Victorian Legislation and Parliamentary Documentsi
Version No. 001
Forests (Masonite Agreement) Act 1956
Act No. 6046/1956
Version incorporating amendments as at 21 February 2001
TABLE OF PROVISIONS
Section Page
Short title and commencement 2
Definitions and expressions 2
Act to bind the Crown 3
Ratification and enforcement of Agreement 3
Regulations 3
SCHEDULE—Agreement 5
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ENDNOTES 22
General Information 22
Table of Amendments 23
Explanatory Details 24
Victorian Legislation and Parliamentary Documents1
Version No. 001
Forests (Masonite Agreement) Act 1956
Act No. 6046/1956
Version incorporating amendments as at 21 February 2001
An Act to ratify validate approve and otherwise give effect to an
Agreement between the Minister of Forests the Forests
Commission and Masonite Corporation (Australia) Pty. Limited
with respect to the Establishment of an Industry for the
Manufacture of Masonite and Hardboard from Pulpwood, and
for other purposes.
Preamble
WHEREAS an Agreement with respect to the
establishment of the Masonite and Hardboard
industry in Victoria was made on the tenth day of
October One thousand nine hundred and fifty-six
between the Honorable Gordon Stewart McArthur
in his capacity of Minister for Forests for the time
being for and on behalf of the State of Victoria of
the first part and the Forests Commission of the
second part and Masonite Corporation (Australia)
Pty. Limited being a company incorporated in the
State of New South Wales of the third part:
AND WHEREAS by the said Agreement it is
provided that the said Agreement shall not be of
any force or effect until it has been ratified
validated approved and otherwise given effect by
an Act of the Parliament of Victoria:
AND WHEREAS it is expedient to ratify validate
approve and otherwise give effect to the said
Agreement and to make other provision as
hereinafter enacted:
Victorian Legislation and Parliamentary DocumentsAct No. 6046/1956
Forests (Masonite Agreement) Act 1956
2
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Short title and commencement
(1) This Act may be cited as the Forests (Masonite
Agreement) Act 1956.
(2) This Act shall come into operation on a day to be
fixed by proclamation of the Governor in Council
published in the Government Gazette.
Definitions and expressions
In this Act unless inconsistent with the context or
subject-matter—
(a) "the Agreement" means the Agreement a
copy of which is set out in the Schedule to
this Act;
"Forest Area" means State Forest existing
from time to time within the area
surrounded by a red verge on the map
annexed to the original of the
Agreement which has been endorsed
by the Honorable Gordon Stewart
McArthur the Forests Commission and
the Corporation and is held by the
Crown Solicitor for Victoria or if that
area is varied in accordance with
clause 17 of the Agreement means the
area as so varied;
(b) expressions used in this Act shall have the
meanings respectively assigned to them in
the Agreement.
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3. Act to bind the Crown
This Act shall bind the Crown.
4. Ratification and enforcement of Agreement
(1) The Agreement is hereby ratified validated and
approved.
(2) Notwithstanding anything in any Act the Minister
the Director-General of Conservation, Forests and
Lands and all other officers concerned are hereby
empowered to carry out the Agreement and to
enter into all agreements provided for by it and in
particular the Director-General of Conservation,
Forests and Lands is hereby empowered (but only
for the purposes of and subject to the Agreement)
to enter into contracts with other persons for the
felling or removal or felling and removal of
pulpwood in or from the Forest Area.
5. Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) regulating and controlling the manner of
cutting felling obtaining or removing
pulpwood in or from the Forest Area;
(b) prescribing covenants terms and conditions
to be included in leases licences permits or
authorities granted or issued after the
commencement of this Act under the Forests
Acts which will facilitate the transport of
pulpwood for the Corporation or the supply
of pulpwood to it; and
(c) any matter or thing authorized or required
under the Agreement to be prescribed by
regulation.
s. 3
S. 4(2)
amended by
No. 41/1987
s. 103(Sch. 4
item 27.1).
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(2) Any person who contravenes or fails to comply
with—
(a) any regulation made under paragraph (a) of
the last preceding sub-section shall be liable
to a penalty of not more than One hundred
pounds or to imprisonment for not more than
three months; and
(b) any other regulation made under the last
preceding sub-section shall be liable to a
penalty of not more than Fifty pounds.
