Victorian Legislation and Parliamentary Documentsi
Version No. 001
Forests (Wood Pulp Agreement) Act 1996
Act No. 16/1996
Version as at 30 March 1998
TABLE OF PROVISIONS
Section Page
Victorian Legislation and Parliamentary Documents1
Version No. 001
Forests (Wood Pulp Agreement) Act 1996
Act No. 16/1996
Version as at 30 March 1998
Preamble
An Agreement with respect to the supply of pulp
wood for the purposes of manufacturing wood pulp
was entered into on 24 May 1996 between the
Honourable Marie Tehan, Minister for
Conservation and Land Management for and on
behalf of the State of Victoria and AMCOR
Limited A.C.N. 000 017 372.
The Agreement provides that it is of no force or
effect until ratified and otherwise given effect by
Act.
It is expedient to ratify the Agreement.
The Parliament of Victoria therefore enacts as follows:
Purpose
The purpose of this Act is to ratify an Agreement
between the Minister administering the Forests
Act 1958 and AMCOR Limited with respect to
the supply of pulpwood for the manufacture of
wood pulp and for other purposes.
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.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
2
4. Act to bind the Crown
This Act binds the Crown.
5. Ratification of Agreement
(1) The Agreement is ratified and takes effect as if its
provisions had been expressly enacted in this Act.
(2) The Secretary to the Department of Natural
Resources and Environment is empowered to
carry out the Agreement.
6. Waiver of licence fees
A licence fee may be waived in whole or in part in
accordance with the Agreement despite anything
to the contrary in the Forests Act 1958 or
regulations under that Act.
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 the amendment or
termination to be laid before each House of the
Parliament before the expiration of the 14th sitting
day of that House after the Agreement is amended
or terminated.
8. Repeal
The Forests (Wood Pulp Agreement) Act 1961
is repealed.
s. 4
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
3
SCHEDULE
AMCOR AGREEMENT
THIS AGREEMENT is made the 24th day of May One thousand nine
hundred and ninety-six between the Honourable Marie Therese Tehan as
Minister for Conservation and Land Management for and on behalf of the
State of Victoria administering the Forests Act 1958 (the "Minister") of the
first part and AMCOR LIMITED (ACN 000 017 372) (the "Company") a
company incorporated in the State of New South Wales whose head office is
situate at Southgate, South Melbourne in the State of Victoria of the second
part—
RECITALS
WHEREAS:
I. On the twenty-eighth day of March One thousand nine hundred
and sixty-one the Honourable Alexander John Fraser in his
capacity as the Minister for Forests and Australian Paper
Manufacturers Limited, as the Company was formerly called,
entered into an agreement (hereinafter called the "original
agreement") which was ratified, validated and approved by an Act
of Parliament of the State of Victoria known as the Forests (Wood
Pulp Agreement) Act 1961.
II. The original agreement has been amended by other agreements
made between Ministers of the Crown and the Company which
were ratified validated and approved by the Parliament of the State
of Victoria by the Forests (Wood Pulp Agreement) Act 1966, the
Forests (Wood Pulp Agreements) Act 1974 and the Forests (Wood
Pulp Agreement) Act 1984.
III. The Minister and the Company desire to consolidate into one
agreement the original agreement as previously amended and
further amendments to the original agreement as previously
amended agreed by the Minister and the Company.
IV. The Company has been engaged in large scale operations in
connection with the manufacture of wood pulp and has established
a large paper making industry and the ancillary activities of
chemical manufacture and forestry in the State of Victoria.
V. The Company is a major contributor to the Australian economy
and the national timber industry has benefited significantly from
value adding and other initiatives of the Company.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
4
VI. Having regard to the matters hereinbefore recited the parties hereto
desire to enter into the following agreement so that upon its
ratification by the Parliament of the State of Victoria the
Company and the State of Victoria shall become bound by the
provisions hereinafter appearing.
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 Act of the Parliament of the State of Victoria
by which this Agreement is ratified.
"the Agreement" includes this Agreement as from time to time
amended.
"any Act" means any Act of the Parliament of the State of
Victoria.
"authorised officer" has the same meaning as in the Conservation,
Forests and Lands Act.
"Company" means AMCOR Limited (ACN 000 017 372) and if in
accordance with clause 5 of this Agreement a subsidiary company
is incorporated or the rights of the Company are assigned to any
company includes that subsidiary or assignee company.
"Commercial Arbitration Act" means the Commercial Arbitration
Act 1984 of the State of Victoria as amended from time to time.
