Forests (Bowater-Scott Agreement) Act 1986 (Victoria)

This Act (s 1, Schedule) gives statutory force to a negotiated long‑term supply agreement between the State (Treasurer, Minister, Forests Commission) and Bowater‑Scott Limited (the Company). Section 5(1) ratifies and validates the Agreement in the Schedule so that its provisions “take effect as if … expressly enacted in this Act.” The Act binds the Crown (s 4). Mechanically, the statute imports the Agreement’s detailed commercial terms into law, including supply volumes and schedules, pricing mechanisms, licence fees, measurement rules and dispute resolution procedures (see the Schedule, in particular Parts II and the First, Second and Third Schedules).

Key mechanical changes introduced by the instrument are:

A firm, long‑dated supply entitlement for Bowater‑Scott through to 30 June 2026, with tiered minimum annual volumes from specified State softwood plantations (clause 5 and clause 12 in the Schedule).
A statutory duty on the Forests Commission to make that minimum annual supply available subject to the Agreement’s conditions (clause 12 and clauses 9-11).
A package of supplier obligations on Bowater‑Scott, including payment of royalties and an annual licence fee, compliance with the Forests Act 1958 and associated regulations, measurement and defect allowance procedures, and contractor obligations (clauses 10, 14-17, 21, 23 and Third Schedule).
A statutory arbitration and dispute resolution regime for commercial differences (clause 28).
Specific rights retained by the Commission to sell or licence other forest produce, subject to the Commission meeting its supply obligations to the Company (clause 8).
Enforcement and termination mechanics that give the Commission powers to suspend or terminate the agreement for non‑payment, insolvency events, or breaches after notice (clause 16 and clause 29), with Ministerial sign‑off required for termination in many cases (clauses 29-31).

Victorian Legislation and Parliamentary Documentsi Version No. 001 Forests (Bowater-Scott Agreement) Act 1986 Act No. 71/1986 Version incorporating amendments as at 6 July 1999 TABLE OF PROVISIONS Section Page

Purpose 1
Commencement 1
Definition 1
Act to bind Crown 1
Ratification of Agreement 2
Repeal of 1971 Act 2
Amendment or termination of Agreement 2

SCHEDULE—Bowater-Scott Agreement 3 SCHEDULE 1—Softwood veneer logs 26 SCHEDULE 2—Softwood sawlog licence 27 SCHEDULE 3—Measuring and allowing for defect softwood sawlogs 29 ═══════════════ ENDNOTES 31

General Information 31
Table of Amendments 32
Explanatory Details 33

Victorian Legislation and Parliamentary Documents1 Version No. 001 Forests (Bowater-Scott Agreement) Act 1986 Act No. 71/1986 Version incorporating amendments as at 6 July 1999 Preamble The Treasurer, the Minister for Conservation, Forests and Lands, the Forests Commission and Bowater-Scott Limited have agreed to certain arrangements for the supply of softwood for certain operations undertaken by Bowater-Scott Limited: It is expedient to ratify, validate approve and otherwise give the force of law to the Agreement: The Parliament of Victoria therefore enacts as follows:

Purpose The purpose of this Act is to ratify, validate, approve and otherwise give effect to an Agreement with Bowater-Scott Limited for the supply of softwood for certain operations undertaken by Bowater-Scott Limited.
Commencement This Act comes into operation on the day on which it receives the Royal Assent.
Definition In this Act, "Agreement" means the agreement a copy of which is set out in the Schedule.
Act to bind Crown This Act binds the Crown.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 2 5. Ratification of Agreement (1) The Agreement is ratified, validated, approved and given the force of law and takes effect as if its provisions had been expressly enacted in this Act. (2) The Director-General of Conservation, Forests and Lands is empowered to carry out the Agreement or the Agreement as amended from time to time. 6. Repeal of 1971 Act The Forests (Bowater-Scott Agreement) Act 1971 is repealed. 7. Amendment or termination of Agreement If the Agreement is amended or terminated in accordance with its provisions, the Minister must cause a report giving details of such amendment or termination to be laid before the Legislative Council and the Legislative Assembly before the expiration of the fourteenth sitting day of the Legislative Assembly or the Legislative Council, as the case may be, after the Agreement is amended or terminated.

s. 5 S. 5(2) amended by No. 41/1987 s. 103(Sch. 4 item 26.1).

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 3 SCHEDULE Section 3 BOWATER-SCOTT AGREEMENT THIS AGREEMENT is made the twenty-third day of April, One thousand nine hundred and eighty-six. BETWEEN: The Treasurer. State of Victoria, of the first part AND The Minister for Conservation, Forests and Lands of the second part AND FORESTS COMMISSION incorporated by the provisions of the Forests Act 1958 of the State of Victoria of the third part AND BOWATER-SCOTT LIMITED a Company incorporated in the State of Victoria and having its registered office at Ailsa Street, Box Hill of the fourth part WHEREAS: I. The Company has for some time been engaged in large scale operations in connection with the manufacture of veneer, plywood, sawn timber, dressed timber and wood pulp at Myrtleford and ancillary processing at other locations in the State of Victoria. II. The Company desires to be satisfied that sufficient softwood will be available to it over a period of time which will enable it to improve commercial viability. III. The Government desires to provide a means by which the Company can be assured of its long term supply of softwood and which also ensures that the public of Victoria receives an adequate return to cover the costs of certain forest production activities. IV. The supply after 1990 from Government plantations is planned on clear fall at approximate age 30 years until the year 2010, minimum small end diameter under bark of 15 cm. After the year 2010, it is expected that rotation age will gradually move out to 35 year clear fall. V. The Company will use its best endeavours to source supply of logs from private plantations to supplement volumes supplied by the Commission under this Agreement in a manner which is not inconsistent with law or government policies and without conditions or qualifications or if subject to conditions or qualifications then satisfactory to the Company. Such supply is Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 4 projected to begin in year 2010 and rise to approximately 65 000 m3 by year 2020. The Company will take steps within the next three years to commence programs which will lead to sourcing at the levels indicated. VI. The parties hereto desire to enter into this Agreement so that upon an enabling Act being passed by Parliament and coming into operation the provisions hereinafter appearing shall have full force and effect and the Forest (Bowater-Scott Agreement) Act 1971 shall be repealed as to any future operations from the commencement of the Act. NOW IT IS HEREBY AGREED as follows: PART I—PRELIMINARY