(3) All regulations made under this Act shall be
published in the Government Gazette and shall be
laid before both Houses of Parliament within
fourteen days after the making thereof if
Parliament is then sitting and if Parliament is not
then sitting then within fourteen days after the
next meeting of Parliament, and a copy of all such
regulations shall be posted to each member of
Parliament.
s. 5
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SCHEDULE
THIS AGREEMENT is made the tenth day of October One thousand nine
hundred and fifty-six BETWEEN The Honorable GORDON STEWART
McARTHUR in his capacity as Minister of Forests for the time being of the
State of Victoria (hereinafter called "the Minister") for and on behalf of the
State of Victoria of the one part FORESTS COMMISSION incorporated by
the provisions of the Forests Act 1928 of the said State (hereinafter called
"the Commission") of the second part and MASONITE CORPORATION
(AUSTRALIA) PTY. LIMITED a company incorporated in the State of New
South Wales the registered office of which in Victoria is situate at
533 Collins-street Melbourne (hereinafter called "the Corporation") of the
third part—
WHEREAS:
I. The Corporation is desirous of establishing in the State of Victoria the
industry of manufacturing Masonite and other forms of hardboard from
pulpwood obtained from forests controlled by the Commission in the
Forest Area defined in clause 1 of this Agreement.
II. Before the Corporation incurs the expenditure involved in the industry it
will be necessary for it to be satisfied that certain rights and powers
incidental to the establishment and carrying on of the industry will be
assured to it.
III. In order to effectuate the establishment and carrying on of the industry
the parties hereto are desirous of entering into the Agreement following
so that upon its ratification validation and approval by the Parliament of
the State of Victoria the Commission and the Corporation shall become
bound in manner hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:
PART I—PRELIMINARY
Definitions
In this Agreement unless inconsistent with the context or
subject-matter—
"the Act" means the Act of the Parliament of Victoria to be
passed to ratify validate approve and otherwise give
effect to this Agreement;
"this Agreement" includes this Agreement as from time to
time amended;
Preamble,
section 2.
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"commercial production" means production by the
Corporation at a rate of not less than 10 000 tons a
year continued for at least one month of Masonite
from pulpwood obtained under this Agreement;
"Commission" means the said Forests Commission and if
that Commission ceases to exist means the body
corporate or persons for the time being charged with
the duties or substantially the same duties now
performed by the Forests Commission;
"Corporation" means the said Masonite Corporation
(Australia) Pty. Limited and if in accordance with
clause 4 of this Agreement a subsidiary company is
incorporated or the rights of the Corporation are
assigned to any company includes that subsidiary or
assignee company;
"date of commencement" means the first day of the month
following the date of the commencement of the Act;
"Forest Area" means State forest existing from time to
time within the area surrounded by a red verge on the
map annexed hereto or if that area is varied in
accordance with clause 17 hereof that area as so
varied;
"forest officer" has the same meaning as in the Forests Act
1928;
"forest produce" has the same meaning as in the Forests
Act 1928;
"the industry" means—
(a) manufacture by the Corporation in the State of
Victoria of Masonite from pulpwood; and
(b) investigations preliminary to and in connexion
with such manufacture and the supply and
preparation materials therefor; and
(c) the carrying on of processes incidental to such
manufacture;
"Masonite" includes any other form of hardboard;
"minimum annual supply of pulpwood" means—
(a) until the end of the year within which the date
of commencement falls and for the three years
next following—nil;
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(b) for the fourth year next following the year
within which the date of commencement falls
50 000 tons; and
(c) thereafter—60 000 tons a year;
"Minister" means the responsible Minister of the Crown
for the time being administering the Forests Act
1928;
"mixed species" means any species of tree (other than
Eucalyptus delegatensis syn. Eucalyptus gigantea and
Eucalyptus regnans) the timber of which is suitable
for use in making Masonite;
"month" means calendar month;
"pulpwood" means timber stripped of bark and suitable for
use in making Masonite;
"State forest" has the same meaning as in the Forests Act
1928;
"term of this Agreement" means—
(a) the period of fifty years commencing on the
date of commencement; or
(b) if this Agreement is determined before the
expiration of that period the period
commencing on the date of commencement and
ending on the date of determination;
"timber" has the same meaning as in the Forests Act 1928;
"ton" means 2240 pounds weight;
"year" means calendar year and "annually" has a
corresponding meaning.