"Conservation Forests and Lands Act" means the Conservation
Forests and Lands Act 1987 of the State of Victoria as amended
from time to time.
"date of expiration" means the thirtieth day of June in the year
Two thousand and thirty.
"Department" means the Department of Natural Resources and
Environment and any successor department.
"Forests Act" means the Forests Act 1958 of the State of Victoria
as amended from time to time.
"Forest Area" means State forest existing from time to time within
the area surrounded by a green verge on the map annexed hereto or
if that area is varied in accordance with clause 15 hereof that area
as so varied.
"forest of regrowth" means any forest in which the majority of the
trees are less than sixty years of age.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
5
"forest produce" has the same meaning as in the Forests Act.
"the industry" means
(a) the manufacture by the Company in the State of
Victoria of wood pulp from pulpwood;
(b) investigations preliminary to and in connection with
such manufacture and the supply and preparation of
materials therefor; and
(c) the carrying on of processes incidental to such
manufacture.
"Land Act" means the Land Act 1958 of the State of Victoria as
amended from time to time.
"mill waste" means edgings and other waste timber cut from logs
in the course of sawmilling.
"minimum annual supply of pulpwood" means the annual
quantities of pulpwood of various types which the Secretary is
bound to make available or the Department is bound to deliver
from time to time in accordance with clause 14 hereof.
"Minister" means the responsible Minister of the Crown for the
time being administering the Forests Act.
"month" means calendar month.
"mountain forest" means any eucalypt forest in which the
predominating species is Eucalyptus regnans or Eucalyptus
delegatensis or both of them.
"original agreement" means the agreement defined in the Forests
(Wood Pulp Agreement) Act 1961 of the State of Victoria as
amended from time to time.
"Plan of Utilization" means any plan of utilization prepared in
accordance with clause 13 as modified from time to time in
accordance with this Agreement.
"pulpwood" means sound wood free from bark rot carroty heart
and all other defects that make wood unsuitable for use in making
wood pulp and obtained from any species of the genus Eucalyptus
from which the Company is able to make wood pulp of
merchantable quality.
"pulpwood timber" means timber in the log or sawn or split that
consists exclusively of pulpwood or contains pulpwood but does
not include any timber which the Secretary requires for disposal
whether by sale or under a lease licence permit or other authority
for sawmilling or fencing timber.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
6
"removed" used in relation to pulpwood timber means taken from
the stump (or other place in the forest where the pulpwood timber
is lying) to a place where it can be loaded on a vehicle in working
order and "removal" has a corresponding meaning.
"sawmilling" includes the obtaining of logs or timber for sawing
veneering or slicing or splitting by hand or machine or for use as
piles or poles or for hewing for engineering construction or public
works.
"Secretary" means the Secretary to the Department.
"State forest" has the same meaning as in the Forests Act.
"Trade Measurements Act" means the Trade Measurements Act
1995 of the State of Victoria as amended from time to time.
"Water Act" means the Water Act 1989 of the State of Victoria as
amended from time to time.
"wood pulp" means pulp produced from pulpwood by any process
whether chemical or mechanical or by a combination of chemical
and mechanical processes.
"year" means a period of twelve months commencing on the first
day of July.
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.
(2) The headings and sidenotes shall not affect the interpretation of
this Agreement.
3. This Agreement shall not be of any force or effect until it has been
ratified and otherwise given effect by the Act.
4. (1) Upon the date of commencement of the Act this Agreement shall
be deemed to have come into operation on 1st July 1996 and the
provisions of the original agreement shall be deemed to have
ceased to have any effect from 1st July 1996 subject to
Clause 4(2).
(2) The cessation of the effect of the provisions of the original
agreement shall not affect the enforcement of any right obligation
or liability acquired accrued or incurred thereunder before 1st July
1996.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
7
5. (1) The Company shall be at liberty at any time with the prior written
consent of the Minister to -
(a) procure the incorporation of a subsidiary company to
exercise as the nominee of the Company all or any of its
rights under this Agreement and the Act; and
(b) assign all or any of its rights under this Agreement and
the Act to such subsidiary company or to any other
company.
(2) After any such assignment and after written notice thereof given
by the Company 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 the relevant
obligations and conditions imposed upon the Company
by this Agreement so far as they remain in force and
capable of taking effect; and
(b) the Company shall remain responsible to the Minister
and the Secretary for the performance of all its
obligations under this Agreement as if no assignment
had been made.
