Victorian Legislation and Parliamentary Documentsi
Version No. 001
Forests (Australian Newsprint Mills Limited)
Act 1980
Act No. 9482/1980
Version incorporating amendments as at 8 August 2000
TABLE OF PROVISIONS
Section Page
Short title and commencement 2
Definition and expressions 2
Act to bind Crown 2
Ratification of Agreement 2
SCHEDULE—Agreement 4
═══════════════
ENDNOTES 17
General Information 17
Table of Amendments 18
Explanatory Details 19
Victorian Legislation and Parliamentary Documents1
Version No. 001
Forests (Australian Newsprint Mills Limited)
Act 1980
Act No. 9482/1980
Version incorporating amendments as at 8 August 2000
An Act to ratify validate approve and otherwise give Effect to an
Agreement between the Forests Commission and Australian
Newsprint Mills Limited for the supply of softwood pulpwood
from plantations in north-eastern Victoria and for other
purposes.
Preamble
WHEREAS Australian Newsprint Mills Limited a
company incorporated in the State of Tasmania is
desirous of establishing in the Albury-Wodonga
area the industry of manufacturing wood pulp and
paper from softwood timber:
AND WHEREAS the Company before it incurs
the expenditure necessary to establish the industry
desires to be satisfied that sufficient softwood
timber will be available to enable it to carry on the
industry:
AND WHEREAS the Forests Commission first
constituted under the Forests Act 1918 has conifer
plantations in north-eastern Victoria and it desires
to be satisfied that it will have a market for
softwood timber produced in those plantations:
AND WHEREAS an Agreement for the supply of
softwood timber has been entered into between the
Forests Commission and the Company:
AND WHEREAS the Agreement is expressed to
be subject to ratification of the Parliament of
Victoria:
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Forests (Australian Newsprint Mills Limited) Act 1980
2
AND WHEREAS it is expedient in the public
interest to ratify validate approve and otherwise
give effect to the said Agreement and to make
other provisions hereinafter provided:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Short title and commencement
(1) This Act may be cited as the Forests (Australian
Newsprint Mills Limited) Act 1980.
(2) This Act shall come into operation on a day to be
fixed by proclamation of the Governor in Council
published in the Government Gazette.
Definition and expressions
(1) In this Act unless inconsistent with the context or
subject-matter—
"the Agreement" means the Agreement a copy
of which is set out in the Schedule.
(2) Expressions used in this Act and which are also
used in the Agreement shall have the meanings
respectively assigned to them in the Agreement.
Act to bind Crown
This Act shall bind the Crown.
Ratification of Agreement
(1) The Agreement is hereby ratified validated and
approved and shall be given effect to.
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(2) The following provisions shall be read as in aid of
and not in derogation from the provisions of the
last preceding sub-section—
(a) the Minister, the Director-General of
Conservation, Forests and Lands and all
officers concerned are hereby empowered to
carry out the Agreement and to enter into
such agreements and to give such approvals
as are provided for by it; and
(b) this Act and the Agreement shall take effect
notwithstanding anything in any Act or in
any proclamation regulation Order in
Council by-law lease licence authority
permit or agreement under any Act, and
every Act proclamation regulation Order in
Council by-law lease licence or authority
permit or agreement shall by virtue of this
Act be deemed to be modified to the extent
necessary to give full force and effect to this
Act and the Agreement (but not further or
otherwise) and shall be read and construed
and take effect accordingly.
S. 4(2)(a)
amended by
No. 41/1987
s. 103(Sch. 4
item 25.1).
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SCHEDULE
THIS AGREEMENT is made 30 October 1980 between the FORESTS
COMMISSION incorporated by the provisions of the Forests Act 1958 of
the State of Victoria of the one part and AUSTRALIAN NEWSPRINT
MILLS LIMITED a company incorporated in the State of Tasmania with its
registered office at Boyer Tasmania of the other part—
WHEREAS—
Recitals
I. The Company is desirous of establishing in the Albury-Wodonga area
the industry of manufacturing wood pulp and paper from softwood
timber.