2. Interpretation
(1) In this Agreement unless inconsistent with the context or
subject-matter references to any Act shall include all
amendments thereof for the time being in force and all later
Acts by which provisions of the former Act are re-enacted
with or without modification and all supplemental
legislation for the time being in force whether by regulation
rule proclamation or order made under authority conferred
by that Act or any amendment or re-enactment thereof.
(2) The headings and sidenotes shall not affect the interpretation
of this Agreement.
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3. Agreement to be ratified by Act of Parliament
(1) This Agreement shall not be of any force or effect until it
has been ratified validated approved and otherwise given
effect by an Act of the Parliament of Victoria.
(2) The Minister undertakes that he will use his best
endeavours—
(a) to introduce as soon as possible into the said
Parliament a Bill to ratify validate approve and
otherwise give effect to this Agreement which Bill
shall provide for the Act coming into operation on a
date to be proclaimed; and
(b) to have the said date proclaimed not later than three
months after the date on which the Act is passed by
the said Parliament.
4. Operation of industry by subsidiary or assignee company
(1) The Corporation shall be at liberty at any time with the
consent of the Minister in writing signed by him—
(a) to procure the incorporation of a subsidiary company
to exercise as the nominee of the Corporation its
rights under this Agreement and the Act; and
(b) to assign its rights under this Agreement and the Act
to such subsidiary company or to any other company.
(2) After such incorporation or assignment and after notice
thereof to the Minister the following provisions shall have
effect—
(a) the subsidiary or assignee company shall by virtue of
the assignment and the Act be subject to all the
obligations and conditions imposed upon the
Corporation by this Agreement so far as they remain
in force and are capable of taking effect;
(b) the Corporation shall remain responsible to the
Minister and the Commission for the performance of
all its obligations under this Agreement as if no
subsidiary company had been formed or assignment
made.
5. Commission to recognize that business is competitive, &c.
In using its powers and applying its discretions whether
under this Agreement or the Act or the Forests Act 1928 the
Commission shall give full recognition to the fact that the
Corporation is engaged in a competitive business and so far
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as the interests of proper forest management allow the
Commission (which shall be the sole judge of what is proper
forest management) shall so act in every reasonable way as
to enable and assist the Corporation to carry on the industry
in the most economic manner.
PART II—OPERATION OF INDUSTRY
Division A—Duration of Agreement
6. To cease after 50 years or upon sooner determination
The provisions of this Agreement shall remain in force until
the expiration of the term of this Agreement and thereupon
the rights interests powers and privileges granted to the
Corporation shall determine.
7. Saver of rights
The cessation of the effect of this Agreement shall not affect
the enforcement of any right obligation or liability
theretofore acquired accrued or incurred.
Division B—Timber Rights
8. Application of Forests Act
The Forests Act 1928 shall apply to and with respect to all
operations of the Corporation in the Forest Area except in so
far as that Act may be inconsistent with the provisions of
this Agreement.
9. Savings of rights of lessees, &c.
(1) Save as expressly provided by this Agreement or the Act
nothing in this Agreement or the Act shall affect the rights
powers and privileges acquired (whether before or after the
commencement of the Act) under the Forests Act 1928 or
any other Act by any person.
(2) Notwithstanding anything contained in this Agreement or
the Act any person who has acquired any rights powers and
privileges as aforesaid shall be entitled to the full and free
right of entry to the area in respect of which they were or are
acquired.
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10. Requirements of the general public
Subject to the Commission's compliance with the
obligations expressed in clause 14 hereof nothing in this
Agreement shall operate so as to restrict the Commission's
rights pursuant to the Forests Act 1928 to sell forest
produce to meet the reasonable requirements of the general
public. The Commission shall be the sole judge as to what
are reasonable requirements within the meaning of this
clause.
11. Plan of utilization
(1) Within three months after the date of commencement the
Corporation shall deliver to the Commission a statement of
the quantity of pulpwood which it desires to obtain from the
Forest Area during the period (in this clause called "the first
period") which comprises the remainder of the year in which
the date of commencement occurs and the two years next
following.
(2) Within three months after receipt of the statement referred to
in sub-clause (1) hereof the Commission shall draw up and
deliver to the Corporation a plan of utilization for the first
period.
(3) During the last three months of—
(a) the year commencing on the first day of January next
following the date of commencement; and
(b) the second year of each period of three years after the
first period—
the Corporation shall deliver to the Commission a statement
of the quantity of pulpwood which it desires to obtain
annually during the next succeeding period.