In this Agreement unless inconsistent with the context or subject- matter— "the Act" means the enabling Act of the Parliament of Victoria to be passed to give effect to this Agreement; "this Agreement" includes this Agreement as from time to time amended; "CDOB" means centre diameter over bark; "CDUB" means centre diameter under bark; "commencement date" means the latest of the date of this Agreement, the day of Royal Assent to the Act and (if any) the day the Act comes into operation as provided in the Act; "Commission" means the Forests Commission its successors or assigns; "Company" means Bowater-Scott Limited and upon each assignment to any other company in accordance with sub- clause (1) of clause 4 hereof means that assignee company; "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 of veneer, plywood, sawn timber, dressed timber, wood pulp, round logs for preservation treatment and paper from softwood; "minimum annual supply" means that set out in clause 12; "Minister" means Minister for Conservation, Forests and Lands; "month" means calendar month; Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 5 "person" and "persons" include a body corporate and any association of persons whether or not incorporated as a company or other body corporate; "SEDUB" means small end diameter under bark; "veneer log" means softwood meeting the specifications as set out in the first Schedule hereto or such other specification as is determined from time to time by the Commission after consultation with the Company; "year" means a period of twelve months commencing on the first day of July and includes the period between the commencement date and the 30th day of June 1987; "Benalla Plantations" means the State Softwood Plantations existing from time to time within the present Benalla Region of the Department of Conservation, Forests and Lands; "Koetong Plantations" means the State Softwood Plantations existing from time to time within the present Wodonga Region of the Department of Conservation, Forests and Lands; "Ovens Plantations" means the State Softwood Plantations existing from time to time within the present Wangaratta Region of the Department of Conservation, Forests and Lands. 2. (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 and references to sections in any Act shall be deemed to include corresponding sections in any amending or re-enacting Act. (2) The headings and sidenotes shall not affect the interpretation of this Agreement. 3. (1) This Agreement shall not be of any force or effect until the Act has been passed by the Parliament of Victoria and has come into operation and the passing of the Act and its coming into operation are both conditions precedent to this Agreement having any force validity or effect. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 6 (2) Upon and after the commencement date, this Agreement shall supersede all previous Agreements, licences, and arrangements for the supply of veneer log, sawlog and pulpwood to the Company as to the supply of such softwood to the Company from the commencement date but without prejudice to the obligations of either the Company or the Commission under any previous agreements, licences or arrangements for the supply of veneer logs, sawlogs or pulpwood to the Company which have arisen prior to the commencement date. All representations and warranties inducing the Company to enter into this Agreement shall merge into this Agreement. 4. (1) The Company shall be at liberty at any time to assign its rights under this Agreement— (a) to any company with which pursuant to the Companies (Victoria) Code it is deemed to be related but notwithstanding any such assignment Bowater-Scott Limited shall remain responsible to the Commission for the performance of all the obligations and conditions imposed upon the Company by this Agreement; or (b) with the prior consent of the Commission to any company, such consent not to be unreasonably withheld, and thereupon Bowater-Scott Limited (whether or not there has been any previous assignment) shall be released totally and forever from all obligations and conditions imposed on the Company by this Agreement which are not up to the time of the assignment required to have been fulfilled. (2) Upon each such assignment the assignee company 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 and, save to the extent the contrary may be agreed, which are not required to have been performed by the Company prior to such assignment. PART II—OPERATION OF INDUSTRY Division A—Duration of Agreement 5. This Agreement shall remain in force until the 30th day of June, 2026 or until sooner determination in accordance with the provisions hereof. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 7 6. The expiration or determination of this Agreement shall not affect the enforcement of any right obligation or liability theretofore acquired accrued or incurred. Division B—Softwood Rights 7. Nothing in the Agreement shall affect the rights powers and privileges already acquired by any person under the Forests Act 1958 or any other Act. 8. Subject to compliance by the Commission with its obligations under clauses 11(1) and 12 hereof to make available to the Company certain supply of softwood nothing in this Agreement shall restrict the Commission's rights pursuant to the Forests Act 1958 to sell or grant licences and permits to obtain forest produce not detrimental to the Company's rights under this Agreement. 9. (1) Forthwith in respect of the year 1986–87 and not later than the 31st day of December 1986 in respect of the year 1987–88 and not later than the 31st day of December in each year thereafter the Commission in consultation with the Company shall draw up and deliver to the company a plan of utilization for the supply of softwood for the following year and a provisional plan for supply of softwood for the further four following years. (2) The Company within 60 days after delivery of the plan of utilization under clause 9(1) may at its discretion request modification of the plan of utilization with respect to supply for the immediately following year and provided that such proposed modification can be shown to be to the commercial benefit of the Company and the Commission and consistent with the principles of proper forest management the Commission will not unreasonably refuse such modification and in the event that the Company considers the Commission has unreasonably refused to consent to such modification the modification shall be referred to arbitration in accordance with clause 28 hereof. (3) Subject to the provisions of clauses 12 and 13 hereof, the plan of utilization shall set out the locations from which softwood may be obtained during the relevant period and shall specify the specific location area in hectares and the respective species, quantities, qualities and dimensions of softwood including the volume of sawlog and veneer log of each of the size and classes referred to in clause 17(2) hereof which the Commission estimates will be obtainable in each area, as well as the location and standard of road to be Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 8 provided by the Commission and/or with the consent of the Company by the Company for each location. (4) The Commission and the Company may during the currency of any plan of utilization agree to a modification of the plan. (5) The Company shall conform with each plan or modified plan of utilization. 10. (1) The Company shall comply with the provisions of the Forests Act 1958 and with all regulations for the time being in force under the Forests Act as if the rights granted by this Agreement had been granted by licence. (2) Unless inconsistent with specific provisions of this Agreement, the Commission may impose additional covenants terms and conditions (in this clause called "Conditions") as if this Agreement were a licence issued under section 52 of the Forests Act 1958. Initially, such Conditions shall be those set out in the Second Schedule hereto. Within one month of the commencement date and within thirty days prior to the first day of July in each year of this Agreement the Commission may deliver to the Company in written form changed (including additional) Conditions as if on each first day of July the Company was being granted a further or renewed licence under the said section 52 but such changed Conditions shall be no more onerous on the Company than those the Commission applies generally throughout the State of Victoria in corresponding circumstances of forest management to those being so imposed. Any conditions (whether initially or from time to time changed) shall remain imposed until replaced by some changed Conditions or further changed Conditions. 11. (1) Subject to the provisions of this Agreement, the Company shall have the right to cut and remove softwood by its servants agents or contractors as provided in clause 12 hereof. (2) Subject to the provisions of clauses 12 and 13 hereof, the Company may be required to obtain softwood suitable from which to satisfy the provisions of this Agreement from— (a) standing trees indicated by a forest officer; (b) softwood produced in conjunction with a logging operation conducted by a person or persons other than the Company; or (c) softwood felled or felled and removed by or on behalf of the Commission. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 9 (3) The Commission may in its discretion if so requested by the Company modify the Company's obligation to take softwood felled or felled and removed by or on behalf of the Commission which has been included in the plan of utilization for that year but any of such softwood not taken by the Company shall for the purposes of clause 12 hereof be softwood made available to the Company by the Commission. 12. (1) Subject to the provisions of clauses 24 and 26 hereof and to the payment of the licence fee as provided in clause 17 hereof and not taking into account any softwood not accepted according to the provisions of clause 13 hereof the Commission, subject always to the existing entitlement to another person of about 20 000 m3 of softwood sawlogs in the Ovens Plantations, shall make available to the Company from the locations set out below a minimum annual supply of softwood with Radiata Pine as the major species but able to include up to 13 500 m3 of Corsican Pine in any one year and up to 5000 m3 of Douglas Fir in any one year which unless increased pursuant to the provisions of sub-clauses (3) and (4) hereof shall be— (a) sawlogs and veneer logs— (i) for the period year 1986–87 to year 1989–90— 174 000 m3 per annum from the Ovens Plantations and to the extent Ovens Plantations cannot supply from the Koetong Plantations, and 16 000 m3 per annum from the Benalla Plantations; (ii) for the period year 1990–91 to year 1994–95— 235 000 m3 per annum from the Ovens Plantations and to the extent Ovens Plantations cannot supply from the Koetong Plantations; and 25 000 m3 per annum from the Benalla Plantations; (iii) for the period year 1995–96 to year 1999–2000— 310 000 m3 per annum from the Ovens Plantations and to the extent Ovens Plantations cannot supply from the Koetong Plantations; Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 10 (iv) for the period year 2000–01 to year 2004–05— 360 000 m3 per annum from the Ovens Plantations and to the extent Ovens Plantations cannot supply from the Koetong Plantations; (v) for the period year 2005–06 to year 2025–26— 400 000 m3 per annum from the Ovens Plantations and to the extent Ovens Plantations cannot supply from the Koetong Plantations: PROVIDED THAT the Commission gives to the Company the right of first refusal on all volumes of sawlog and veneer log available from the Ovens Plantations and subject always to the existing entitlement hereinbefore referred to— (b) pulpwood from the Ovens Plantations— (i) for the year 1986–87—21 500 m3; (ii) for the year 1987–88—18 000 m3; (iii) for the year 1988–89—14 000 m3; (iv) for the year 1989–90—10 000 m3; (v) for the year 1990–91—6000 m3; (vi) for the year 1991–92—2000 m3; (vii) for the years 1992–93 to 2025–26—Nil. (2) Should the Company take less than the minimum annual supply of sawlog and veneer log or of pulpwood in any one year, it has the right to carry forward the deficiency of that type quantity and quality to any of the five years next following so that such as is carried forward will be used in addition to the minimum annual supply in the year or years of utilization. (3) The Commission may in its discretion offer the Company in any year a quantity of softwood additional to the minimum annual supply. (4) The Commission and the Company may from time to time agree that in addition to any other softwood agreed herein to be made available by the Commission and upon such terms and conditions and at such royalty as may be offered the Company shall have the right to cut and remove by its servants agents or contractors softwood in round logs for preservation treatment. The Company may from time to time seek from the Commission the right to cut and remove by its servants agents and contractors softwood in round Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 11 logs for preservation treatment and upon any such request being made the Commission shall use its reasonable endeavours to reach an agreement with the Company to meet that request. (5) The Commission may by written agreement with the Company increase for any period commencing from the first day of July next following the date of such agreement the minimum annual supply referred to in sub-clause (1) hereof for that period and any minimum annual supply so agreed upon may likewise be further increased. (6) The Commission shall ensure that the softwood sawlog or veneer log equal to and greater than 20 cm CDUB of each standard and grade made available to the Company is as good in species, size, and quality in any year as that which is made available by the Commission to any other person or persons in that year from the Benalla Plantations, the Koetong Plantations and the Ovens Plantations. 13. (1) The Company shall not be bound to accept— (a) any pulpwood which is not sound, clean and free from rot, doze, blue stain and charcoal; (b) any sawlog or veneer log which not being sound, clean and free from rot, doze, blue stain, hail damage and the result of Sirex wasp infestation is beyond the tolerances provided in the Code of Practice Measuring and Allowing for Defect Softwood Sawlogs (Metric Units), a copy of which is set out as the Third Schedule hereto, or such other code as from time to time may be adopted in lieu thereof but should any sawlog or veneer log be accepted by the Company which is not, sound, clean and free from rot, doze, blue stain, hail damage and the results of Sirex wasp infestation then that sawlog and veneer log shall only be accepted when measured and allowed for defect in accordance with that code of practice; (c) any sawlog or veneer log which is below the following specification— (i) 15 cm SEDUB; (ii) for size classes 3 and 4—log length of 3·0 m and sweep equal to or less than 20% of CDOB for a 3·0 m log length; Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 12 (iii) for size classes 1 and 2—log length of 3·0 m and sweep equal to or less than 10% of CDOB for a 3·0 m log length. (2) Unless inconsistent with the preceding paragraphs (b) and (c) the defect allowance and produce specifications which apply generally to the clients, that is to say the various purchasers and/or licensees and/or persons bound by agreement to the Commission, shall apply with respect to this Agreement. (3) During the years 1986–87 to 1989–90, the annual volume of sawlog and veneer log equal to or greater than 20 cm CDUB shall be at least 160 000 m3, and of the annual volume less than 20 cm CDUB, the Commission shall endeavour to make supply available such that— (i) at least 50% of the volume shall have a sweep of equal to or less than 5% of CDUB for a 3·0 m log length; (ii) at least 50% of the volume shall be between 18·0 cm CDUB and 19·9 cm CDUB; and (iii) knot size and frequency does not render the logs unsuitable for the manufacture of lining boards and similar material— and if the Company declines from time to time in any one year to take any sawlog and/or veneer log below 20 cm CDUB then so declining that sawlog and/or veneer log shall not prejudice the Company's right to continue to take sawlog and/or veneer log above 20 cm CDUB in that year and if the Company declines from time to time in any one year to take any sawlog and/or veneer log above 20 cm CDUB and then so declining that sawlog and/or veneer log shall not prejudice the Company's right to continue to take sawlog and/or veneer log below 20 cm CDUB in that year. (4) During the years 1990–91 to 2025–26, the annual volume of sawlog and veneer log equal to or greater than 20 cm CDUB shall be at least 90 per cent of the minimum annual supply of sawlog and veneer log as provided for in clause 12 hereof and of the remaining annual volume less than 20 cm CDUB, the Commission shall endeavour to make supply available such that— (i) at least 50% of the volume shall have a sweep of equal to or less than 5% of CDUB for a 3·0 m log length; Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 13 (ii) at least 50% of the volume shall be between 18·0 cm CDUB and 19·9 cm CDUB; and (iii) knot size and frequency does not render the logs unsuitable for the manufacture of lining boards and similar material— and if the Company declines from time to time in any year to take any sawlog and/or veneer log below 20 cm CDUB then so declining that sawlog and/or veneer log shall not prejudice the Company's right to continue to take sawlog and/or veneer log above 20 cm CDUB in that year and if the Company declines from time to time in any one year to take any sawlog and/or veneer log above 20 cm CDUB and then so declining that sawlog and/or veneer log shall not prejudice the Company's right to continue to take sawlog and/or veneer log below 20 cm CDUB in that year. 14. (1) For all softwood obtained by it under this Agreement the Company shall pay— (a) as to softwood 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 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— (i) the cost to the Commission of felling or felling and removal of softwood 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 subject to the arbitration provisions in clause 28 hereof the charge shall be determined by the Commission but so that the charge for the cost of felling or felling and removal of softwood 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 at that time in similar form in or from areas which are similar with respect to yield of softwood physical circumstances of extraction and situation in regard to means of transport. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 14 15. (1) Subject to the provisions of clauses 26 and 27 hereof the Company shall be bound in each year in which the minimum annual supply of softwood to which it is entitled in that year is available to it either— (a) to take— (i) not less than 90% of the minimum annual supply of pulpwood; and (ii) not less than 90% of sawlog and veneer log equal to or greater than 20 cm CDUB required to be made available in the plan of utilization; or (b) if it takes less than the quantities set out in the preceding paragraph (a) hereof to pay royalty to the Commission on the deficiency at a rate equal to the royalty rate payable in that year under clauses 18 or 19 (as the case may be) hereof. (2) If the Company during any of the five years next following any year in which there is a deficiency obtains a quantity of softwood 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 and interest accrued thereon. Interest shall be calculated from the date of payment of the royalty paid on such excess with daily rests until the date of utilization at a rate equal to 60% of the 90 day bank bill rate from time to time adopted from date of payment until the relevant excess has been utilized by the State Bank of Victoria in Melbourne or failing that by Westpac Banking Corporation in Melbourne and failing both by arbitration as set out in clause 28 hereof. 16. The following provisions shall apply with respect to royalty payable under this Agreement: (a) Royalty shall be payable at such times and in such manner as the Commission from time to time determines after the amounts have been ascertained by weighing and/or measuring in accordance with this Agreement. (b) Without prejudice to the obligations of the Company under clause 15 hereof if any royalty due by the Company remains unpaid for sixty days after the last day of the month following the date of supply the Commission may without limiting the obligations of the Company under clause 15 hereof by notice in writing to the Company suspend its right to obtain softwood under this Agreement until payment is made. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 15 (c) If the Company disputes the amount of any payment demanded by the Commission it shall make the payment under protest and thereafter shall be entitled to take proceedings for recovery of, and recover, any amount in excess of the amount it was liable to pay, and interest thereon at the rate from time to time provided in the Penalty Interest Rates Act 1983. 