II. Before the Company incurs the expenditure necessary to establish the
industry it desires to be satisfied that sufficient softwood timber will be
available to enable it to carry on the industry.
III. The Commission has conifer plantations in North-east Victoria and it
desires to be satisfied that it will have a market for softwood timber
produced in those plantations.
IV. The parties hereto desire to enter into this Agreement so that upon its
ratification validation and approval by Parliament the provisions
hereinafter appearing shall have full force and effect.
NOW IT IS HEREBY AGREED as follows—
PART I—PRELIMINARY
Definitions
"the Act" means the Act of the Parliament of Victoria to be
passed to ratify validate approve and otherwise give
effect to this Agreement;
"this Agreement" means the Agreement as from time to
time amended;
"area of supply" means softwood plantations existing from
time to time in the State of Victoria within
200 kilometres by road from the principal post office
at Wodonga using the shortest practicable route;
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"Commission" means the Forests Commission and if that
Commission ceases to exist means the body corporate
or persons for the time being charged with the duties
or substantially the same duties now performed by the
Forests Commission;
"Company" means Australian Newsprint Mills Limited
and upon each assignment in accordance with sub-
clause (1) of clause 4 hereof includes the assignee;
"forest officer" has the same meaning as in the Forests Act
1958;
"forest produce" has the same meaning as in the Forests
Act 1958;
"the industry" means the manufacture by the Company in
the Albury-Wodonga area of wood pulp and paper
from softwood timber;
"minimum annual supply" means the annual quantity
which the Commission is to make available from time
to time under clause 14 hereof;
"month" means calendar month;
"softwood timber" means timber of the species Pinus
radiata and other coniferous species suitable for the
purposes of the industry but does not include any
timber which the Commission requires for sale as logs
poles or fencing timber;
"tonne" means a tonne of wet or green softwood timber
including bark; and
"year" means a period of twelve months commencing on
the first day of July.
2. Interpretation
(1) In this Agreement unless inconsistent with the context or
subject-matter references to any Act shall include all
amendments and re-enactments thereof for the time being in
force and all supplemental legislation for the time being in
force whether by regulation rule proclamation or order made
or continuing under that Act or any amendment or re-
enactment thereof.
(2) The headings and sidenotes shall not affect the interpretation
of this Agreement.
(3) This Agreement shall be interpreted according to the laws
for the time being in force in the State of Victoria.
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3. Agreement to be ratified by Act of Parliament
This Agreement shall not be of any force or effect until it
has been ratified validated approved and otherwise given
effect by an Act of the Parliament of Victoria.
4. Operation of industry by assignee
(1) The Company shall be at liberty at any time with the prior
written consent of the Commission to assign its rights under
this Agreement.
(2) Upon each such assignment the assignee shall by virtue of
the Act be subject to all the obligations and conditions
imposed upon the Company by this Agreement so far as
they remain in force and are capable of taking effect.
(3) Notwithstanding any such assignment Australian Newsprint
Mills Limited shall remain responsible to the Commission
for the performance of all the obligations and conditions
imposed upon the Company by this Agreement.
5.
In using its powers and applying its discretion whether in
this Agreement or the Act or the Forests Act 1958 the
Commission shall so far as the interests of forest
management allow (and the Commission shall for the
purposes of this Agreement be the sole judge of what is
proper forest management) give full recognition of the fact
that the Company is engaged in competitive business.
PART II—OPERATION OF THE INDUSTRY
Division A—Duration of Agreement
6. To cease on 30 June 2010 or upon sooner determination
This Agreement shall remain in force until 30 June 2010 or
until sooner determination in accordance with the provisions
hereof.
7. Saver of rights
The expiration or determination of this Agreement shall not
affect the enforcement of any right obligation or liability
theretofore acquired accrued or incurred.