(4) Within nine months after the receipt of a statement in
accordance with sub-clause (3) hereof the Commission shall
draw up and deliver to the Corporation a plan of utilization
for the period in respect of which the statement is prepared.
(5) The Commission and the Corporation may during the
currency of any plan of utilization agree to a modification of
the plan.
(6) The Corporation shall conform with each plan or modified
plan of utilization.
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12. Operations to be carried out to satisfaction of Commission
(1) The Corporation shall carry out or cause to be carried out to
the satisfaction of the Commission all operations under this
Agreement on the Forest Area.
(2) The Corporation shall have the right (subject to the Act and
the Forests Act 1928 but without obtaining any lease
licence permit or authority so to do) either itself or by
contractors to fell and remove pulpwood from the Forest
Area.
13. Corporation's right to pulpwood
(1) Subject to the provisions of clause 10 hereof and to
compliance by the Corporation with the provisions of
clause 11 hereof the Corporation without obtaining any
lease licence permit or authority under the Forests Act 1928
shall have the exclusive right to obtain pulpwood from trees
of mixed species in the Forest Area other than any trees that
are indicated by a forest officer as being required for
silvicultural or watershed protection purposes.
(2) Notwithstanding anything herein contained the Commission
may make available to the Corporation from the Forest Area
pulpwood from trees of the species Eucalyptus regnans and
Eucalyptus delegatensis in such quantities from such
locations under such conditions and at such royalty rates as
are agreed upon from time to time between the Commission
and the Corporation.
(3) The Corporation shall take all pulpwood from timber of
mixed species available to it from operations carried out by
or on behalf of the Commission within the Forest Area:
Provided that the Corporation shall not be required under
this sub-clause to take any pulpwood in respect of which
delivery cannot be effected at the Corporation's works at
Eildon at an economic price and in the event of the
Commission and the Corporation being unable to agree in
any case as to whether the price is economic or not the
matter shall be determined in accordance with clause 32
hereof.
(4) Where pursuant to the last preceding sub-clause the
Corporation is not required to take any pulpwood the
Commission shall notwithstanding anything contained in
this Agreement be entitled to dispose of that pulpwood
either as pulpwood or otherwise in such manner and to such
persons as it thinks fit.
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(5) Any pulpwood taken by the Corporation under the
provisions of sub-clauses (2) and (3) of this clause shall for
the purposes of clause 18 and sub-clause (1) of clause 14
hereof be included in the quantity of pulpwood made
available by the Commission and taken by the Corporation.
14. Commission's obligation to supply
(1) The Commission—
(a) shall be bound in each year to make available to the
Corporation from the Forest Area such quantity of
pulpwood not exceeding 120 000 tons as the
Corporation may require;
(b) may in its discretion make available as aforesaid at
the request of the Corporation in any year a quantity
of pulpwood exceeding 120 000 tons.
(2) Any pulpwood of mixed species made available in
accordance with the last preceding sub-clause shall so far as
the Commission is able to do so be supplied in the following
proportions—
(a) Peppermint—55 per centum;
(b) Messmate—30 per centum;
(c) other species—15 per centum.
15. Specification for pulpwood
The Corporation shall be bound to accept or take any
pulpwood which is not less than four feet in length and
which has a minimum diameter at the smaller end of not less
than four inches.
16. Price
For all pulpwood obtained by the Corporation under this
Agreement it shall pay—
(a) as to pulpwood which the Corporation either by itself
or its contractors fells and removes—the royalty
payable from time to time under the provisions of this
Agreement; and
(b) as to pulpwood obtained from timber either felled or
felled and removed by or on behalf of the
Commission—the royalty payable as aforesaid
together with a fair and reasonable charge to be
agreed upon from time to time between the
Commission and the Corporation for the cost of
felling or of felling and removal of the timber:
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PROVIDED that if the Commission and the Corporation fail
to agree upon the amount of that charge it shall be
determined in accordance with clause 32 hereof.
17. Revision of Forest Area
Within one year prior to the expiration of each period of ten
years after the date of commencement—
(a) representatives of the Commission and of the
Corporation shall investigate the development of the
industry and the supplies of pulpwood available in the
Forest Area;
(b) in the light of each such investigation the
Commission—
(i) may increase the Forest Area by the inclusion
of an additional area of State forest within a
radius not exceeding forty miles from the
township of Eildon; or
(ii) may reduce the Forest Area to an area capable
in its opinion of producing supplies of
pulpwood adequate for the continuance of the
industry.
