{"id":"nsw:act-1997-139","name":"Visy Mill Facilitation Act 1997","slug":"visy-mill-facilitation-act-1997","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"139 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105439,"registerId":"nsw-act-1997-139-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Visy Mill Facilitation Act 1997](/view/html/inforce/current/act-1997-139).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In this Act:\n> > \n> > Agreement means the timber supply agreement or proposed timber supply agreement between the Commission and the Company relating to the supply of timber to the Company in connection with a kraft pulp and paper mill at or near Tumut, and includes any agreement amending or replacing that agreement.\n> > \n> > Commission means the Forestry Commission of New South Wales, which trades as State Forests.\n> > \n> > Company means Visy Industries Holdings Pty Limited (ACN 005 787 968), and includes any successors to or assignees of that company.\n> > \n> > designated activities means any activities or proposed activities to which the Agreement relates or that are declared to be designated activities in an order under subsection (2).\n> > \n> > external event means an event, act, omission or state of affairs that occurs outside the control of the Commission, and includes any decision, direction or other act of the State or of an agency of the State (other than the Commission), and also includes the enactment of an Act or the making of a statutory rule under an Act.\n> > \n> > State includes the Crown in right of New South Wales and the Government of New South Wales.\n> \n> > (2) The Minister may, by order published in the Gazette, declare any activities (or proposed activities) connected with the Agreement, or with the kraft pulp and paper mill (or the proposed kraft pulp and paper mill) to which the Agreement relates, to be designated activities for the purposes of this Act.\n> \n> > (3) The Forestry Corporation constituted under the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) is taken to be an agency of the State for the purposes of this Act.\n> \n> **s 3:** Am 2012 No 96, Sch 4.49.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Purpose of Act","content":"#### 4 Purpose of Act\n\n4 Purpose of Act\n\n> > (1) The principal purpose of this Act is facilitate the establishment and operation of a kraft pulp and paper mill in southern New South Wales by the Company.\n> \n> > (2) It is the intention of Parliament that the State and its agencies will act to promote the principal purpose of this Act, and in particular will use their best endeavours:\n> > \n> > > (a) to assist the Company and any other persons to obtain any approvals that are necessary for or relevant to any of the designated activities, and\n> > \n> > > (b) to ensure that, within the applicable legislative structures, any such approvals will be granted.\n> \n> > (3) In this section:\n> > \n> > approval means a consent, licence, permit, permission or any form of authorisation.\n> > \n> > grant an approval includes give or issue an approval.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"#### 5 Act to bind Crown\n\n5 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Agreement","content":"# Part 2 The Agreement\n\nPart 2 The Agreement","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Term of timber licences","content":"#### 6 Term of timber licences\n\n6 Term of timber licences\n\n> > (1) The Agreement may be entered into by the Commission despite anything in section 27A (2) of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055).\n> \n> > (2) The Agreement may provide that section 27A (2) of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) does not apply to any timber licences issued or to be issued to the Company. Such a provision has effect according to its tenor.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Amendment of Agreement","content":"#### 7 Amendment of Agreement\n\n7 Amendment of Agreement\n\n> > (1) The Agreement may be amended only by agreement between the Commission, with the approval of the Minister, and the Company.\n> \n> > (2) If the Commission is dissolved, or functions of the Commission are transferred or devolve as referred to in section 11, the reference in subsection (1) of this section to the Commission is to be read as a reference to:\n> > \n> > > (a) an agency of the State specified by the Minister by order published in the Gazette, or\n> > \n> > > (b) (with the consent of the Company) another body or person so specified.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Certain events not to cause or permit termination of Agreement","content":"#### 8 Certain events not to cause or permit termination of Agreement\n\n8 Certain events not to cause or permit termination of Agreement\n\n> > (1) The Agreement may contain provisions to the effect that it is neither terminated by, nor terminable by reference to, external events specified or described in the Agreement. Such a provision has effect according to its tenor.\n> \n> > (2) The Agreement may (but need not) limit the operation of such a provision.