6. In using its powers and applying its discretions whether under this
Agreement or the Act or the Forests Act the Minister and the
Secretary shall give full recognition to the fact that the Company is
engaged in a competitive business and so far as the interests of
forest management allow the Secretary (which shall for the
purposes of this Agreement be the sole judge of what is proper
forest management) shall so act in every reasonable way as to
enable the Company to carry on the industry in an economic
manner.
PART II - OPERATION OF INDUSTRY
DIVISION A. - DURATION OF AGREEMENT
7. This Agreement shall remain in force until the date of expiration or
until sooner determined in accordance with the provisions hereof
and thereupon the rights interests powers and privileges granted by
or under this Agreement to the Company its agents and contractors
shall determine.
8. The expiration or determination of this Agreement shall not affect
the enforcement of any right obligation or liability previously
acquired accrued or incurred hereunder.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
8
DIVISION B - TIMBER RIGHTS
9. The Forests Act shall apply to and with respect to all operations of
the Company under this Agreement except in so far as that Act
may be inconsistent with the provisions of this Agreement.
10. (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 by any person (whether before or after the
commencement of the Act) under the Forests Act or any other Act.
(2) Notwithstanding anything contained in this Agreement or the Act
any person who has acquired or acquires any rights powers or
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.
11. Subject to the Secretary's compliance with the obligations
expressed in clause 14 hereof nothing in the Agreement shall
operate so as to restrict the Secretary's rights pursuant to the
Forests Act to sell forest produce to meet the reasonable
requirements of the general public. The Secretary shall be the sole
judge as to what are reasonable requirements within the meaning
of this clause.
12. In order to ensure the effective management and utilization of the
forests within the Forest Area the Secretary shall carry out a
review of pulpwood within the Forest Area at least once in each
period of five years while this Agreement remains in force and
shall make the results available to the Company.
13. (1) The Secretary and the Company have jointly prepared a Plan of
Utilization for the supply of pulpwood based on the Company's
estimates of its pulpwood requirements for the year 1996-1997 and
a provisional plan for the supply of pulpwood for the next two
years based on the Company's estimates of its pulpwood
requirements. Not later than the thirtieth day of April in each year
commencing 30 April 1997 the Secretary and the Company shall
jointly prepare a Plan of Utilization for the supply of pulpwood for
the following year and a provisional plan for the supply of
pulpwood for the next two years based on the Company's estimates
of its pulpwood requirements. For that purpose the Company shall
by the first day of March in each year commencing 1 March 1997
submit to the Secretary in writing its estimates of its pulpwood
requirements for the period to be covered by the Plan of Utilization
and the provisional plan. The Plan of Utilization shall (in addition
to any other matters which the Secretary and the Company desire
to include) prescribe -
(a) the areas to be made available under this Agreement for
the obtaining of pulpwood;
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
9
(b) estimates of yield of each class of pulpwood from the
areas to be so made available;
(c) organisation of and obligations of the Company or the
Department as the case may be with respect to the
felling and extraction of pulpwood;
(d) road construction and maintenance and responsibility
therefor.
(2) The Secretary and the Company may during the currency of any
Plan of Utilization agree to a modification of the Plan of
Utilization.
(3) The Secretary and the Company shall conform with each Plan of
Utilization or modified or revised Plan of Utilization.
(4) The Secretary and the Company may each nominate from time to
time two of its officers to form a committee the functions of which
shall include -
(a) the detailed preparation and revision of Plans of
Utilization for submission to the Secretary and the
Company for approval;
(b) the co-ordination of pulpwood operations;
(c) the investigation of any other matters arising from this
Agreement which it may be jointly required by the
Secretary and the Company to investigate.
(5) If the Secretary is satisfied (including on representation by the
Company) that pulpwood to be felled under any Plan of Utilization
from any area (the original area) would not be obtainable at an
economic cost, pulpwood shall not be felled or extracted from that
area and the Secretary shall substitute for the original area another
area as will enable pulpwood which it would have been entitled to
take from the original area to be obtained at an economic cost,
including where pulpwood wood is to be felled and delivered by
the Department under the Plan of Utilisation taking into account
any increased cost of delivery so arising. Any dispute as to what
constitutes economic cost will be referred for determination in
accordance with Clause 37.