17. (1) In addition to royalty payable in accordance with clause 14 hereof an annual licence fee shall be paid by the Company to the Commission with respect to the acquisition by the Company of the right to cut and remove sawlog and veneer log as provided in clause 11(1) hereof. (2) The annual licence fee shall relate to volumes of sawlog and veneer log size classes 3 and 4, and size class 2 greater than 20 cm CDUB required to be made available in the plan of utilization referred to in clause 9 hereof. (3) The annual licence fee will be due and payable first on the commencement date as provided in clause 3 hereof or the 30th day of June 1986 (whichever is the later) and in each year thereafter on the 30th day of June with respect to softwood required to be made available from within the minimum annual supply in the following year, but shall not apply to softwood made available under the provisions of clauses 12(2), 12(3), 12(4) and 25 hereof and softwood not taken under the provisions of clause 13(1) hereof. (4) The annual licence fee shall be at the rate of $1 per m3 for the period between the commencement date of this Agreement and the 30th day of June 1987 ("the base fee") and for each of the years commencing on the 1st day of July 1987, 1988, 1989 and 1990, the base fee will be adjusted in the same percentage rate as the rate of change in the royalty rate in the year preceding the 30th day of June 1987 in the case of any adjustment to be made for the year commencing the 1st day of July 1987 and in respect of the remaining years in the same percentage rate as the rate of change in the royalty rate during the preceding twelve months. (5) The amount of the annual licence fee will be reviewed between the 1st day of April 1991 and the 30th day of June 1991 and thereafter between the 1st day of April and the 30th day of June at five yearly intervals from the 1st day of April 1991 and so that— (a) a review is to be conducted by the Commission and the Company jointly; Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 16 (b) the review will establish if a new base fee shall apply and if so at what rate, for the succeeding five years; (c) the review will take account of— (i) the ongoing ability of the Company to maintain its competitive position in domestic and international sawn timber and plywood and related products markets taking into account circumstances not of its own making; (ii) changes in the average domestic market price of sawn timber and plywood relative to general cost increases in the community as measured by the consumer price index; (iii) changes in the landed price of imported sawn timber and plywood and related products, relative to economy wide indices of capital and labour costs; (d) the review will last no longer than the 30th day of June in the year in which it commenced. In the event that agreement is not reached between the Commission and the Company, the matter will be referred to arbitration as provided by clause 28 hereof; (e) any new base fee so determined will be adjusted in each of the subsequent four years, similarly as set out in sub-clause (4) hereof. (6) In the event of any difference that can touch upon the calculation of the annual licence fee which is referred to arbitration the annual licence fee shall be paid on the 30th day of June as if no such difference had existed; but if the resolution of the difference (whether by agreement between the parties or arbitration) causes a different annual licence fee to become applicable the Company shall pay to the Commission or the Commission shall pay to the Company forthwith an amount being the difference between the amount of the annual licence fee so paid and the amount which would have been paid had the resolution of the difference been achieved on that 30th day of June. 18. (1) During the period between the commencement date pursuant to clause 3 hereof and the 30th day of June 1989 the royalty payable for pulpwood shall be $13.20 per m3. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 17 (2) The royalty payable for sawlog and veneer log shall be the rate as determined in accordance with the Royalty Equation System and consistent with general sawlog and veneer log pricing from public forests in the State of Victoria. 19. (1) During each successive period of three years or part thereof, from the 1st day of July 1989 the royalty payable for pulpwood shall be at the rate agreed upon by the Commission and the Company or failing agreement not later than fourteen days after publication by the Australian Bureau of Statistics of the figures referred to in paragraphs (a) and (b) hereof at the rate calculated by varying the rate payable during the preceding period of three years in the same proportion as the average of the proportional variation in the figures at the beginning and the end of that period in regard to— (a) the Average Weekly Earnings All Males, Weekly Total Earnings Victoria; and (b) the Price Index of Materials used in building other than house building Weighted Average of six State Capital Cities, Wood and Wood Products. (2) If the Australian Bureau of Statistics ceases to publish the figures referred to in either paragraph (a) or (b) of sub- clause (1) hereof a new method of calculating any variation in the royalty rate shall be agreed upon by the Commission and the Company or failing agreement within thirty days shall be determined by the Commission subject to the arbitration provisions in clause 28 hereof. (3) If any variation in the royalty rate is not determined prior to the commencement of any new 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 new period. 20. The Company shall not construct within State forest any road track or passage or any chute without the prior written consent of a forest officer and shall not construct within State forest any tramway flume or building or erect any haulage or conversion unit without the prior written consent of the Commission, such consent in each case not to be unreasonably withheld. 21. (1) The quantity of softwood upon which royalty is payable under this Agreement shall be determined in such manner (allowance being made for bark and defect) and at such place as may be agreed upon by the Commission and the Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 18 Company or failing agreement within thirty days as the Commission may direct subject to the arbitration provisions in clause 28 hereof. (2) If the royalty so payable is to be determined by mass— (a) the Company shall provide at its plant a weighbridge of a pattern which meets the requirements of the Weights and Measures Act 1958 and shall while this Agreement remains in force have the weighbridge maintained and periodically verified and stamped in accordance with the provisions of that Act; (b) at all times while the weighbridge is in accurate working order the quantity of softwood upon which royalty is payable under this Agreement shall be determined by weighing it on the weighbridge; and (c) at all times while the weighbridge is not in accurate working order the quantity of softwood 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 may reasonably direct subject to the arbitration provisions in clause 28 hereof. 22. The Commission may from time to time give to the Company written notice of reasonable conditions not inconsistent with the provisions and intent of this Agreement which conditions are, having regard to the overall provisions of this Agreement, of a minor nature and which further are of a temporary or passing nature and which shall apply in the areas from which the Company is obtaining softwood under this Agreement. The Company shall comply with the said conditions. 23. (1) The Company shall inform the Commission in writing once in each year of the names of its servants agents and contractors who are engaged in obtaining softwood 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 such person is engaged in obtaining softwood 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 under this Agreement provisions requiring the contractor to Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 19 comply with the Forests Act 1958 the regulations made under the Act the conditions referred to in clause 22 hereof which are applicable to that contractor and the conditions referred to in clause 10(2) hereof which are applicable to that contractor. (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 and the quantity of and location from which softwood is to be obtained thereunder. 24. (1) If any of the softwood plantations upon which supply is dependent are damaged or destroyed by fire disease or other similar cause beyond the control of the Commission to such extent that it is impracticable for the Commission to comply with the provisions of clause 12 hereof or if by reason of any other cause beyond the control of the Commission it is prevented from complying with those provisions— (a) the Company shall have no claim against the Commission for the non-fulfilment of its obligations under those provisions as far as non-fulfilment is due to any such cause; and (b) the Commission shall use its best endeavours to provide a supply of softwood to the Company which is economically viable to the Company and having regard on the one hand to the obligation of the Commission under this Agreement to make available to the Company certain supplies of sawlog and of veneer log and of pulpwood and on the other hand the duty of the Commission to protect State forests and control and manage State forests throughout the State of Victoria in a manner which is not unduly damaging financially to the Commission or to the revenues of the State of Victoria. 25. If, in the opinion of the Commission, extensive damage occurs to State forest softwood plantations within 250 kilometres road distance from the Company's mill at Myrtleford, softwood as sawlog and/or veneer log salvaged from these plantations may be offered to the Company in addition to the minimum annual supply at a royalty after making allowance as determined by the Commission for additional harvesting, freight and manufacturing costs necessarily incurred. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 20 26. If— (a) any of the softwood plantations upon which supply is dependent 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 12 hereof or if by reason of any other cause beyond the control of the Commission it is prevented from complying with those provisions; (b) the Company's plant or any works used by it for the purpose of the industry are damaged or destroyed by fire or other calamity in such circumstances as the Company is not reasonably (as to amount and risk) indemnified under a policy of insurance (which is not avoided by the insurer) having regard to the insurance cover existing at the time of entering into this Agreement; (c) by reason of war riot civil commotion strike lockout or action in the nature of a strike or lockout ban or limitation on work or restraint of labour act or restraint of any Government or semi-government or other public or statutory authority (including any amendment to legislation currently in force or to the Act which adversely affects the Company's position under this Agreement) or any other cause substantially beyond the control of the Company the Company is substantially impeded from obtaining softwood or carrying on the industry; or (d) by reason of any change in the circumstances which exist at the time of entry into this Agreement, which are substantially beyond the control of the Company, the carrying on of the industry or the continued performance by the Company of its obligations under clauses 14, 15 and 17 hereof become commercially impracticable— then in any of those events— (i) the Company may apply to the Commission for termination, suspension or a reasonable modification of the extent or operation of its obligations under this Agreement or for an extension of time for the performance or observance thereof; (ii) the Commission upon any such application by the Company shall decide to grant or refuse termination, 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; Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 21 (iii) if the Company is dissatisfied with the decision of the Commission upon any such application— A. arising out of the provisions of the preceding paragraphs (a) and/or (b) and/or (c); or B. with the delay (not being less than seven days) in making the decision arising out of the provisions of the preceding paragraphs (a) and/or (b) and/or (c); or C. with the delay (not being less than thirty days) in making the decision arising out of the provisions of the preceding paragraph (d)— the matter shall if the Company so elects be determined by arbitration and the arbitrators may determine the matter with reference to considerations of general justice and fairness; (iv) if the Company is dissatisfied with the decision of the Commission upon any such application arising out of the provision of the preceding paragraph (d) the Company shall suggest to the Commission that the Company and the Commission should negotiate in good faith to reach a decision acceptable to the Company and the Commission but if the Company and the Commission after negotiating in good faith cannot within a reasonable time (and in any event not less than fifteen weeks) reach a decision acceptable to the Company and the Commission and if it is then after the 1st day of July 1991 the matter shall if the Company so elects be determined by arbitration and the arbitrators may determine the matter with reference to considerations of general justice and fairness. 27. If pursuant to an arbitration founded on the provisions of clause 26(d) hereof the Company has been awarded a suspension or a modification of this Agreement and if the carrying on of the industry or the continued performance by the Company of its obligations under clauses 14, 15 and 17 hereof are considered by the Commission to have returned to commercial practicability— then— (i) the Commission may apply to the Company for a further reasonable modification of the extent or operation of the Company's obligations under this Agreement but not so as to exceed the obligations of the Company initially imposed by this Agreement; Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 22 (ii) the Company upon any such application by the Commission shall decide to grant or refuse a further reasonable modification of this extent; (iii) if the Commission is dissatisfied with the delay (not being less than thirty days) in making the decision the matter shall if the Commission so elects be determined by arbitration and the arbitrators may determine the matter with reference to considerations of general justice and fairness; (iv) if the Commission is dissatisfied with the decision of the Company upon any such application the Commission shall suggest to the Company that the Commission and the Company should negotiate in good faith to reach a decision acceptable to the Commission and the Company but if the Commission and the Company after negotiating in good faith cannot within a reasonable time (and in any event not less than fifteen weeks) reach a decision acceptable to the Commission and the Company the matter shall if the Commission so elects be determined by arbitration and the arbitrators may determine the matter with reference to considerations of general justice and fairness but the arbitrators shall not make any award by which the obligations of the Company shall exceed those obligations initially imposed by this Agreement nor any award which has an effect prior to the date of the Commission's application made under the preceding paragraph (i) which is referred to arbitration. 28. Wherever it is provided that any matter shall or may be determined by arbitration— (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 Commercial Arbitration Act 1984 shall apply to the reference; (c) each party may be represented in the arbitration process by Counsel and Solicitor; and (d) the arbitrators or umpire or some other person appointed on their behalf may investigate the Company's or Commission's affairs and accounts so far as may be necessary to assist them to determine any matter referred to them and the Company and the Commission each shall give them full access to all accounts and papers necessary for that purpose and shall afford them full information and assistance having due regard to confidential nature of investigation. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 23 29. (1) If the Company contravenes or fails to comply with the provisions of this Agreement in circumstances where the failure represents a breach capable of remedy, the following shall apply: (a) The Commission shall give notice in writing in a prompt manner (but not more than fourteen days) after either the Regional Manager of the Department of Conservation, Forests and Lands or an Assistant Director of the said Department has become aware of the same to the Company (by handing the same personally to a Director or the Secretary of the Company) specifying with specific detail the contravention or failure complained of together with details of the date and form in which the Regional Manager or the Assistant Director (as the case may be) first became aware of the same; (b) If the Company fails to remedy the contravention or fails to cease the contravention or failure (as the case may be) within ninety days of receipt of the notice referred to in the preceding paragraph (a), then with the approval of the Minister the Commission by notice in writing under its common seal or over the hand of its Secretary may determine this Agreement. (2) If the Company contravenes or fails to comply with the provisions of this Agreement in circumstances where such breach is not capable of being remedied, the following shall apply: (a) The Commission shall give notice in writing in a prompt manner (but not more than fourteen days) after either the Regional Manager of the Department of Conservation, Forests and Lands or an Assistant Director of the said Department has become aware of the same to the Company (by handing the same personally to a Director or the Secretary of the Company) specifying with specific detail the contravention or failure complained of together with details of the date and form in which the Regional Manager or the Assistant Director (as the case may be) first became aware of the same and requiring it forthwith to desist from repeating the contravention or failure; Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 24 (b) If within a period of ninety days from the service of the aforesaid notice the Company has repeated the breach complained of, then with the approval of the Minister the Commission by notice in writing under its common seal or over the hand of its Secretary may determine this Agreement. (3) If the Company— (a) has had a receiver or a receiver and manager appointed over its property who has been in office for not less than sixty days; or (b) enters into any scheme or arrangement for the benefit of its creditors generally which has not been totally fulfilled within sixty days— then— with the approval of the Minister the Commission by notice in writing under its common seal or over the hand of its Secretary may determine this Agreement. (4) Notwithstanding the provisions of the preceding clauses 29(1), (2) and (3), if the Company enters into liquidation (other than a voluntary liquidation for the purposes of reconstruction) with the approval of the Minister the Commission by notice in writing under its Common Seal or over the hand of its Secretary may determine this Agreement. 30. (1) The Commission and the Company may 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. (2) The Commission and the Company may with the approval of the Minister determine this Agreement upon such terms as they deem fit. 31. The Company shall not be required to obtain any lease licence permit or authority beyond this Agreement to cut and remove softwood as provided in clause 12 hereof. 32. (1) In the last three years of this Agreement the Commission shall if the Company seeks a further Agreement to assure to it supply of softwood for the continuance and/or expansion of the industry investigate the development of the industry and if satisfied that the Company needs to have supplies of softwood assured to it by a further Agreement enter into negotiations with the Company for that purpose. Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 25 (2) If a further Agreement has been agreed upon and executed the Commission shall (if necessary) recommend to the Minister that a Bill be introduced into the Parliament of Victoria as soon as possible to ratify validate approve and otherwise give effect to it. 33. Nothing in the Agreement shall be construed or interpreted to require the Company to alter its membership. 34. The Minister sanctions this Agreement. IN WITNESS WHEREOF the parties hereto have executed as a deed this Agreement the day and year first before written. SIGNED SEALED AND DELIVERED by the Honourable. The Treasurer in the presence of: J. KIDDLE      R. A. JOLLY (L.S.) SIGNED SEALED AND DELIVERED by the Honourable. The Minister for Conservation, Forests and Landsin the presence of: J. KIDDLE       JOAN E. KIRNER (L.S.) THE COMMON SEAL of FORESTS COMMISSION was hereunto affixed in the presence of: G. GRIFFIN, Commissioner R. P. SMITH, Commissioner    (L.S.) THE COMMON SEAL of BOWATER- SCOTT LIMITED was hereto affixed by authority of the Director in the presence of: L. A. WILSON, Director B. J. MORLEY, Secretary     (L.S.)