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Division B—Timber rights
8. Rights of lessees, &c.
Nothing in this Agreement shall affect the rights powers and
privileges acquired by any person (whether before or after
the commencement of the Act) under the Forests Act 1958
or any other Act.
9. Sale of forest produce or grant of licences not restricted
Subject to the right of the Company under sub-clause (1) of
clause 12 hereof to obtain softwood timber in the area of
supply and compliance by the Commission with its
obligations under clause 14 hereof to make available to the
Company the minimum annual supply of softwood timber
nothing in this Agreement shall restrict the Commission's
rights pursuant to the Forests Act 1958 to sell or grant
licences to obtain forest produce.
10. Plan of utilization
(1) Not later than 31 March 1981 and 31 March in each year
thereafter the Commission shall after consultation with the
Company draw up and deliver to the Company a plan of
utilization for the supply of softwood timber for the
following year and a provisional plan for the supply of
softwood timber for the next two years.
(2) The plan of utilization and the provisional plan shall set out
the areas of the area of supply from which softwood timber
may be obtained during the relevant period and shall specify
the location and size of each area and the respective
quantities of softwood timber which the Commission
estimates will be obtainable in each area.
(3) The Commission and the Company may during the currency
of any plan of utilization agree to a modification of the plan.
(4) The company shall conform with each plan or modified plan
of utilization.
11. Company to comply with Forests Act, &c.
The Company shall comply with the provisions of the
Forests Act 1958 and with all regulations for the time being
in force under the Act.
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12. Company's right to softwood timber
(1) The Company without obtaining any lease licence permit or
authority shall have the right to obtain softwood timber by
its servants agents or contractors from the area of supply in
conformity with the plan of utilization.
(2) The Company shall obtain softwood timber—
(a) from heads and other residual timber from logging
and pole and post cutting operations;
(b) from all standing trees indicated by a forest officer;
and
(c) as required by the Commission from timber felled or
felled and removed by or on behalf of the
Commission.
(3) The Commission may in its discretion if so requested by the
Company modify the Company's obligation to take
softwood timber felled or felled and removed by or on
behalf of the Commission but any of such timber not taken
by the Company shall for the purpose of clause 14 hereof be
softwood timber made available to the Company by the
Commission.
13. Purposes for which timber is to be used
The Company shall use the softwood timber made available
to it under this Agreement for the purposes of the industry.
14. Commission's obligations to supply softwood timber
(1) Subject to the provisions of clause 26 hereof the
Commission shall make available to the Company from the
area of supply a minimum annual supply of softwood timber
which unless varied pursuant to the provisions of sub-clause
(3) or (4) hereof shall be—
(a) during the period ending on 30 June 1981—
500 tonnes;
(b) during the year 1981–1982—80 000 tonnes;
(c) during the year 1982–1983—100 000 tonnes;
(d) during the year 1983–1984—110 000 tonnes;
(e) during the years 1984–1985 to 2009–2010
inclusive—120 000 tonnes.
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(2) The Commission may in its discretion make available to the
Company in the period ending on 30 June 1981 and in any
year thereafter a quantity of softwood timber from the area
of supply additional to the minimum annual supply.
(3) The Commission may from time to time by written
agreement with the Company vary the minimum annual
supply for any period commencing from 1 July next
following the date of such agreement.
(4) At any time but not less than once in each period of five
years while this Agreement remains in force the quantity of
softwood timber available in the area of supply shall be
assessed by the Commission and on the basis of the quantity
so determined the Commission and the Company may agree
to vary the minimum annual supply for any period
commencing from 1 July next following the date of such
agreement.
15. Specifications of softwood timber
The Company shall not be bound to accept any softwood
timber which—
(a) is not sound and free from rot doze blue stain and
charcoal;
(b) is not sufficiently straight for the manufacturing
processes for the time being employed in the industry;
(c) is less than 3·6 metres in length or such other
minimum length as is agreed to from time to time by
the Commission and the Company; or
(d) is less than 10 centimetres in cross-sectional breadth
under bark.