18. Corporation bound to take or pay for minimum supply
Subject to the provisions of clauses 29 and 30 hereof the
Corporation shall be bound in each year in which the
minimum annual supply of pulpwood to which it is entitled
in that year (in this clause called "the minimum quantity") is
available to it either—
(a) to take not less than 90 per centum of the minimum
quantity from the Forest Area; or
(b) if it takes less than 90 per centum of the minimum
quantity to pay royalty to the Commission on 90 per
centum of the minimum quantity at the rate payable in
that year under clauses 20 and 21 hereof.
19. Payment of royalty
The following provisions shall apply with respect to royalty
payable under this Agreement—
(a) royalty shall be payable at such times after the
amounts have been ascertained and in such manner as
the Commission from time to time determines; and
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(b) if any payment of royalty due by the Corporation
remains unpaid for sixty days after the Commission
has demanded payment thereof the Commission by
notice in writing to the Corporation may suspend its
right to obtain further supplies of pulpwood under this
Agreement until payment is made.
20. Rate of royalty during first twelve years
Royalty on all pulpwood obtained by the Corporation under
this Agreement during the period of twelve years
commencing on the date of commencement shall be paid at
the rate of One shilling and ten pence a ton.
21. Review of royalty after first twelve years
At any time after the expiration of twelve years after the
date of commencement the rate of royalty prescribed in the
last preceding clause may be reviewed at the instance of the
Commission or the Corporation so that—
(a) if the Commission and the Corporation fail to agree as
to the rate of royalty to be paid during any period the
rate shall subject to the succeeding provisions of this
clause be determined as provided in clause 32 hereof;
(b) in any such determination the arbitrators or their
umpire shall take into consideration any alteration in
circumstances and any other relevant matters which
either of the parties to the reference may bring before
the arbitrators or the umpire;
(c) the arbitrators or umpire or some person appointed on
their behalf may investigate the Corporation's affairs
and accounts so far as may be necessary for assisting
them towards a determination of a fair rate of royalty
and the officers of the Corporation shall give them
full access to all accounts and papers necessary for
that purpose and shall afford them full information
and assistance;
(d) any information obtained from the Corporation under
this clause shall be used only for the purposes of the
review or arbitration and shall be treated as
confidential;
(e) where a rate of royalty has been determined as
provided by this clause whether by agreement or
arbitration that rate shall come into force on the first
day of January after the determination and shall
continue in force for not less than five years after that
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first day of January unless the Commission and the
Corporation otherwise agree;
(f) the royalty determined as provided by this clause shall
be not less than One shilling and ten pence a ton.
22. Construction of roads, tracks, &c., by Corporation
(1) The Corporation shall not construct any road track passage
tramway chute or flume or building or erect any haulage or
conversion unit within the Forest Area without the consent
of the Commission or a forest officer previously obtained.
(2) The Corporation shall not commence the construction of any
road track passage tramway chute or flume within the Forest
Area until the plan of route and construction specifications
thereof have been approved by the Commission or a forest
officer nor shall it depart from any such plan or
specifications without the like approval first obtained.
23. Maintenance of roads and tracks
(1) Any road or track within the Forest Area constructed by the
Corporation shall be maintained by it to the satisfaction of
the Commission until such time as the Corporation informs
the Commission in writing that it no longer requires such
road or track whereupon the Corporation shall cease to have
any right over or obligation to maintain such road or track.
(2) The Corporation shall not be responsible for the
maintenance of any road or track within the Forest Area
constructed by the Commission but it shall be responsible
for and shall on demand by the Commission or a forest
officer make good any damage (normal wear and tear
excepted) to any such road or track caused by any vehicle
operated by or on behalf of the Corporation or its
contractors.
24. Use by others of roads and tracks constructed by Corporation
(1) The Corporation shall permit the passage over any road or
track within the Forest Area constructed by it of vehicles
used by any person to transport forest produce which the
Commission has authorized that person to obtain and any
person permitted by the Corporation pursuant to this sub-
clause to use any such road or track shall do so at his own
risk.
(2) The Corporation shall be entitled to make such charge or to
be otherwise recompensed for the use by such person of any
such road or track as the Commission may approve.
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(3) The Corporation shall permit without charge the passage
over any such road or track of any vehicle used by any forest
officer or any employé or contractor of the Commission.