Sch.

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 26 FIRST SCHEDULE SPECIFICATION SOFTWOOD VENEER LOGS Logs must exceed 22⋅5 cm in diameter over bark at the smallest and, be freshly cut, the branches flush trimmed and the ends of each log must be sawn off square.

CROSS SECTION The Cross Section at any point shall be approximately round with maximum ovality such that the least diameter is within 10% of the diameter of a circle of the same girth.
STRAIGHTNESS The distance between the surface of the log and a straight edge 2⋅1 metre long held against the surface shall not exceed 2⋅5 cm.
TAPER The difference between the centre diameter over bark and the small end diameter over bark of any 2⋅1 m length of log shall not exceed 3 cm.
DEFECTS (a) The following defects are not permitted: (i) Decay, rot pockets: (ii) Crossbreaks, splits, checks: (iii) Large loose or partly decayed knots: (iv) Insect damage to wood: (v) Cone holes and knot holes in the wood: (b) The following defects are permitted within limits shown: (i) Sound knots not exceeding 5 cm in diameter across the shorter axis and encased knots not exceeding 2⋅5 cm in diameter across the shorter axis, provided that the sum of the diameters of all knots in any 0⋅3 metre length shall not exceed 20 cm. NOTE: (1) Butt logs are acceptable provided they comply with the specification. (2) Logs shall not be rejected for off-centre pith.

Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 27 SECOND SCHEDULE SOFTWOOD SAWLOG LICENCE

LOGGING 3. Logging operations shall— (a) be restricted to such parts of the cutting sections as may be determined from time to time and indicated on the ground by a forest officer; (b) if so directed by the district forester be carried out in cutting sections of the logging area other than those sections designated in the schedule to the licence; and (c) be conducted in a manner satisfactory to the Commission and in accordance with the directions of a forest officer. 4. No logs other than of the type and species specified in the licence may be cut and removed. 5. (a) The licensee shall comply fully with any directions issued by a forest officer restricting or suspending the transport of logs within State forest; (b) The licensee shall comply fully with any directions issued by a forest officer for the purpose of minimizing soil erosion and siltation or pollution of streams due to the licensee's logging operations. 6. If so required by a forest officer, the licensee shall at his own expense lop the tops off felled trees so that the limbs are left lying reasonably flat on the ground. LOG GRADES FOR SAWMILLING PURPOSES 7. Log grades are based on diameter classes as specified in the schedule to the licence. 8. The licensee shall utilize all timber 15 cm or more diameter over bark graded as sawlog quality. 9. The licensee shall, if required by the Commission, convert to pulpwood all timber 10 cm or more in diameter over bark graded as inferior to sawlog quality. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 28 10. The Commission may, at its discretion, supply up to 50% of the volumes as shown on the log licence in the form of logs from departmental operations. 11. The licensee shall be responsible for the construction and maintenance of all roads within the logging area, other than main extraction roads. 12. First quality logs suitable for conversion to veneer not exceeding a volume equivalent to 15% of the allocation shall be reserved from utilization by the licensee. The licensee shall, if so required by the Commission, carry out the logging of veneer timber under contract to the Commission in conjunction with and additional to the logging of the allocation. ROYALTY PAYMENTS 13. Royalty will be charged on all logs cut under this licence. Where in the opinion of the supervising forest officer, timber suitable for logs remains in any tree felled by the licensee royalty will be charged on such timber. 14. Log volumes will be based on measurements made in such a manner and at such locations as are directed by the district forester. If the licensee considers that the defect allowances or measurements recorded in respect of any identifiable log are incorrect, the log concerned may be set aside for inspection by a forest officer, whose decision shall be final. 15. The royalty rates quoted in the schedule are applicable initially but are subject to variation by the Commission at any time. Generally such variations will be made— (a) in the course of a general revision of royalty rates; (b) because of changes in the basic data on which the rates have been determined; or (c) because of changes in the location of logging operations. 16. An account issued for royalty is due for payment immediately it is rendered and becomes overdue if not paid by the last day of the month following the month of supply. An instalment under a Deferred Royalty Agreement is overdue if not paid by the due date specified in the Agreement. An account or instalment not paid within 14 days of the date of becoming overdue is liable for penalty interest from the date that it became overdue at the rate of interest for the time being fixed under section 2 of the Penalty Interest Rates Act 1983. Royalty interest will be the first charge met by any payment received with respect to an outstanding account. If an account remains overdue for more than 60 days, no further logs will be supplied on credit until the outstanding amount has been paid.

Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 29 THIRD SCHEDULE CODE OF PRACTICE MEASURING AND ALLOWING FOR DEFECT SOFTWOOD SAWLOGS (METRIC UNITS) This code is intended to cover— (a) tree lengths, trimmed and headed off but not crosscut to log lengths; (b) logs cut to length for cartage. NOTE: In reference to (b) above it is assumed that some of the defects present in tree lengths will be docked out by judicious crosscutting into log lengths for cartage. MEASURING

Measuring may take place at stump or at landing at the discretion of the District Forester.
All measurements shall be taken over bark. (Rennick forest district excepted).
In normal tree length measurement sawlogs shall be measured as successive 6⋅3 m lengths commencing at the butt except that top lengths may be any length not exceeding 8⋅4 metres. Where it is the practice of the sawmiller to mill in 1⋅5 m lengths, 6⋅0 m lengths shall be measured in lieu of 6⋅3 metres.
An allowance of 0⋅1 m for all recorded lengths shall be given for crosscutting.
Centre diameter over bark of each log or length shall be measured, using steel diameter callipers, at mid length irrespective of whether a length allowance for defect has been made or not. (Rennick forest district excepted).
Where there is a whorl of knots or other enlargement at mid length the diameter shall be measured at a point above or below the whorl or enlargement where the log is of normal conformation.
Where it is not practicable to use diameter callipers for a particular measurement the diameter may be measured by tape.
Diameters shall be recorded to the backward whole centimetre. Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 30 ALLOWING FOR DEFECT

In determining allowances for defects, or supervising the docking out of defects, it should be assumed that a wide range of lengths of logs is acceptable to the sawmiller irrespective of the lengths that are actually cut. "Wide range" in this context means 2⋅1 m and up but also includes lengths shorter than 2⋅1 m in every case where it is the normal practice of the particular miller to cut such short lengths for any purpose.
Allowances shall not be given for falling or snigging damage except where in any particular case the District Forester is satisfied that such damage was completely unavoidable.
Allowance for blue stain, fire damage, hail damage, sirex treatment etc. shall only be made on specified approval from Head Office following report and recommendation by the District Forester via the Divisional Forester.
Where a fork occurs the section of the tree affected by twin hoart and vends in the limbs at their junction with the trunk shall be subject to an allowance. The limbs (if merchantable) of the tree above and the bole below the defective section shall be measured as if they were separate trees.
A bend occurs where the distance between the surface of the bark and a 2⋅1 m straight edge laid along the log exceeds one-fifth of the diameter of the log. The allowance for bend shall be the length of log affected by bend.
Knots exceeding 75 mm in diameter, measured across the shorter axis, shall be subject to allowance. The allowance to be given shall be determined by multiplying the length of log affected (angular projection of the knot into the log) by the proportion of the cross-section of the log affected and expressing the result as a length allowance to the nearer 0⋅1 metre.
An allowance of the full length affected shall be given where two or more whorls of cone holes occur within any 0⋅9 m length of log. For the purpose of this clause whorl of cone holes means three or more cone holes within 0⋅1 m length of log.
Miscellaneous defects subject to allowance are: (i) Twisted stem and break resulting from stem. The allowance shall be the length of log visibly affected. (ii) Rot, dry, side, fire scar and previous mechanical damage. The allowance shall be determined by multiplying the length of log affected by the average cross-sectional area of the log affected and expressing the result as a length allowance to the nearer 0⋅1 metre. ═══════════════ Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 31 ENDNOTES

General Information Minister's second reading speech— Legislative Assembly: 11 September 1986 Legislative Council: 28 October 1986 The long title for the Bill for this Act was "A Bill to ratify, validate, approve and otherwise give effect to an agreement with Bowater-Scott Limited and for other purposes.". The Forests (Bowater-Scott Agreement) Act 1986 was assented to on 6 November 1986 and came into operation on 6 November 1986. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 32 2. Table of Amendments This Version incorporates amendments made to the Forests (Bowater-Scott Agreement Act 1986 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 26.1) on 1.7.87: Government Gazette 24.6.87 p. 1694 Current State: This information relates only to the provision/s amending the Forests (Bowater-Scott Agreement) Act 1986 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 71/1986 Forests (Bowater-Scott Agreement) Act 1986 33 3. Explanatory Details No entries at date of publication. Endnotes

1 Forests (Bowater-Scott Agreement) Act 1986

Purpose 1
Commencement 1
Definition 1
Act to bind Crown 1
Ratification of Agreement 2
Repeal of 1971 Act 2
Amendment or termination of Agreement 2

General Information 31
Table of Amendments 32
Explanatory Details 33

Purpose The purpose of this Act is to ratify, validate, approve and otherwise give effect to an Agreement with Bowater-Scott Limited for the supply of softwood for certain operations undertaken by Bowater-Scott Limited.
Commencement This Act comes into operation on the day on which it receives the Royal Assent.
Definition In this Act, "Agreement" means the agreement a copy of which is set out in the Schedule.
Act to bind Crown This Act binds the Crown.