16. Price of softwood timber
(1) For all softwood timber obtained by it under this Agreement
the Company shall pay—
(a) as to softwood timber which the Company by its
servants agents or contractors removes or fells and
removes—the royalty payable from time to time
under this Agreement; and
(b) as to softwood timber either felled or felled and
removed by or on behalf of the Commission—the
royalty as aforesaid and a charge to be agreed upon
from time to time between the Commission and the
Company for—
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(i) the cost to the Commission of felling or felling
and removal of softwood timber in or from the
particular area; and
(ii) the overhead expenses of the Commission in
connection therewith.
(2) Failing agreement within fourteen days on the charge
referred to in paragraph (b) of sub-clause (1) hereof the
charge shall be determined by the Commission but so that
the part of the charge attributable to the cost to the
Commission of felling or felling and removal of softwood
timber in or from any area shall not exceed the actual cost to
the Company of or the payment made by the Company to
contractors for felling or felling and removal (as the case
may be) of softwood timber at that time in similar form in or
from areas which are similar with respect to yield of
softwood timber physical circumstances of extraction and
situation in regard to means of transport.
17. Company's obligations to take or pay for softwood timber
(1) Subject to the provisions of clause 27 hereof the Company
shall be bound in each year in which the minimum annual
supply of softwood timber to which it is entitled in that year
is available to it either—
(a) to take not less than 90 per centum of the minimum
annual supply; or
(b) if it takes less than 90 per centum of the minimum
annual supply to pay royalty to the Commission on
the deficiency at a rate equal to the royalty rate
payable in that year under clause 19 or 20 hereof.
(2) If the Company during either or both of the two years next
following any year in which there is a deficiency obtains a
quantity of softwood timber in excess of the minimum
annual supply the royalty payable on such excess shall be
reduced by the amount of royalty paid in respect of the
deficiency.
(3) After 30 June 1990 "90 per centum" in paragraphs (a) and
(b) of sub-clause (1) hereof may from time to time be
modified by agreement between the Commission and the
Company but shall not be reduced below 75 per centum.
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18. Payment of royalty
The following provisions shall apply with respect to royalty
payable under this Agreement:
(a) Royalty shall be payable at such times after the
amounts have been ascertained and in such manner as
the Commission from time to time determines.
(b) If any royalty due by the Company remains unpaid for
sixty days after the Commission has demanded
payment thereof the Commission may without
limiting the obligations of the Company under
clause 17 hereof by notice in writing to the Company
suspend its right to obtain softwood timber under this
Agreement until payment is made.
(c) If the Company disputes the amount of any payment
demanded by the Commission it may make the
payment under protest and thereafter shall be entitled
to take proceedings for recovery of any amount in
excess of the amount it was liable to pay.
19. Royalty during first period
(1) During the period ending 30 June 1983 the royalty payable
shall be at the rate of $8.25 per tonne.
(2) In the event of all or any of the softwood timber at the time
of weighing not being wet or green or not including bark the
Commission shall have the right to make an appropriate
adjustment to the royalty payable in respect of that timber
having regard to the definition of "tonne" herein.
20. Review of royalty
(1) During each successive period of three years from 1 July
1983 the royalty payable shall be at the rate agreed upon by
the Commission and the Company.
(2) If the Commission and the Company fail to agree within
fourteen days of the commencement of any three-yearly
period as to any rate of royalty to be paid during that period
the rate shall be determined in accordance with clause 28.
(3) In any such determination the arbitrators or their umpire
shall take into consideration any alteration in circumstances
and any other relevant matters which either of the parties to
the reference may bring before the arbitrators or the umpire.
(4) Where a rate of royalty has been determined as provided by
this clause that rate shall take effect from the
commencement of the relevant three-yearly period.
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(5) If any variation in the royalty rate is not determined prior to
the commencement of any three-yearly period the Company
shall continue to pay royalty at the rate payable during the
preceding period and as soon as the new rate has been
determined an adjustment shall be made retrospectively to
the commencement of the period.