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Guarantees and undertakings","content":"# Part 3 Guarantees and undertakings\n\nPart 3 Guarantees and undertakings","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Guarantees","content":"#### 9 Guarantees\n\n9 Guarantees\n\n> > (1) The State may guarantee the due performance by the Commission of any obligations or liabilities incurred by the Commission under the Agreement.\n> \n> > (2) The form of such a guarantee (including its terms and conditions) is to be as determined by the Treasurer.\n> \n> > (3) The State may, in relation to any matters arising under or in connection with the Agreement, agree to make a payment to the Company pursuant to such a guarantee even though the Commission may be precluded by the law of New South Wales from making such a payment.\n> \n> > (4) The Treasurer may act on behalf of the State for the purposes of giving a guarantee under this section or entering into an agreement under this section. The Treasurer (or a person appointed by the Treasurer) may execute any relevant document relating to the guarantee or agreement.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Undertakings","content":"#### 10 Undertakings\n\n10 Undertakings\n\n> > (1) The State may undertake to reimburse the Commission, in circumstances specified or described in the undertaking, for present or future liabilities incurred by the Commission to the Company under the Agreement and arising from external events. Such a liability may relate to increases in costs or to any other matters.\n> \n> > (2) The form of such an undertaking (including its terms and conditions) is to be as determined by the Treasurer.\n> \n> > (3) The State may enter into agreements in connection with such an undertaking, and may, in relation to any matters arising under or in connection with the Agreement, agree to make a payment pursuant to such an undertaking even though the Commission has acted in accordance with law or has been constrained or otherwise affected by the operation of law.\n> \n> > (4) The Treasurer may act on behalf of the State for the purposes of giving an undertaking under this section or entering into an agreement under this section. The Treasurer (or a person appointed by the Treasurer) may execute any relevant document relating to the undertaking or agreement.\n> \n> > (5) Nothing in this section prevents the State from giving undertakings, or entering into agreements, in relation to other matters.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Provisions applying if Commission is dissolved or its functions are transferred","content":"#### 11 Provisions applying if Commission is dissolved or its functions are transferred\n\n11 Provisions applying if Commission is dissolved or its functions are transferred\n\n> > (1) If the Commission is dissolved, the obligations and liabilities of the Commission under the Agreement, including obligations and liabilities relating to the supply of timber to the Company, become the obligations and liabilities of:\n> > \n> > > (a) the State or an agency of the State specified by the Minister by order published in the Gazette, or\n> > \n> > > (b) (with the consent of the Company) another body or person so specified.\n> \n> > (2) If any of the functions of the Commission affecting the obligations and liabilities of the Commission under the Agreement, including obligations and liabilities relating to the supply of timber to the Company, are transferred to or devolve on another body or person, those obligations and liabilities become the obligations and liabilities of:\n> > \n> > > (a) the State or an agency of the State specified by the Minister by order published in the Gazette, or\n> > \n> > > (b) (with the consent of the Company) another body or person so specified.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Legal rights not affected","content":"#### 12 Legal rights not affected\n\n12 Legal rights not affected\n\n> Nothing in section 4:\n> \n> > (a) gives rise to any right or obligation enforceable in a court of law or administrative review body, or\n> \n> > (b) can be taken into account in any civil proceedings (including, without limitation, administrative review proceedings).","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Consent authority","content":"#### 13 Consent authority\n\n13 Consent authority\n\n> > (1) Despite anything in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or an environmental planning instrument under that Act, the Minister is the consent authority for development (as defined in that Act) connected with any of the designated activities.\n> \n> > (2) Subsection (1) ceases to have effect on a day to be appointed by the Minister by order published in the Gazette.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Application of amending Act","content":"#### 14 Application of amending Act\n\n14 Application of amending Act\n\n> > (1) In this section:\n> > \n> > amending Act means the Act, if enacted, resulting from the [Environmental Planning and Assessment Amendment Bill 1997](/view/html/bill/e08f6519-76e4-40c0-a5c2-51d0eb448fe4) introduced into the Legislative Assembly on 15 October 1997, and includes any amendments made to that Bill before enactment, and also includes any amendments made to that Act after enactment.