The Act operates by reference to the capitalised terms set out in the Schedule. Understanding those terms is essential to analysing rights and obligations.

Agreement/Act (Schedule, clause 1): “Agreement” means the full text in the Schedule. Section 5(1) makes that Agreement part of the Act. Therefore the Schedule is the operative legislative text; references below point to clauses within the Schedule.
Parties and institutional roles: The parties are the State (represented by the Treasurer and Minister), the Forests Commission (the Commission) and Bowater‑Scott Limited (the Company). The Commission is the statutory manager of State softwood plantations and holds powers under the Forests Act 1958; the Agreement delegates responsibilities and discretions to the Commission (Schedule clauses 9-12, 22).
Minimum annual supply and plantations (Schedule clause 12): The Agreement specifies minimum annual volumes of sawlog and veneer log to be supplied to the Company from identified plantation groups , Ovens, Koetong and Benalla , with phased volume increases from 174,000 m3 pa for 1986-87 up to 400,000 m3 pa for 2005-06 to 2025-26 (clause 12(1)(a)). Pulpwood volumes are separately scheduled and tail off to nil after 1991-92 (clause 12(1)(b)). There is an explicit “right of first refusal” on all volumes of sawlog and veneer log available from the Ovens Plantations (clause 12(1)(a) proviso).
Product specifications and measurement: Definitions like CDOB (centre diameter over bark), CDUB (centre diameter under bark), SEDUB (small end diameter under bark), plus specific size/tolerance rules for veneer logs (First Schedule) and defect measurement and allowance rules (Third Schedule) are built into the Agreement (Schedule clause 1 and Schedules 1 and 3). Measurement and royalty quantity determination procedures are specified (clause 21).
Payment terms: Royalty for pulpwood for early years is fixed ($13.20/m3 to 30 June 1989; clause 18(1)); royalties for sawlog/veneer are determined under a “Royalty Equation System” (clause 18(2)) and adjusted over time by formulas tied to ABS indices or by agreement (clause 19). An annual licence fee for certain size classes of sawlog/veneer is prescribed with an initial “base fee” of $1/m3 and a process for periodic review (clause 17).
Rights to reject and quality control: The Company may refuse certain pulpwood and sawlogs/veneer logs that fail cleanliness/defect criteria or minimum dimensions (clause 13). If logs are accepted that contain defects, they are to be measured and adjusted under the defect code of practice (Third Schedule). The Commission is required to ensure that softwood ≥20 cm CDUB supplied to the Company is “as good … as that which is made available … to any other person” from specified plantations (clause 12(6)).
Obligations on the Company: Compliance with Forests Act 1958 and its regulations as if the rights were granted by licence (clause 10(1)); inclusion of contractual provisions requiring contractors to comply (clause 23(3)); the obligation to take specified minimum proportions or pay royalty on the deficiency (clause 15).
Discretion and processes for change: The Agreement recognises circumstances beyond the Commission’s or Company’s control (fire, disease, war, labour dispute, legislative change) and sets out application, negotiation and arbitration pathways for suspension, modification or termination (clauses 24-27). Clause 30 permits the parties to amend the Agreement by consent and to “determine” the Agreement with Ministerial approval.
Dispute resolution and arbitration: Commercial Arbitration Act 1984 applies to references (clause 28). Arbitration panels are appointed with one arbitrator by the Company and one by the Commission, with provision for investigation of accounts and assistance by counsel and solicitors (clause 28).

These concepts frame who decides key points (Commission for plans and allocations; Minister for some approvals; arbitration panels for contested commercial matters) and which economic levers (royalty, licence fee, rights to reject, right of first refusal, carry‑forward/carry‑back provisions) will shape the incentives of the State and the Company.

The Agreement, by being enacted, converts a private commercial negotiation into a statutory allocation of public forest resources. The principal affected actors are:

Bowater‑Scott Limited (the Company): Primary beneficiary and obligated party. The Company acquires exclusive statutory rights to specified minimum annual supplies of sawlog and veneer log over defined periods and plantations (clause 12). It is obliged to pay royalties and an annual licence fee, to comply with the Forests Act 1958 and licence‑style conditions, to maintain weighbridge requirements if royalty is determined by mass (clause 21), and to bind contractors to legal and regulatory compliance (clause 23).
Forests Commission (the Commission): Holds the statutory duty to make the minimum supply available, to prepare annual and five‑year provisional plans of utilisation in consultation with the Company (clause 9), to set and collect royalties and licence fees subject to the Agreement, and to enforce compliance under the Agreement (clauses 12, 14-17, 21, 29). The Commission retains residual rights under the Forests Act 1958 to sell or grant licences for forest produce (clause 8), but those rights must not be “detrimental to the Company's rights under this Agreement.”
Minister for Conservation, Forests and Lands and the Treasurer: Politically and administratively implicated. The Minister must be kept informed and must approve termination under some enforcement provisions (clause 29). The Treasurer is a signatory to the Agreement and appears in the Schedule as part of the State’s contracting structure.
Other forest users, licensees and purchasers: The Agreement expressly preserves “the rights powers and privileges already acquired by any person under the Forests Act 1958 or any other Act” (clause 7). Nevertheless, the Commission’s obligations to Bowater‑Scott place constraints on how plantation volumes are managed and allocated. The Agreement also preserves an existing entitlement of about 20,000 m3 of sawlogs in the Ovens Plantations to another party (clause 12(1)(a)).
Contractors, agents and mill employees: Contractors obtaining softwood under the Agreement must be named annually and contractually required to comply with the Forests Act, conditions from the Commission, and licence conditions (clause 23). The Company must supply evidence that its servants, agents and contractors are engaged under the Agreement when asked by a forest officer (clause 23(1)-(2)).
The State and public finances: The State (via the Commission and Minister) is obliged to provide defined volumes. In return the State receives royalties, licence fees and potentially charges for felling/removal when the Commission furnishes harvesting services (clause 14). The palatability of those price streams affects public revenue and costs for plantation management and harvesting.
Private plantation owners and future suppliers: The Agreement records the Company’s intention to source private plantation supply from c.2010 onward (preambles IV-V), and the Agreement contemplates the Company will “use its best endeavours” to seek private supply. Those private suppliers are not given statutory preferential rights by this Act but could be commercial partners of the Company in supply substitution strategies.
Courts and arbitrators: The Agreement incorporates the Commercial Arbitration Act 1984 for disputes (clause 28). Arbitrators are empowered to investigate accounts and information necessary to determine matters in dispute (clause 28(d)).

In short, the Act materially affects the Company and the Commission most directly, creates compliance and reporting obligations for contractors and the Company, and reshapes the Commission’s allocation and administrative duties under the Forests Act 1958. It also creates prospective fiscal flows to the State and dependency risk for the Company on plantation performance and Commission administration.

This section lists the principal enforceable duties and rights created by the Agreement as enacted in the Schedule.

State/Commission duties and rights

Duty to make available minimum annual supplies of softwood from specified plantations and in specified volumes and species mix (Schedule clause 12(1)): Annual volumes are tiered by period and plantation, with Ovens Plantations serving as primary source and Koetong and Benalla as supplementary sources (see clause 12(1)(a) and (b)). The Agreement also gives the Company the “right of first refusal” on all sawlog and veneer log volumes from the Ovens Plantations (clause 12(1)(a) proviso).
Ability to offer additional volumes above the minimum supply at its discretion (clause 12(3)).
Right to sell or grant licences to others under the Forests Act 1958 so long as not detrimental to Company rights (clause 8).
Power to impose annual or changed “Conditions” as if the Agreement were a licence under s 52 of the Forests Act, subject to a requirement that such Conditions not be more onerous than those the Commission applies generally in corresponding circumstances (clause 10(2)).

Company duties and rights

Right to cut and remove softwood under clause 11(1), subject to plan of utilisation and licence conditions.
Obligation to conform with each plan or modified plan of utilisation (clause 9(5)).
Duty to comply with Forests Act 1958 and regulations as if its rights were granted by licence (clause 10(1)).
Payment obligations: royalty on softwood obtained under the Agreement and, where applicable, a charge for Commission‑felling/removal costs (clause 14). Annual licence fee due on 30 June for the following year’s required supply (clause 17(3)).
Measurement and payment compliance: if royalty is determined by mass the Company must provide and maintain a weighbridge complying with the Weights and Measures Act 1958 and have it periodically verified and stamped (clause 21(2)(a)-(b)).
Quality inspection rights: the Company may refuse pulpwood or sawlogs that fail specified fitness requirements (clause 13(1)(a)-(c)); defects in accepted logs must be measured and discounted under the Code of Practice (Third Schedule) (clause 13(1)(b)).
Carrying forward shortages: if the Company takes less than the minimum annual supply it can carry forward a deficiency of that type and quality for use in any of the next five years (clause 12(2)).
Take‑or‑pay style obligation: the Company must take not less than 90% of minimum pulpwood and of sawlog/veneer ≥20 cm CDUB in a year or pay royalty on the deficiency (clause 15(1)). Excess taken within five years can be offset against previous deficiencies with interest adjustments (clause 15(2)).

Administrative and operational duties

Plan of utilisation: the Commission must prepare and deliver an annual plan and a provisional four‑year plan for supply (clause 9(1)); the Company has 60 days to request modifications that, if commercially beneficial and consistent with proper forest management, must not be unreasonably refused (clause 9(2)).
Contractor and personnel reporting: annual notification of names of servants, agents and contractors and obligation to provide evidence to forest officers when required (clause 23(1)-(2)).
Contractual obligations: Company must include contract clauses requiring contractors to comply with the Forests Act, Commission conditions and licence conditions (clause 23(3)).
Notification duty: Minister must be informed and a report laid before both Houses of Parliament within specified sittings if the Agreement is amended or terminated in accordance with its provisions (Act s 7).

Discretionary and contingent rights

Where damage beyond the Commission’s control makes compliance impracticable, the Commission is excused from non‑fulfilment and must use best endeavours to provide economically viable supply, balancing obligations to the Company with duties to protect and manage State forests (clause 24).
The Company has rights to apply for termination, suspension or modification for specified causes including force majeure, plant damage, labour disruption or change in circumstances making continued performance commercially impracticable; such applications may be decided by arbitration in particular circumstances (clause 26).
Assignment rights: Company may assign to related companies or, with Commission consent (not to be unreasonably withheld), to another company; assignation transfers obligations to the assignee while Bowater‑Scott may remain liable to the Commission for past obligations (clause 4).