(6) If a Plan of Utilization imposes obligations on the Company for
the felling and extraction of pulpwood the Company shall
complete to the satisfaction of the Secretary and in accordance
with that Plan of Utilization the extraction of pulpwood within any
area (other than an area in which the Secretary fells or fells and
removes pulpwood timber) made available under the Plan of
Utilization PROVIDED that the Company shall be deemed to have
completed the extraction of pulpwood as aforesaid to the
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
10
satisfaction of the Secretary unless the Secretary if it is not
satisfied with the manner in which the extraction of pulpwood
from any area is being carried out gives to the Company written
notice to that effect within a reasonable time (being not less than
fourteen days) before the date on which the extraction as aforesaid
should in the opinion of an authorised officer having control of the
area be completed and in that event the Company shall within a
reasonable period after receipt of the notice complete the
extraction as aforesaid to the satisfaction of the Secretary.
(7) Subject to sub-clause 22(1) the Company shall be entitled to carry
out in State forest works required to enable the extraction of
pulpwood by it in accordance with this Agreement from any area
prescribed in any Plan of Utilization or modified or revised Plan of
Utilization.
(8) When a person obtains pulpwood from the Forest Area in
accordance with rights granted under the Forests Act or any other
Act at the same time as the Company or the Department for
delivery to the Company in accordance with the Agreement the
Plan of Utilization shall provide that -
(i) as far as practicable there will be no discrimination
between that person and the Company or the
Department as the case may be as to factors affecting
costs of felling extracting and loading on to motor
trucks of pulpwood; and
(ii) subject to proper forest management and the necessity
of avoiding waste of merchantable material operations
are located so that cartage costs within the Forest Area
are minimised for that person and the Company or the
Department as the case may be.
14. (1) Subject to the provisions of clause 13 hereof and of the succeeding
sub-clauses of this clause the Company without obtaining any
lease licence permit or authority under the Forests Act shall have -
(a) the right (which shall not be exclusive) to obtain
pulpwood timber by its employees agents or contractors
from the Forest Area in accordance with any Plan of
Utilization;
(b) the right (which shall not be exclusive) to obtain
pulpwood timber by its employees agents or contractors
from the areas outside the Forest Area in accordance
with any Plan of Utilization.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
11
(2) The Secretary shall be bound in each year to make available to the
Company or to have the Department deliver to the Company as the
Plan of Utilization may require from areas of forest as provided in
this clause and in accordance with a Plan of Utilization a minimum
annual supply of pulpwood which shall be -
(a) in each of the years 1996 - 1997 to 2003 - 2004
inclusive - 500,000 cubic metres;
(b) in each of the years 2004 - 2005 to 2006 - 2007
inclusive - 450,000 cubic metres;
(c) in each of the years 2007 - 2008 to 2009 - 2010
inclusive - 400,000 cubic metres;
(d) in each of the years 2010 - 2011 to 2029 - 2030
inclusive - 350,000 cubic metres,
of which at least 300,000 cubic metres shall be made available to
the Company or delivered by the Department to the Company as
the Plan of Utilization may require from mountain forests inside
the Forest Area.
(3) The Secretary may with the approval of the Minister by written
agreement with the Company increase or decrease 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 (2) of this clause for that period and any minimum annual
supply so agreed upon may likewise be further increased or
decreased.
(4) The volume of pulpwood specified in sub-clause (2) of this clause
to be made available from mountain forests may not at any time be
altered without the consent of the Company.
(5) The Secretary in its discretion may whether for extraction by the
Company or delivery to the Company by the Department as the
case may be -
(a) make available in any year at the request of the
Company a quantity of pulpwood exceeding the amount
of the minimum annual supply of pulpwood;
(b) make available to the Company in any year by
agreement with it a proportion of the Company's
requirements of pulpwood for that year from State forest
not forming part of the Forest Area;
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
12
(c) in any year whether by agreement with the Company or
not, make available to the Company from State forest
not forming part of the Forest Area and generally
situated within 200 kilometres by road (using the
shortest practicable route) from the Maryvale Mill a
volume of pulpwood not exceeding -
(i) 150,000 cubic metres; or
(ii) the volume in excess of 300,000 cubic metres
of the minimum annual supply of pulpwood
whichever is the lesser, at such royalty rates as may
from time to time be determined by the Secretary
provided that if the Company is able to show to the
satisfaction of the Secretary that the pulpwood so made
available from any area would not be obtainable at an
economic cost the Secretary shall not require it to take
such pulpwood or accept delivery of it by the
Department and shall substitute another area as will
enable the Company to take or accept delivery of the
pulpwood at an economic cost provided always that if
the Secretary is not so persuaded the Company by
notice in writing to the Secretary may require the
dispute to be determined by arbitration in accordance
with clause 37 and further provided that all pulpwood
which is expected to become available from sawmilling
and silvicultural operations in the Forest Area has first
been offered to the Company before being offered to
any other person.