\n> \n> > (2) The regulations may declare that any specified uncommenced provisions of the amending Act apply to and in respect of any of the designated activities.\n> \n> > (3) The provisions apply accordingly, and so apply with any necessary adaptations and with any adaptations specified in the regulations.\n> \n> > (4) Subsections (1)–(3) cease to have effect on a day to be appointed by the Minister by order published in the Gazette.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15 (Repealed)","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"#### 16 Regulations\n\n16 Regulations\n\n> > (1) The Governor may make regulations for the purposes of section 14 and regulations that contain provisions of a savings or transitional nature consequent on the making of an order under this Act.\n> \n> > (2) Any such savings or transitional provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.\n> \n> > (3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Review of Act","content":"#### 17 Review of Act\n\n17 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":21},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 2002 No 53, Sch 3.","sortOrder":22}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient legislative text is provided to determine whether the scope changed from its original intent. However, the existence of at least two sets of amendments (in 2002 and 2013) suggests the Act has been modified over time. The 2013 amendment aligns with broader NSW legislative reforms. Without the operative provisions, no definitive scope change assessment can be made."},"complexity_factors":["Limited text provided — only metadata and navigation elements are available, not the actual legislative provisions","Project-specific facilitation acts can involve cross-references to multiple other Acts (planning, environment, local government) which adds complexity","Three distinct versions over time (1997, 2002, 2013) suggest amendments that may have changed its operation","Interaction with broader NSW planning and environmental law frameworks is implied but unclear without full text","Responsibility falling under the Minister for Agriculture (rather than Planning or Industry) suggests potentially unusual administrative arrangements"],"plain_english_summary":"The Visy Mill Facilitation Act 1997 (NSW) is a project‑specific law that fast‑tracks and eases regulatory barriers to establish a Visy paper/cardboard mill in NSW. It effectively streamlines approvals and can alter normal planning or environmental decision‑making, directly benefiting Visy while affecting nearby communities, competitors, and government agencies. Its significance lies in Parliament intervening to favor one private project over standard regulatory processes; it remains current law as of 2026."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating Visy's pulp and paper mill near Tumut. The only amendments since 1997 have been technical updates—specifically, a 2012 amendment to recognise the Forestry Corporation replacing the Forestry Commission, and a 2002 repeal of spent transitional provisions in Schedule 1. The scope has not expanded beyond the original Visy deal."},"complexity_factors":["Short length (17 sections plus repealed schedule)","Only 6 defined terms in the interpretation section, though 'external event' is broadly defined","Simple structure with clear Parts (Preliminary, The Agreement, Guarantees, Miscellaneous)","Some conditional logic in sections 11 and 14 regarding transfer of functions and application of future laws","Cross-references to Forestry Act 1916, Forestry Act 2012, and Environmental Planning and Assessment Act 1979","Notable simplicity in section 12 which explicitly strips away legal rights (unusual but clearly drafted)","Amendment history shows minor updates (2012 agency name change, 2002 repeal of spent provisions) but core structure unchanged"],"plain_english_summary":"This law is a special deal for a specific paper company. Here's what it does:\n\n**The big picture:**\nThe NSW Government passed this law in 1997 to help Visy Industries build and run a large pulp and paper mill near Tumut in southern NSW. It gives Visy special legal protections and guarantees that ordinary businesses don't get.\n\n**What it actually does:**\n\n*   **Overrules normal forestry laws:** Normally, timber licences in NSW have time limits (section 27A of the Forestry Act 1916). This law lets Visy get timber supply agreements that ignore those time limits, potentially giving them access to timber for much longer than usual.\n\n*   **Protects Visy from government changes:** The law says that if the government changes its mind, passes new environmental laws, or reorganises the forestry department, Visy can still hold the government to its timber deal. These \"external events\" can't be used to cancel the agreement.\n\n*   **Puts taxpayers on the hook:** The State can guarantee Visy's timber supply deal and promise to pay Visy money if government actions (like new environmental regulations) increase Visy's costs. The Treasurer can sign these cheques even if it would normally be illegal for the forestry agency to pay.