposing transparency obligations and a forum for stakeholder consultation."}},"importantCases":[],"_links":{"self":"/api/acts/regional-forest-agreements-act-2002","history":"/api/acts/regional-forest-agreements-act-2002/history","analysis":"/api/acts/regional-forest-agreements-act-2002/analysis","conflicts":"/api/acts/regional-forest-agreements-act-2002/conflicts","importantCases":"/api/acts/regional-forest-agreements-act-2002/important-cases","documents":"/api/acts/regional-forest-agreements-act-2002/documents"}}