21. Construction of roads, tracks, &c. by Company
The Company shall not within the area of supply construct
any road track or passage or any chute without the prior
consent of a forest officer and shall not within the area of
supply construct any tramway flume or building or erect any
haulage or conversion unit without the prior written consent
of the Commission.
22. Determination of quantity of softwood timber
(1) The quantity of softwood timber upon which royalty is
payable under this Agreement shall be determined in such
manner as may be agreed upon by the Commission and the
Company or failing agreement within thirty days as the
Commission shall direct.
(2) The place at which the quantity of softwood timber is to be
measured shall be as fixed by the Commission from time to
time after consultation with the Company.
(3) (a) The Company shall provide at its plant or elsewhere
as agreed upon by the Commission and the Company
a weighbridge or other measuring device acceptable
to the Commission and shall during the currency of
this Agreement have the weighbridge or other
measuring device maintained and its accuracy
periodically verified.
(b) At all times while the weighbridge or other measuring
device is in accurate working order the quantity of
softwood timber upon which royalty is payable under
this Agreement shall be determined by weighing it on
the weighbridge or other measuring device.
(c) At all times while the weighbridge or other measuring
device is not in accurate working order the quantity of
softwood timber upon which royalty is payable under
this Agreement shall be determined in such manner as
may be agreed upon by the Commission and the
Company or failing agreement within fourteen days as
the Commission shall direct.
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23. Company to comply with conditions
The Commission may from time to time give to the
Company written notice of conditions which shall apply in
the areas from which it is obtaining softwood timber under
this Agreement and the Company shall comply with the said
conditions and ensure that any contractors who are engaged
in obtaining softwood timber under this Agreement have
notice thereof.
24. Requirements in regard to servants, &c. of the Company
(1) The Company shall keep the Commission informed by
notice in writing of the names of its servants agents and
contractors who are engaged in obtaining softwood timber
under this Agreement.
(2) The Company shall supply to each such person for
production when required by a forest officer evidence in a
form satisfactory to the Commission that he is engaged in
obtaining softwood timber under this Agreement and the
Company shall forthwith inform the Commission in writing
whenever any such person ceases to be so engaged.
(3) (a) The Company shall include in every contract by it
with a contractor for obtaining softwood timber under
this Agreement provisions requiring the contractor to
comply with the Forests Act 1958 the regulations
made under the Act and the conditions referred to in
clause 23 hereof.
(b) The Company shall upon making any such contract
forthwith give to the Commission written notice of
the contract specifying the name of the contractor the
duration of the contract the quantity of softwood
timber to be obtained thereunder and the area from
which it is to be obtained.
(4) The Company shall if so required by the Commission
terminate the contract of any contractor who in the opinion
of the Commission has failed to comply with the Forests
Act 1958 the regulations made under the Act or the
conditions referred to in clause 23 hereof.
25. Further Agreement
(1) In the first three months of the last year of this Agreement
the Commission shall if the Company seeks a further
Agreement to assure to it supplies of softwood timber for
the continuance and expansion of the industry investigate
the development of the industry and if satisfied that the
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Company needs to have supplies of softwood timber assured
to it by a further Agreement enter into negotiations with the
Company for that purpose.
(2) When a further Agreement has been agreed upon and
executed the Commission shall (if necessary) recommend to
the Minister of Forests that a Bill be introduced into the
Parliament of Victoria as soon as possible to ratify validate
approve and otherwise give effect to it.
Division C—Suspension of obligations and conditions
26. Suspension forests damaged, &c.
If any of the softwood plantations in the area of supply are
damaged or destroyed by fire disease or other cause to such
an extent that it is impracticable for the Commission to
comply with the provisions of clause 14 hereof or if by
reason of anything beyond the control of the Commission it
is prevent from complying with those provisions the
Company shall have no claim against the Commission for
the non-fulfilment of its obligations under those provisions
so far as non-fulfilment is due to any such cause or thing.