Enforcement mechanics

Suspension for unpaid royalty: Commission may suspend Company rights to obtain softwood if royalties remain unpaid for 60 days after the last day of the month following the date of supply (clause 16(1)(b)).
Termination process for breach: for remediable breaches the Commission must give notice and a 90‑day remedy period before applying to the Minister to determine the Agreement; for irremediable breaches the Commission may require the Company to desist and may determine the Agreement after repeat within 90 days (clause 29(1)-(2)).
Insolvency and liquidation triggers: receiver appointments or failure of creditor schemes give the Commission power to determine the Agreement with Ministerial approval (clause 29(3)-(4)).

These duties and rights create an entwined commercial/administrative regime that allocates supply certainty to the Company while embedding regulatory compliance duties and enforcement powers for the Commission, constrained in part by Ministerial oversight and arbitration pathways.

This Act does not create traditional criminal sanctions; enforcement is primarily administrative and contractual in nature. The Agreement relies on suspension, termination, payment obligations, interest penalties and arbitration to enforce compliance.

Principal enforcement levers

Suspension for non‑payment (clause 16(1)(b)): If royalty remains unpaid for 60 days after the last day of the month following the date of supply, the Commission may suspend the Company’s right to obtain softwood under the Agreement until payment is made. This is an operational tool with immediate supply impact and no separate penalty fine in the text beyond the suspension itself.
Interest and payment under protest (clause 16(1)(c)): If the Company disputes a demanded payment, it must make the payment “under protest” and may later pursue recovery of any excess, with interest at the rate provided by the Penalty Interest Rates Act 1983. That mechanism pressures timely cash flow while preserving a path to judicial or arbitral recovery.
Determination/termination for breach (clause 29): The Commission has a staged process for breach. For remedyable breaches the Commission must issue written notice (within 14 days of becoming aware), specify details and give a 90‑day remedy period; if not remedied the Commission may (with Ministerial approval) determine the Agreement. For non‑remedial breaches, a written notice requiring immediate cessation is followed by 90 days’ observation , repeat within 90 days allows determination with Ministerial approval. Termination for insolvency events, receivership or unfulfilled creditor schemes is also permitted (clause 29(3)-(4)).
Arbitration and binding awards (clauses 26-28): Many disputes are subject to arbitration under the Commercial Arbitration Act 1984 (clause 28(b)). Arbitrators are empowered to investigate affairs and accounts and to produce awards based on “general justice and fairness” in specified contexts (clause 26(iii) and (iv); clause 27). The Agreement requires bilateral appointment of arbitrators (one each) and refers unresolved issues to arbitration, which is binding subject to the Commercial Arbitration Act. Arbitration is the primary legal mechanism for resolving contested commercial matters (e.g. charges for Commission felling under clause 14(2), plan modification disputes under clause 9(2), royalty adjustments under clause 19, and modifications/terminations under clause 26(d)).
Ministerial oversight for termination and amendments (clause 29 and clause 30(2)): The Commission’s power to determine the Agreement in many enforcement scenarios requires the Minister’s approval, creating a political review filter before statutory termination.

Financial levers and penalties

Royalty payments and license fee obligations (clauses 14, 16-19): Non‑payment attracts suspension and interest. The Agreement attaches economic penalties (loss of supply and interest on late payments) rather than criminal sanctions.
Penalty interest (Second Schedule reference and clause 16(1)(c)): Overdue accounts and instalments can attract penalty interest at the rate fixed under the Penalty Interest Rates Act 1983 (see Second Schedule, clause 16 and clause 16(1)(c)). Accounts overdue more than 60 days mean the Commission will not supply further logs on credit (Second Schedule, clause 16).

Compliance and administrative enforcement duties

Measurement and weighbridge obligations (clause 21): If royalty is determined by mass, the Company must install and maintain a weighbridge in compliance with the Weights and Measures Act 1958, with verification and stamping. Failure to maintain an accurate weighbridge triggers alternate measurement procedures directed by the Commission or arbitration.
Contractual enforcement on contractors (clause 23): The Company must include compliance terms in its contracts with contractors and must notify the Commission of contract terms and contractor details. Forest officers can require production of evidence; failure to provide could be treated as a contractual breach.

Implementation and enforcement risks

The Agreement places discretion with the Commission to determine certain charges (clause 14(2)) and to direct measurement places (clause 21(1)). Where the parties cannot agree these determinative discretions are referred to arbitration, but the process can produce commercial uncertainty and potential cashflow pressure (payment under protest obligations).
Ministerial approval as a precondition for termination injects a political dimension into enforcement, potentially delaying decisive remedies or creating public accountability constraints on the Commission’s exercise of enforcement powers (clause 29).
The Agreement relies heavily on arbitration for contested matters (clause 28). Arbitration decisions are final under the Commercial Arbitration Act, but the need to pay amounts under protest and bear interim costs creates financial pressure on the Company in disputes.

No criminal fines, imprisonment or specified pecuniary penalties beyond interest and the economic consequences listed are provided in the text. Enforcement is therefore structured around commercial consequences: suspension of supply, contractual termination, interest charges and arbitral determination of disputed monetary amounts.

The Agreement explicitly cross‑references and interacts with multiple statutes and statutory regimes. The Schedule repeatedly imports obligations under the Forests Act 1958 and other regulations and references administrative statutes for enforcement and measurement.

Direct statutory cross‑references and interactions

Forests Act 1958 (clauses 10(1), 23(3), Schedule generally): The Company must comply with the Forests Act 1958 and regulations “as if the rights granted by this Agreement had been granted by licence” (clause 10(1)). The Commission may impose additional licence‑style conditions “as if this Agreement were a licence issued under section 52 of the Forests Act 1958” (clause 10(2)). The Agreement therefore sits as a specialised statutory licence‑equivalent operating within the Forests Act regulatory framework; the Commission’s standard licence powers and environmental/operational controls under the Forests Act are available and applicable to the Company’s operations.
Penalty Interest Rates Act 1983 (clause 16(1)(c) and Second Schedule): Interest on overdue or disputed payments is tied to rates under the Penalty Interest Rates Act. Payments made under protest will attract interest calculated at the rate provided in that Act upon recovery claims.
Weights and Measures Act 1958 (clause 21(2)(a)): Where royalty is determined by mass the Company must provide a weighbridge that satisfies the Weights and Measures Act requirements and have it periodically verified and stamped. This imports metrology and trade measurement compliance into the Agreement’s operational mechanics.
Commercial Arbitration Act 1984 (clause 28(b)): The Agreement adopts the Commercial Arbitration Act as the procedural law for its mandatory arbitration references. That statute prescribes arbitration practice, available remedies and the enforceability of awards.

Other statutory interactions and public law considerations

Crown binding and statutory ratification (Act s 4 and s 5): The Act expressly binds the Crown (s 4) and ratifies the Agreement (s 5(1)). The Schedule thus operates as public law, not merely private contract. That elevation alters available remedies and standing: a breach by the Commission is a public entity’s failure to discharge statutory obligations rather than a private contractual claim alone, although arbitration is the agreed dispute resolution means for many issues (clause 28).
Repeal of prior statute (s 6): The Act repeals the Forests (Bowater‑Scott Agreement) Act 1971 (s 6). This indicates continuity and replacement of a previous statutory framework.
Ministerial reporting requirement (s 7): Amendments or termination of the Agreement in accordance with its provisions must be reported to both Houses of Parliament within specified sitting days (s 7). This creates a parliamentary oversight channel.
Future legislative change risk (clause 26(c) reference): The Agreement contemplates that “any amendment to legislation currently in force or to the Act which adversely affects the Company's position” is a qualifying event that could allow the Company to seek termination, suspension or modification; changes to the Forests Act or other relevant statutes are therefore a listed legal risk to the contract’s operation and a formal ground for relief.
Interaction with general public law duties and conservation obligations: The Commission’s duty to protect and manage State forests statewide is expressly recognised as limiting its performance obligations, e.g. clause 24(b) requires the Commission to balance making supply available with protection of State forests and avoidance of undue financial damage to the Commission or State revenues. That clause embeds a public interest modifier into supply obligations.
Administrative discretions subject to review: Several Commission discretions (e.g. determining charges where parties cannot agree, measurement places, imposition of conditions) are subject to arbitration or to constraints that new Conditions not be “more onerous” than those generally applied (clause 10(2)). Nonetheless, those discretions operate within administrative law constraints; decisions may attract judicial review where not covered by the arbitration route and where public law grounds exist, though the Agreement prefers arbitration for commercial disputes (clause 28).

Finally, the Table of Amendments shows a recorded amendment by the Conservation, Forests and Lands Act 1987 (No. 41/1987) to clause 5(2) (see Endnotes, Table of Amendments). The Act therefore sits in a live statutory environment and has been subject to subsequent legislative change recorded in its endnotes.

The Act as presented includes endnotes that record its legislative history up to the version dated 6 July 1999. The Schedule contains amendment/variation mechanisms too. Relevant recorded milestones in the statutory record are:

Enactment and commencement: The Forests (Bowater‑Scott Agreement) Act 1986 was assented to on 6 November 1986 and came into operation the same day (Endnotes, General Information). The parliamentary second reading dates are recorded: Legislative Assembly 11 September 1986 and Legislative Council 28 October 1986 (Endnotes).
Repeal of prior framework: Section 6 of the Act repealed the Forests (Bowater‑Scott Agreement) Act 1971, disposing of the earlier statutory form of the supply arrangements and replacing it with the 1986 Agreement (s 6).
Recorded subsequent amendment: The Table of Amendments in the Endnotes records that the Conservation, Forests and Lands Act 1987 (No. 41/1987) amended s 5(2) of the 1986 Act (see Endnotes, Table of Amendments). The notation indicates s 103 (Schedule 4 item 26.1) of the 1987 Act effected the amendment, with commencement of that amending provision on 1 July 1987 (Government Gazette 24.6.87 p. 1694). The Schedule itself shows s 5(2) before amendment empowered the Director‑General of Conservation, Forests and Lands to carry out the Agreement or the Agreement as amended from time to time; the Endnotes indicate that provision was revised by the later conservation statute.
Agreement internal amendment mechanisms: Clause 30 permits the Commission and the Company to agree on “additions deletions and variations of matters of detail … necessary or desirable to facilitate the carrying on of the industry.” Clause 30(2) permits the Commission and Company, with Ministerial approval, to determine the Agreement on terms they deem fit. Clause 17 sets a five‑year review cycle for the annual licence fee from April-June 1991 forward, and clause 12(5) allows the Commission to increase minimum annual supply by written agreement. These clauses are internal amendment routes that do not require external legislation, but clause 7 of the Act requires the Minister to lay a report before Parliament where the Agreement is amended or terminated in accordance with its provisions (Act s 7). Therefore some amendments can be executed administratively but will have parliamentary reporting consequences.
No other external amendments recorded in the published endnotes up to the 1999 incorporation date: The Table of Amendments lists only the 1987 Conservation, Forests and Lands Act modification. The Endnotes also record “Explanatory Details , No entries at date of publication,” implying no additional explanatory memoranda are appended.

Practical implications of amendment framing

The combination of statutory ratification (s 5(1)) and internal amendment pathways (clause 30) creates two strata of change: changes effected by mutual agreement of parties under the Agreement and changes effected by later Parliament. Where the Agreement is modified under clause 30, the Minister still has reporting obligations (Act s 7), keeping Parliament informed even where no new statute is passed.
The 1987 amendment to the empowerment provision (s 5(2)) that assigns powers to the Director‑General (per Endnotes) is an example of government administrative reorganisation being reflected in the Agreement’s implementation machinery. Readers should consult the amending Act’s text (Conservation, Forests and Lands Act 1987) for the precise wording and effect.

This recorded amendment history is limited in the Act’s endnotes. If later amendments occurred after the incorporated version (6 July 1999), they are not recorded in the materials supplied.

The legislative text and endnotes provided do not record any court decisions or judicial interpretations of the Act or the Agreement. The Schedule and endnotes name no cases. The Agreement envisions arbitration as the default forum for a wide range of disputes between the parties , for plan modifications, royalty determinations, charges for felling, and issues arising under clauses 26 and 27 (see clause 28) , which may reduce the incidence of reported court litigation.