(4) The Commission shall having regard to the matters
mentioned in clause 5 hereof do all in its power to ensure
that the operations of the Corporation in the Forest Area are
not unduly hampered by reason of the provisions of sub-
clause (1) of this clause.
25. Cartage units
Any cartage unit used by the Corporation or its contractors
in the Forest Area for the transport of pulpwood shall be—
(a) of a type and capacity approved by the Commission
or a forest officer; and
(b) maintained in a condition satisfactory to the
Commission or a forest officer.
26. Determination of quantity of pulpwood
(1) The Corporation shall throughout the currency of this
agreement provide at its works at Eildon and maintain in
accurate working order a weighbridge of a type approved by
the Commission.
(2) At all times while the said weighbridge is in accurate
working order the number of tons of pulpwood upon which
royalty is payable under this agreement shall be determined
by weighing the pulpwood on the said weighbridge.
(3) At all times while the said weighbridge is not in accurate
working order the number of tons of pulpwood upon which
royalty is payable under this agreement shall be determined
in such manner as may be agreed upon between the
Commission and the Corporation or failing agreement in
such manner as the Commission may direct.
(4) The Corporation shall at all times during the currency of this
agreement allow any person authorized by the Commission
in writing either generally or in any particular case to enter
any building or land of the Corporation at Eildon—
(a) to supervise the weighing of pulpwood on the said
weighbridge;
(b) to examine and test the condition working order and
accuracy of the said weighbridge; and
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(c) to ascertain whether the provisions of this agreement
and the Act and regulations made thereunder are
being observed by the Corporation.
27. Corporation to keep records, &c., and to make returns
(1) The Corporation shall keep books records maps and plans
recording the operations of the Corporation in connexion
with the industry and showing in respect of each year
particulars of—
(a) the quantity of pulpwood obtained by it from the
respective areas within the Forest Area from which it
obtains pulpwood in that year;
(b) the quantities of pulpwood obtained from—
(i) State forest other than the Forest Area; and
(ii) any source other than State forest;
(c) the quantities of pulpwood obtained from—
(i) Eucalyptus regnans and Eucalyptus
delegatensis; and
(ii) mixed species;
(d) the quantities of pulpwood obtained as—
(i) mill waste; and
(ii) all other types;
(e) such other particulars of a similar nature as may be
prescribed by regulation under the Act.
(2) The Corporation shall make such books records maps and
plans available for inspection at all reasonable times by the
Commission or an officer appointed by it for that purpose.
(3) The Corporation shall furnish to the Commission returns in
respect of the matters mentioned in sub-clause (1) of this
clause in such form and at such times as are prescribed from
time to time by regulation under the Act.
(4) The Commission or any person appointed by it shall be
entitled to require from the officers of the Corporation such
information and explanations as are necessary for the
purpose of testing and verifying the completeness and
accuracy of such records and returns. The Commission and
its officers shall keep strictly confidential any information
obtained under this sub-clause.
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28. Names and means of identification of foremen and others
To facilitate the forest operations of the Commission—
(a) the Corporation shall inform the Commission in
writing from time to time of the names of the foremen
contractors and other persons who are in charge of or
are directing the obtaining of pulpwood in the Forest
Area for the Corporation;
(b) the Corporation shall supply to each such person for
production when required to a forest officer evidence
in a form satisfactory to the Commission that he is
employed in the obtaining of pulpwood for the
Corporation and the Corporation shall forthwith
inform the Commission in writing whenever any such
person ceases to be so employed;
(c) the Corporation shall include in every agreement by it
with a contractor for the obtaining of pulpwood from
the Forest Area a provision that the contractor will not
do or suffer to be done anything which would
constitute a breach of the regulations under the Act
and the Forests Act 1928.
Division C—Suspension of Obligations and Conditions
29. Suspension if forests damaged, &c.
If any of the forests in the Forest Area are damaged or
destroyed by fire disease or other cause to such an extent
that it is impracticable for the Commission to comply with
the provisions of clause 14 hereof or if by reason of
anything beyond the control of the Commission it is
prevented from complying with those provisions then so
long as that state of affairs continues—
(a) the Corporation shall have no claim against the
Commission for the non-fulfilment of its obligations
under clause 14 hereof so far as non-fulfilment is due
to any such cause;
(b) the Corporation's obligations under this Agreement
shall be suspended.