\n\n*   **Fast-tracks approvals:** The Minister becomes the sole approval authority for the mill's development, bypassing normal planning processes under environmental laws. The Minister can also apply future environmental law changes to the project early, or exempt it from them.\n\n*   **Makes the deal immortal:** If the Forestry Commission is abolished or its functions moved elsewhere, the timber obligations automatically transfer to the State or another government body—Visy doesn't lose its supply guarantee.\n\n**Who it affects:**\n\n*   **Visy Industries:** Gets extraordinary legal protections and potential taxpayer subsidies.\n*   **NSW taxpayers:** Potentially liable for guarantees and compensation payments if government policy changes affect the mill.\n*   **Local communities and environment:** Normal planning and environmental safeguards are sidelined; the Minister controls approvals.\n\n**Why it matters:**\nThis is an example of \"contractual statutory override\"—where a government passes special legislation to override its own general laws to benefit one specific private company. It raises questions about competitive neutrality (why does Visy get deals that other mills don't?) and fiscal risk (how much could taxpayers end up paying?). The law was supposed to be reviewed after 5 years, but the special protections for Visy remain embedded in NSW law."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's core scope—facilitating establishment and operation of a Visy kraft pulp and paper mill and empowering State guarantees, ministerial approvals and transfer of obligations—remains the instrument's stated purpose (s 4). Subsequent technical amendments recorded in the text (for example, treating the Forestry Corporation as an agency for these purposes: see note to s 3, Am 2012 No 96, Sch 4.49, and repeal of Schedule 1: Rep 2002 No 53) did not alter the Act’s principal facilitation objective."},"complexity_factors":["Cross‑references to other legislation (Forestry Act 1916, Environmental Planning and Assessment Act 1979 and later amending Act): requires legal alignment across statutes (see ss 6, 13, 14).","Broad ministerial discretion to declare 'designated activities' and to make orders published in the Gazette (s 3(2)): executive determination of which activities fall under the Act.","Minister made consent authority for development connected with designated activities (s 13(1)), concentrating planning approvals in a single ministerial decision‑maker.","Treasurer discretion over form and terms of State guarantees and undertakings and power to execute documents or appoint an agent (ss 9(2),(4); 10(2),(4)): significant delegated financial authority.","State may guarantee Commission obligations and may pay under guarantees even if Commission is legally precluded from paying (s 9(1),(3)): potential fiscal exposure for the State.","State may undertake to reimburse the Commission for liabilities arising from 'external events' (s 10(1)); 'external event' is broadly defined to include State acts and legislation (s 3(1)).","Agreement can be drafted to prevent termination by external events (s 8), changing usual contract risk allocation and creating contingent State liability.","Power to transfer obligations and liabilities if Commission is dissolved or functions transferred (s 11): legal continuity but creates choice about which State agency or body assumes obligations.","Clause limiting enforceability of the Act’s stated purpose in court (s 12): affects judicial review and private enforcement expectations.","Regulatory power to apply uncommenced provisions of an amending planning Act and to make savings/transitional rules, potentially with retrospective operation subject to protections (ss 14, 16): implementation and timing complexity.","Binding the Crown (s 5) creates direct State involvement, altering who pays and who bears risk.","Statutory review requirement after 5 years (s 17) introduces a formal reassessment point but not automatic repeal or modification."],"plain_english_summary":"This Act enables the Forestry Commission (and its successors) to enter a timber‑supply agreement with Visy Industries for a kraft pulp and paper mill near Tumut, allows that agreement to override certain forestry rules, and authorises the State to give guarantees or reimbursements and to assume related liabilities. It makes the Minister the consent authority for development tied to the designated activities and gives the Treasurer authority over guarantee terms. It matters because it shifts financial obligations and approval power toward the State and its ministers for the mill project."},"issue_detection":{"absurdities":[],"contradictions":[]},"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/visy-mill-facilitation-act-1997","history":"/api/acts/visy-mill-facilitation-act-1997/history","analysis":"/api/acts/visy-mill-facilitation-act-1997/analysis","conflicts":"/api/acts/visy-mill-facilitation-act-1997/conflicts","importantCases":"/api/acts/visy-mill-facilitation-act-1997/important-cases","documents":"/api/acts/visy-mill-facilitation-act-1997/documents"}}