27. Damage or destruction of plant
If—
(a) the Company's plant or any works used by it for the
purpose of manufacturing wood pulp or paper are
damaged or destroyed by fire or other calamity;
(b) by reason of anything beyond the control of the
Company it is delayed in establishing the industry;
(c) the carrying on of the industry becomes commercially
impracticable because of the recession in the wood
pulp or paper manufacturing industry in Australia;
(d) by reason of war strike lockout or action in the nature
of a strike or lockout the Company is impeded from
obtaining softwood timber or carrying on production
of wood pulp or paper—
then in any of those events—
(i) the Company may apply to the Commission for
suspension or a reasonable modification of the
extent or operation of its obligations under
clause 17 hereof or for an extension of time for
the performance or observance thereof;
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(ii) the Commission upon any such application by
the Company may grant a suspension of the
said obligations or a reasonable modification of
their extent or operation or an extension of time
for their performance or observance;
(iii) if the Company is dissatisfied with the decision
of the Commission upon any such application
the matter shall if the Company so elects be
determined in accordance with clause 28.
28. Arbitration
Wherever in any clause of this Agreement it is provided that
any matter shall or may be determined in accordance with
this clause—
(a) the matter shall be referred to two arbitrators one to be
appointed by the Company and one by the
Commission;
(b) the provisions of the Arbitration Act 1958 shall
apply to the reference; and
(c) the arbitrators or umpire or some person appointed on
their behalf may investigate the Company's affairs and
accounts so far as may be necessary to assist them to
determine any matter referred to them and the
Company shall give them full access to all accounts
and papers necessary for that purpose and shall afford
them full information and assistance.
Division D—Determination of Agreement by Commission
29. Commission may determine Agreement in certain events
If the Company—
(1) enters into liquidation (other than a voluntary
liquidation for the purposes of reconstruction and
assignment of rights under this Agreement);
(2) assigns its rights under this Agreement to a natural
person who becomes bankrupt or makes any
arrangement with his creditors;
(3) delays the commencement of commercial production
of wood pulp or paper from softwood timber at a rate
not less than 1000 tonnes per month beyond the year
ending on 30 June 1982; or
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(4) contravenes or fails to comply with the terms and
conditions of this Agreement for a period of not less
than one month after receiving written notice from the
Commission specifying the terms and conditions
contravened or not complied with—
the Commission may thereupon determine this Agreement.
Division E—Supplemental
30. Amendment or determination by agreement
The Commission and the Company may by agreement—
(a) from time to time amend this Agreement by such
additions deletions and variations of matters of detail
as may be necessary or desirable to facilitate the
carrying on of the industry; and
(b) at any time determine this Agreement upon such
terms as they deem fit.
IN WITNESS whereof the parties hereto have executed this Agreement the
day and year first before written.
The common seal of Forests Commission
was hereto affixed in the presence
of:
Commissioner, A. J. THREDER
L.S.
Commissioner, R. J. GROSE
The common seal of Australian
Newsprint Mills Limited was
hereto affixed by the authority
of:
Director, K. D. MACPHERSON
L.S.
Secretary, A. G. CLOUDSDALE
═══════════════
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General Information
The Forests (Australian Newsprint Mills Limited) Act 1980 was assented
to on 23 December 1980 and came into operation on 5 February 1981:
Government Gazette 4 February 1981 page 339.
Endnotes
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Forests (Australian Newsprint Mills Limited) Act 1980
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2. Table of Amendments
This Version incorporates amendments made to the Forests (Australian
Newsprint Mills Limited) Act 1980 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: 19.5.87
Commencement Date: S. 103(Sch. 4 item 25.1) on 1.7.87: Government
Gazette 24.6.87 p. 1694
Current State: This information relates only to the provision/s
amending the Forests (Australian Newsprint Mills
Limited) Act 1980
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
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Forests (Australian Newsprint Mills Limited) Act 1980
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3. Explanatory Details
No entries at date of publication.
Endnotes