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Forests (Masonite Agreement) Act 1956
19
30. Destruction of mill, &c.
If—
(a) the Corporation's mills or any works used in the
production of Masonite or the means of transport of
pulpwood are damaged or destroyed by fire or other
calamity to a sufficient extent to prevent the carrying
on of production at a rate of not less than 2000 tons a
month of Masonite from pulpwood obtained under
this Agreement;
(b) by reason of anything beyond the control of the
Corporation it is prevented from establishing the
industry or obtaining pulpwood or carrying on
production at a rate of not less than 2000 tons a month
of Masonite from pulpwood obtained under this
Agreement; or
(c) by reason of any change in the economics of the
industry the carrying on of the industry becomes
commercially impracticable or the continued
performance by the Corporation of its obligations
under this Agreement would affect it unfairly—
then in any of those events—
(i) the Corporation may apply to the Commission for the
suspension or a reasonable modification of the extent
or operation of any obligation binding on the
Corporation under this Agreement or for an extension
of time for the performance or observance thereof;
(ii) the Commission upon any such application by the
Corporation may grant a suspension of all or any of
the obligations binding upon the Corporation or a
reasonable modification of their extent or operation or
an extension of time for their performance or
observance;
(iii) if the Corporation is dissatisfied with the decision of
the Commission upon any such application or if the
Commission within two months after application by
the Corporation does not inform the Corporation of its
decision thereon the matter shall if the Corporation so
elects be determined as provided in clause 32 hereof.
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Forests (Masonite Agreement) Act 1956
20
Division D—Determination of Corporation's Rights
31. Commission may determine rights in certain events
If the Corporation—
(a) enters into liquidation (other than a voluntary
liquidation for the purpose of reconstruction and
assignment of rights under this Agreement); or
(b) delays the commencement of commercial production
beyond the period of three years commencing on the
first day of January next after the date of
commencement; or
(c) abandons or repudiates this Agreement;
the Commission may thereupon determine this Agreement
but such determination shall not affect the enforcement of
any right obligation or liability theretofore acquired accrued
or incurred.
Division E—Supplemental
32. Decision of matters to be agreed upon
Wherever in any clause of this Agreement it is provided that
any matter shall be determined in accordance with this
clause—
(a) that matter shall be referred to two arbitrators one to
be appointed by the Corporation and one by the
Commission;
(b) the provisions of the Arbitration Act 1928 (in
particular the provision allowing arbitrators to appoint
an umpire) shall apply to the reference as if it were a
reference by consent under that Act;
(c) the arbitrators so appointed and their umpire shall
have regard to all matters set out in the clause which
provides for determination of the matter under this
clause and shall decide according to what is fair and
reasonable having regard to the terms of this
Agreement and the circumstances existing at the time
of the reference.
33. Determination by consent
This Agreement may be determined at any time by the
consent of the Commission and the Corporation and upon
such terms as they may agree.
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Forests (Masonite Agreement) Act 1956
21
34. Amendment of Agreement in detail
The Commission and the Corporation 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.
IN WITNESS whereof the parties hereto have executed this Agreement the
day and year first before written.
Signed sealed and delivered by the said
GORDON STEWART McARTHUR in
the presence of
G. K. COCKBURN
L.S.
G. S. McARTHUR.
The common seal of FORESTS
COMMISSION was hereto affixed in
the presence of—
L.S.
A. O. LAWRENCE,
Commissioner.
C. M. EWART,
Commissioner.
The common seal of MASONITE
CORPORATION (AUSTRALIA) PTY.
LIMITED was hereto affixed by
authority of the Directors in the presence
of—
L.S.
E. S. WOLFENDEN, Director.
W. J. SMITH, Director.
Countersigned—
J. N. WALSH, Secretary.
═══════════════
Sch.
General Information
The Forests (Masonite Agreement) Act 1956 was assented to on
13 November 1956 and came into operation on 29 November 1956:
Government Gazette 28 November 1956 page 6525.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 6046/1956
Forests (Masonite Agreement) Act 1956
23
2. Table of Amendments
This Version incorporates amendments made to the Forests (Masonite
Agreement) Act 1956 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 27.1) on 1.7.87: Government
Gazette 24.6.87 p. 1694
Current State: This information relates only to the provision/s
amending the Forests (Masonite Agreement) Act
1956
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 6046/1956
Forests (Masonite Agreement) Act 1956
24
3. Explanatory Details
No entries at date of publication.
Endnotes