What the text does record about dispute pathways

Arbitration under the Commercial Arbitration Act 1984 is the specified dispute resolution process for matters referred under the Agreement (clause 28(b)). Parties appoint two arbitrators (one each) (clause 28(a)); the arbitrators may investigate accounts and compel access to information (clause 28(d)). Arbitration decisions are therefore intended to be final and binding subject to the 1984 Act’s judicial review and enforcement provisions.
Payment under protest and recovery mechanism (clause 16(1)(c)) creates a statutory posture that forces cash settlement prior to final resolution of a dispute via arbitration or other proceedings. Overpayments can be claimed back with interest at the rate provided in the Penalty Interest Rates Act 1983.

Absence of reported litigation in the source

Because the supplied Act text and endnotes do not include case law citations, no litigation history can be asserted from this source. Researchers seeking reported disputes, arbitral awards, or judicial pronouncements should check court databases, arbitral registries, and contemporaneous administrative records beyond this Act’s text.

In practice, given the Agreement’s preference for arbitration and internal administrative remedies (including Ministerial oversight), many disputes arising under the Agreement may have been resolved out of court or in arbitration, and therefore may not appear in public court reports. To establish any litigation or arbitral history, one must search Victorian court records, published arbitral awards (if any), and archival material from the Commission and Bowater‑Scott.

The Agreement embeds several technical, timing, procedural and discretional features that can produce practical risks, bottlenecks and sources of dispute. Below are the key “gotchas” that users and advisers should note, with clause references.

Statutory ratification heightens consequences

Because s 5(1) makes the Agreement operate “as if its provisions had been expressly enacted in this Act,” the Agreement is public law, not merely a private commercial contract. That changes remedy pathways and the administrative law context, yet the Agreement itself reserves many disputes to arbitration (clause 28). Practitioners should be alert to overlaps between public law reviewability and the Agreement’s arbitration bargained‑for structure.

Take‑or‑pay exposure

Clause 15 imposes a take‑or‑pay‑style obligation: the Company must take not less than 90% of minimum annual pulpwood and of sawlog and veneer ≥20 cm CDUB or pay royalty on the deficiency. The Company can carry forward deficits for up to five years (clause 12(2)), but the 90% floor means partial non‑acceptance in a given year can generate immediate royalty liabilities.

Payment under protest and immediate cash drain

If the Company disputes a payment, clause 16(1)(c) requires payment “under protest” before pursuing recovery. This can create cashflow pressure in contested royalty or charge disputes because the Company must fund the disputed amount pending resolution.

Measurement and weighbridge duty

If royalties are mass‑based the Company must install and maintain a weighbridge meeting the Weights and Measures Act standards and keep it periodically verified and stamped (clause 21(2)(a)). If the weighbridge is not in working order, the Commission may direct alternate measurement procedures (clause 21(2)(c)). The cost and operational burden of maintaining compliant measurement infrastructure rests with the Company.

Commission discretions with limited objective constraints

The Commission can determine the charge for felling/removal where the Commission provides felling services and parties cannot agree within 14 days (clause 14(2)). That determination is subject to arbitration, but in interim the Commission’s unilateral determination could affect cashflows and operations.

Quality rejection rules create supply/price friction

Clause 13 allows the Company to reject pulpwood and sawlogs/veneer that fail defects or size criteria. Rejection rules depend on the Code of Practice (Third Schedule). Disputes about whether logs are “sound, clean and free” or within defect tolerances can be frequent and require joint measurement or arbitration resolution. Rejection may not relieve the Commission of obligations to deliver minimal supply; instead it may shift volumes or create replacement obligations.

Right of first refusal is qualified

The Company has a right of first refusal on Ovens Plantations volumes (clause 12(1)(a) proviso), but clause 8 preserves the Commission’s right to sell or grant licences under the Forests Act “not detrimental to the Company's rights.” Practical interpretation of “not detrimental” is an adjudicable question and may be a source of dispute if other purchasers compete for similar volumes.

Phased volumes and species mix constraints

The Agreement phases volumes up across multi‑decade horizons, and caps on Corsican and Douglas Fir inclusion (clause 12(1)) limit species substitution. The Company’s ability to substitute private plantation supply from about 2010 (preambles IV-V) is aspirational (“The Company will use its best endeavours …”) and not guaranteed, exposing the Company to supply concentration risk in State plantations.

Ministerial approval for termination

The Commission’s ability to determine the Agreement in many enforcement circumstances requires the Minister’s approval (clause 29), which adds a political step that may delay or alter enforcement outcomes.

Ambiguities in royalty calculation

Clause 18(2) refers the sawlog and veneer log royalty rate to a “Royalty Equation System” without providing the formula within the Agreement. Clause 19 then prescribes a formulaic approach for pulpwood after defined periods tied to ABS indices, or determination by agreement. The Royalty Equation System’s absence from the text creates potential uncertainty about exact price mechanics unless the system is defined elsewhere in administrative instruments or historical records. Disputes as to royalty bases are delegated to arbitration if not agreed.

Carry‑forward and offset interest mechanics

Clause 15(2) provides that excess taken in subsequent years reduces royalties previously paid on deficiency, with interest calculated at 60% of the 90‑day bank bill rate and adjudicated by nominated banks or arbitration if not available. The interest calculation is operationally complex and can create accounting and tax timing effects.

Environmental and forest protection constraints

Clause 24(b) requires the Commission to balance Company supply obligations with protection/management of State forests and avoidance of undue financial damage to the Commission or State revenues. That public interest balancing gives the Commission a statutory exit valve in severe plantation damage scenarios (fire, disease) but also gives rise to discretionary judgments that can frustrate Company expectations.

Limited remedies in statute if arbitration covers disputes

Because arbitration is the prescribed dispute resolution route for many matters (clause 28), the availability of court remedies is channelled. Parties should carefully map which disputes are arbitrable under the Agreement and which might be subject to judicial review as public law decisions.

These “gotchas” are mechanically grounded in the Agreement’s text. Users should treat them as operational and legal risk nodes, not as normative judgments.

Compliance under the Agreement requires operational, administrative and legal actions by Bowater‑Scott (the Company) and administrative processes by the Commission. Below is a pragmatic, clause‑referenced compliance checklist and recommended workflows.

For the Company (Bowater‑Scott Limited)

Maintain and monitor entitlement acceptance and take‑or‑pay obligations

Track minimum annual supply volumes set in clause 12 and ensure that in any year you take at least 90% of minimum pulpwood and of sawlog/veneer ≥20 cm CDUB or be prepared to pay royalty on the deficiency (clause 15(1)). Maintain a five‑year rolling ledger of deficits and excesses to use the carry‑forward mechanism (clause 12(2) and clause 15(2)). Monitor the expiry of the Agreement (30 June 2026) and initiate negotiations in the three final years if seeking extension (clause 32).

Budget for royalty and licence fee cashflows

Put in place budgeting and treasury processes to meet royalty and annual licence fee timelines. The licence fee is payable each year on 30 June with respect to supply required the following year (clause 17(3)). Royalty arrears can trigger suspension of supply after statutory deadlines (clause 16(1)(b)) and attract penal interest (clause 16(1)(c)).

Invest in measurement infrastructure and verification

If royalties are determined by mass, install, operate and maintain a weighbridge that complies with the Weights and Measures Act 1958 and ensure periodic verification and stamping (clause 21(2)(a)). Where the weighbridge is non‑operational, be ready for Commission‑directed alternate measurement procedures (clause 21(2)(c)). Recordkeeping and verification protocols should be robust to support payment under protest claims (clause 16(1)(c)).

Quality control and rejection protocol

Establish on‑site inspection regimes that ensure pulpwood and logs meet the “sound, clean and free” criteria and size tolerances in clause 13 and the First and Third Schedules. Where logs are accepted with defects they must be measured and allowed under the Code of Practice (Third Schedule). Negotiate clearly documented acceptance procedures in the plan of utilisation discussions (clause 9).

Contractor management

Include the specified compliance clauses in every contract with contractors obtaining softwood under the Agreement: compliance with the Forests Act 1958, Commission conditions and licence conditions (clause 23(3)(a)). Maintain an annually updated list of names of servants, agents and contractors engaged under the Agreement and provide evidence to forest officers when required (clause 23(1)-(2)).

Plan consultation and modification requests

Engage proactively with the Commission on the annual plan of utilisation. The Company has 60 days to request modifications after delivery of the plan (clause 9(2)). Prepare commercial justification showing benefit to both parties and conformity with proper forest management; if the Commission unreasonably refuses, the Company may refer the modification to arbitration (clause 9(2)).

Dispute preparation and arbitration readiness

Given the obligation to pay under protest (clause 16(1)(c)), set up legal and funding reserves to cover disputed payments pending arbitral resolution. Prepare documentation to support positions on royalties, charges for felling and defects, including historical production records, weighbridge logs, defect assessments and correspondence.

Insurance and force majeure monitoring

Maintain insurance consistent with the industry standard to cover plant/work site damage and be ready to invoke clause 26 if plant damage, war, strike, legislative change or other extraordinary events make performance commercially impracticable. Be familiar with the application, negotiation, and arbitration pathways set out in clause 26, including timelines (e.g. 15 weeks negotiation window, arbitration triggers after 1 July 1991 in certain contexts).

For the Commission (State agency)

Timely plan delivery and consultation

Prepare and deliver the annual plan of utilisation and provisional four‑year plan by the dates mandated (for the initial year 1986-87 “forthwith” and thereafter by 31 December each year for the next year, clause 9(1)). Ensure records of consultations and justifications for location/volume choices to support reasonableness in the event of disputes.

Ensure non‑detriment to other rights and manage competing entitlements

Clause 8 preserves the Commission’s rights to sell to others but requires that commission activities be not “detrimental to the Company's rights.” Document allocations, the existing entitlement of about 20,000 m3 in Ovens Plantations (clause 12(1)(a)), and the reasoning when allocating volumes to other licensees to defend against Company complaints.

Consistent conditions and licence‑style regulation

When imposing conditions under clause 10(2), ensure they are no more onerous than those generally applied statewide in equivalent forest management circumstances. Maintain records comparing conditions applied to Bowater‑Scott with conditions applied to other licencees.

Charges for felling and removal

Where the Commission performs felling/removal and a charge cannot be agreed within 14 days, prepare transparent costings as provided by clause 14(2) showing the actual cost comparisons and supporting data for any Commission determination. Be prepared for arbitration and maintain accessible accounts for arbitrators (clause 28(d)).

Damage and contingency responses

Implement formalised “best endeavours” procedures for responding to damage beyond control (clause 24), including salvage protocols (clause 25) and documented assessments of economic viability of alternative supplies.

Enforcement protocol and Ministerial liaison

For enforcement under clause 29, follow the notice steps strictly: written notice within 14 days of awareness, 90‑day remedy period, and seeking Ministerial approval prior to determining the Agreement where required. Keep Minister’s office informed and prepare parliamentary reports where the Agreement is amended or terminated (Act s 7).

Cross‑party operational steps

Audit trails and data sharing

Both parties should maintain contemporaneous records of harvest volumes, measurement data, plan correspondence, weighbridge verification certificates, and financial transactions. Arbitration provisions authorise arbitrators to investigate accounts and require production of documents (clause 28(d)); failing to maintain records weakens one’s position.

Regular reviews and triggers

Schedule internal review meetings keyed to the licence fee review cycles (clause 17(5)), plan delivery dates (clause 9), and the five‑year carry‑forward window (clause 12(2)). Use these cycles to identify emerging supply or price stress and to negotiate proactive adjustments rather than reactive disputes.

