6‑1 Other requirements for grant of wood6‑1 Other requirements for grant of wood export licence

6‑1 Other requirements for grant of wood export licence

(1) For the purposes of paragraph 191(2)(d) of the Act, this section prescribes other requirements that must be met for the grant of a wood export licence.

Note 1: The requirements provided by paragraphs 191(2)(b) and (c) of the Act must also be met.

Note 2: It is also a requirement for the grant of a wood export licence that the applicant is a fit and proper person (see paragraph 191(2)(a) of the Act and section 6‑2A of this instrument).

Applicant must make declaration (2) The applicant must make a declaration: (a) stating that the applicant has complied, and will continue to comply, with the applicable requirements of the following in relation to the export operations and prescribed wood or woodchips to be covered by the licence: (i) the Environment Protection and Biodiversity Conservation Act 1999; (ii) each management arrangement (if any) that applies to the export operations and prescribed wood or woodchips to be covered by the licence; and (b) identifying the designated places (if any): (i) where export operations to be covered by the licence are to be carried out; or (ii) that would be adversely affected by those operations; and (c) if a designated place referred to in paragraph (b) is identified—setting out the measures (if any) that the applicant undertakes to take to protect the designated place. Form of declaration etc. (3) A declaration under subsection (2): (a) must be in a form approved by the Secretary; and (b) must be based on the knowledge of the applicant after making reasonable inquiries into the matters declared; and (c) must not, to the knowledge of the applicant, be false or misleading; and (d) must be signed and dated by the applicant.

Note: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of the Act).

Protection of designated places (4) The requirements of the Environment Protection and Biodiversity Conservation Act 1999 that apply to the export operations and prescribed wood or woodchips to be covered by the licence, together with: (a) each management arrangement (if any) that applies to the export operations and prescribed wood or woodchips to be covered by the licence; and (b) if the declaration made by the applicant under subsection (2) includes an undertaking to take measures to protect a designated place where export operations to be covered by the licence are to be carried out or that would be adversely affected by those operations—those measures; must satisfactorily protect the designated place. (5) In considering whether the requirement referred to in subsection (4) is met, the Secretary must have regard to: (a) the declaration made by the applicant under subsection (2); and (b) any information reasonably available to the Secretary in relation to the following: (i) the applicant’s history of compliance with the requirements of the Environment Protection and Biodiversity Conservation Act 1999; (ii) the applicant’s history of compliance with any management arrangement that applies to the export operations and prescribed wood or woodchips to be covered by the licence; (iii) each designated place (if any) where export operations to be covered by the licence are to be carried out or that would be adversely affected by those export operations; (iv) the economic benefits arising from the export operations to be covered by the licence; (v) the impacts, including future impacts, of the export operations to be covered by the licence on local communities.