Parliamentary and public obligations

Where amendments or terminations occur in accordance with the Agreement, the Minister must lay a report before both Houses of Parliament within specified sitting days (Act s 7). Parties should coordinate reporting and public communication to align with statutory timelines.

Legal preparedness

Maintain arbitration counsel and technical experts (forest engineers, timber measurers) on retainer or engaged promptly when disputes arise. Because payments under protest are required, ensure legal strategies factor in cashflow and potential recovery timelines.

By following these operational steps that are directly linked to clauses in the Agreement (for example clauses 9, 10, 12, 14, 15, 16, 17, 21, 23, 24-29 and Schedules 1-3), both parties can reduce the incidence of disputes, comply with statutory obligations, and preserve legal rights where disagreements cannot be avoided.

(See earlier “Amendment history” head; this section duplicates the statutory amendment record with emphasis on practical consequences.)

Recorded legislative amendments and administrative mechanisms

The original Act (1986) ratified the Agreement set out in the Schedule and repealed the 1971 Act (s 6). The Agreement itself embeds mechanisms for administrative amendments without Parliament enacting a new statute: clause 30 allows the Commission and Company to amend “matters of detail” by agreement, and clause 30(2) permits determination of the Agreement with Ministerial approval. Clause 17 embeds scheduled reviews for the annual licence fee (between 1 April and 30 June 1991 and at five‑year intervals thereafter) with a formal joint review process and an arbitration fallback if the parties cannot agree (clause 17(5)).
The Endnotes list one subsequent legislative amendment to the 1986 Act: the Conservation, Forests and Lands Act 1987 (No. 41/1987) amended s 5(2) of the 1986 Act (Endnotes, Table of Amendments). The 1987 change, commencing 1 July 1987, concerned empowerment of the Director‑General of Conservation, Forests and Lands to carry out the Agreement, reflecting administrative restructuring of departmental responsibilities.

Parliamentary reporting requirement

Section 7 of the Act requires that if the Agreement is amended or terminated “in accordance with its provisions,” the Minister must cause a report giving details to be laid before both Houses of Parliament before the expiry of the fourteenth sitting day of the relevant House after amendment or termination. This creates public transparency even where the Agreement is modified administratively.

Internal review/adjustment triggers embedded in the Agreement

Licence fee review: clause 17(5) sets out detailed criteria for review including competitive position, domestic price changes compared to consumer price index, landed price of imports, and industry cost indices. The review must be conducted jointly by Commission and Company and is time‑limited (no longer than 30 June in the year it commenced), with arbitration as a fallback.
Minimum supply adjustment: clause 12(5) allows the Commission to increase minimum annual supply by written agreement. Clause 12(3) contemplates that the Commission may offer additional volumes in any year at its discretion. Clause 4 permits assignment subject to Commission consent in some contexts.

Consequences for legal and commercial planning

The statutory record shows limited external legislative amendments beyond 1987 up to the 1999 incorporated version. However, the Agreement itself provides for numerous administrative adjustment paths. Parties and advisers should therefore search departmental records and subsequent legislation for any later changes after 1999 and review Commission decisions and ministerial reports pursuant to s 7 to capture administrative variations or terminations carried out under the Agreement’s own amendment pathways.

(Repeated as required by the output format; the Act text does not furnish litigation detail.)

There are no court cases, arbitral awards or judicial decisions named or summarised in the Act text or endnotes provided. The Agreement prescribes arbitration under the Commercial Arbitration Act 1984 for many disputes (clause 28), which may have resulted in non‑public arbitral outcomes. To establish any litigation or arbitration history arising from this Agreement, users must consult Victorian court records, arbitral registries, administrative archives of the Forests Commission (or its successor agencies), ministerial reports required under s 7, and contemporaneous press and industry records. The absence of reported cases in the supplied text does not imply that disputes did not occur; it reflects only the document’s contents.

(Repeated as required by the format; see earlier “Gotchas” for clause references and practical risk points.)

Some of the most salient operational and legal pitfalls:

Liquidated ambiguity in pricing mechanisms: the “Royalty Equation System” for sawlogs/veneer is referenced but not set out (clause 18(2)), creating potential interpretive conflict if the system’s parameters are not separately documented and agreed. Reliance on ABS indices for pulpwood after 1989 reduces some uncertainty, but for sawlogs/veneer the absence of a formula in the Schedule is a notable gap.
Payment under protest as an enforcement choke point (clause 16(1)(c)): although preserving the right to reclaim overpayments, the rule forces immediate cash outflows and may deter prolonged disputes only by advantaging the Commission’s cash position.
Requirement to maintain a Weights and Measures Act‑compliant weighbridge (clause 21(2)(a)): underinvestment or downtime can impose alternative measurement regimes with Commission direction or arbitration, and may also affect royalty accounting.
Ministerial approval to terminate produces external political risk for both enforcement and Company security (clause 29). The Minister’s discretion and political accountability may lengthen dispute resolution cycles.
Carry‑forward and offset arrangements (clause 12(2) and clause 15(2)) create complicated accounting flows and interest calculations (60% of the 90‑day bank bill rate), potentially producing disputes about timing, available volumes and interest computations.
Commission’s balancing duty to State forest protection gives the Commission a statutory basis to reduce supply where protection or broader State revenue considerations warrant (clause 24(b)). The clause explicitly excuses the Commission from liability where damage is beyond its control and requires it to use “best endeavours” to provide economically viable supply. That can be read as permitting supply reductions for legitimate conservation/management reasons, but the absence of precise metrics leaves scope for contested interpretation.
Quality and defect measurement disputes tend to be technical and frequent: the Third Schedule’s defect allowance procedures are precise but rely on field measurements and discretionary judgement (e.g. allowances for knots, bends, cone holes). Measurement differences can lead to payables disputes and require expert evidence.
Rights preserved for others: the Agreement recognises existing entitlements and does not extinguish them (clause 7 and clause 12(1)(a) reference to about 20,000 m3). These pre‑existing allocations and other purchasers’ rights can constrain the Company’s effective supply in practice.

Advisers should map these risks to operational controls: ensure measurement accuracy, maintain insurance and reserves, pre‑position for arbitration, and monitor ministerial reporting and administrative records for unilateral or agreed adjustments to the Agreement.

This final section provides a practical compliance roadmap arranged by timeline and functional area, with clause references for operationalising duties and avoiding enforcement triggers.

Immediate and ongoing tasks

Governance and recordkeeping

Maintain a compliance register keyed to clauses: plan delivery (clause 9), licence fee review cycles (clause 17(5)), take‑or‑pay obligations (clause 15), measurement and weighbridge compliance (clause 21), contractor lists and contract terms (clause 23), and reporting triggers for amendment or termination (Act s 7).
Retain documentary evidence of plan consultations, supply offers, quality rejections, weighbridge verification stamps, royalty calculations and payments, and all notices received or served under clause 29.

Financial controls

Establish escrow or internal reserves to pay royalties “under protest” where disputes arise (clause 16(1)(c)). Schedule licence fee payments for 30 June each year for the following year’s required supply (clause 17(3)). Prepare for interest exposure on overdue accounts governed by the Penalty Interest Rates Act 1983 (clause 16(1)(c) and Second Schedule).

Measurement and technical compliance

If royalties are determined by mass, install and maintain a compliant weighbridge per Weights and Measures Act 1958, with periodic verification and stamping (clause 21(2)(a)). For defect measurement and allowance, train technical staff in the Third Schedule Code of Practice procedures to limit disputes (Third Schedule).

Contract and contractor governance

Include the required compliance obligations in every contractor agreement (clause 23(3)(a)). Keep an annually updated list of authorised servants, agents and contractors and supply evidence on request to forest officers (clause 23(1)-(2)). Ensure contractors’ insurance covers felling/plant risk and aligns with the Company’s contract obligations.

Yearly and cyclical tasks

Plan of utilisation engagement (annual)

Engage with the Commission during preparation of the annual plan of utilisation and provisional four‑year plan, ensure submission of modification requests within 60 days after plan delivery and prepare grounds demonstrating commercial benefit and consistency with proper forest management (clause 9(1)-(2)). If the Commission refuses unreasonably, prepare a case for arbitration.

Licence fee review (five‑year cycles)

Participate in the joint reviews of the annual licence fee (first between 1 April and 30 June 1991 and at five‑year intervals thereafter) with documentation on the Company’s competitive position, relative price changes, landed import prices and capital and labour costs to support negotiation (clause 17(5)). If no agreement is reached, be ready to refer to arbitration promptly to avoid unilateral interim fee imposition.

Monitor long‑term supply strategy

Track plantation performance (fire, disease vulnerability) and maintain contingency plans for sourcing private plantations as envisaged in the Agreement’s recitals (preamble IV-V). If a severe supply interruption occurs, understand the clause 24 process (Commission uses “best endeavours”) and clause 26 application/negotiation/arbitration timing.

What to do on receipt of a breach notice

If the Commission serves notice under clause 29 alleging a remedy‑capable breach, take remedial action within 90 days where possible and maintain contemporaneous records showing steps taken to remedy. If the Commission alleges an irremediable breach, seek clarification and consider immediate legal advice; if the Company repeats the conduct within 90 days after a “desist” notice, the Commission may apply to terminate the Agreement with Ministerial approval (clause 29(2)-(4)).

Dispute handling and arbitration

For disputes subject to arbitration, appoint an experienced arbitrator and assemble expert evidence early, particularly in technical disputes around measurement, defect allowances or charge calculations (clause 28). Prepare to comply with the Commercial Arbitration Act 1984 procedures. Where payments are in dispute, pay under protest to preserve rights to recover, and commence recovery proceedings or arbitration promptly.

Ministerial and parliamentary interface

If the Agreement is amended or terminated in accordance with its provisions, ensure the Minister complies with s 7’s parliamentary reporting obligation. Coordinate communications and documentation to ensure transparency and to support parliamentary oversight.

Risk mitigation and strategic planning

Hedge supply risk through alternative sources where commercially available, consistent with the Agreement (the Company’s obligation to use best endeavours to source private plantation supply was recorded in the recitals). Maintain insurance and contingency funds for plant damage, salvage operations (clause 25), and adapt operational plans when plantation damage triggers clause 24 protections.

Practical checklists by clause reference

Clause 9: Track plan delivery dates; file modification requests within 60 days with written commercial justifications.
Clause 10: Maintain compliance with the Forests Act 1958 and monitor any additional Conditions delivered within the one‑month or annual windows.
Clause 12: Monitor and document annual supply volumes, species mix and any offers of extra volumes.
Clause 13 and Schedules 1-3: Implement defect measurement protocols and keep records of rejected/accepted logs with supporting measurements.
Clause 14-19: Maintain financial and accounting systems to compute royalties and licence fee adjustments, and make payments on time.
Clause 21: Keep weighbridge verified; if out of service, agree on an interim measurement method with the Commission or plan for arbitration.
Clause 23: Keep contractor lists current and ensure contracts include required compliance terms.
Clauses 24-27: Have contingency, insurance and arbitration escalation plans for force majeure or commercial impracticability events.
Clause 28: Keep arbitration counsel and documentary evidence ready; ensure access to accounts for arbitrators as required.
Clause 29: Implement an internal compliance remediation protocol to respond to Commission notices within 90 days.

Following these steps and mapping responsibilities clearly to clauses reduces the risk of enforcement action, preserves contractual and statutory rights, and equips either party to use the Agreement’s arbitration and amendment pathways efficiently.

Forests (Bowater-Scott Agreement) Act 1986

Plain English Summary

Deep Dive

What it does

Current sections

Forests (Bowater-Scott Agreement) Act 1986

Source text: opening excerpt

1 Forests (Bowater-Scott Agreement) Act 1986

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Amendment history

Litigation history

Gotchas

How to comply