(6) The Company shall be entitled to obtain pulpwood in accordance
with a Plan of Utilization from logging residue and standing trees
as indicated by an authorised officer in accordance with
prescriptions laid down by the Secretary for the harvesting of
forest produce. Pulpwood harvesting operations shall be restricted
to such parts of the areas of forest as provided in accordance with a
Plan of Utilization and shall be conducted in a manner satisfactory
to the Secretary and in accordance with the directions of an
authorised officer.
(7) The Plan of Utilization shall specify whether the organisation and
carrying out of the felling and extraction of the pulpwood shall be
the responsibility of the Department or the Company. The
organisation and carrying out of the felling and extraction of the
pulpwood in accordance with the Plan of Utilization for any year
commencing on or after 1 July 1997 shall be the responsibility of
the Company. However, if by the 15th April in any year including
by the 15th April 1997, the Secretary is able to demonstrate to the
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
13
reasonable satisfaction of the Company that the bona fide cost at
which the Department could extract and fell the pulpwood to be
extracted and felled pursuant to the Plan of Utilization for the next
ensuing year commencing 1 July and deliver it upon conditions no
less favourable to the Company to the mill gate at Maryvale (the
"Department Price") would be less than the price per cubic metre
at which the Company could extract fell and so deliver pursuant to
such Plan of Utilization, such extraction felling and delivery shall
be the responsibility of the Department unless the Company is
prepared to equal the Department Price.
(8) The following shall apply to any pulpwood to be extracted felled
and delivered by the Department in accordance with a Plan of
Utilization -
(a) Should the Company reject any pulpwood delivered to it
by the Department on any of the grounds set out in
clause 14(10) the same shall be set aside for inspection
on behalf of the Department.
(b) If the Company's rejection is accepted by the
Department, delivery of substitute pulpwood will be
made to the Company as soon as practicable and in
consultation with the Company at no additional cost to
the Company, the original delivery cost to be charged in
respect of subsequent deliveries when received.
(9) The Company shall pay to the Secretary -
(a) the licence fee payable in each year commencing 1 July,
2004 under the provisions of this Division; and
(b) as to pulpwood obtained from pulpwood timber which
the Company either by itself or its contractors fells and
removes - the royalty payable from time to time under
the provisions of this Division; and
(c) as to pulpwood obtained from pulpwood timber which
the Department either fells or fells and removes - the
royalty as aforesaid and the Department's charges for
felling or felling and removal as specified in the
relevant Plan of Utilization.
(10) The Company shall not be bound to accept timber which -
(a) will not produce pulpwood of at least 3.0 metres in
length;
(b) is not sufficiently straight to produce pulpwood suitable
for the manufacturing processes for the time being
employed in the industry;
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
14
(c) is so defective due to the presence of rot or other faults
that pulpwood cannot be produced economically; or
(d) in forests of regrowth is less than ten centimetres in
diameter under bark and in forests other than forests of
regrowth is less than fifteen centimetres diameter under
bark.
(11) If pulpwood which is expected to become available from
sawmilling or silvicultural operations in the Forest Area is offered
to the Company during the modification or revision of any Plan of
Utilization and the Company advises that it does not require such
pulpwood then the Company shall not unreasonably withhold its
consent to disposal by the Secretary of such pulpwood to any other
person for any purpose whatsoever.
(12) If as the result of salvage operations following an occurrence
which the Secretary and the Company agree is a major disaster a
quantity of pulpwood which the Company advises is beyond its
ability to utilise arises within the Forest Area then the Secretary
may dispose of such pulpwood to other persons.
15. In order to assure to the Company supplies of pulpwood in
connection with any proposed development of the industry it is
provided as follows:
(a) representatives of the Secretary and the Company shall
investigate the development and the pulpwood supplies
available in the Forest Area;
(b) if as a result of that investigation the Secretary is
satisfied that having regard to the Company's future
requirements of pulpwood it is reasonable to do so the
Secretary may with the approval of the Minister either -
(i) increase the Forest Area by the inclusion of
additional areas of State forest; or
(ii) reduce the Forest Area to an area capable in
its opinion of producing adequate supplies of
the types of pulpwood required for the
economic continuation of the industry,
PROVIDED THAT -
(i) reasonable allowance shall be made for the
possibility of destruction of or damage to
forests by fire and other causes; and
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
15
(ii) so far as is consistent with proper forest
management the areas from which supplies of
pulpwood timber can be most conveniently
obtained at the cheapest rates shall be made
available or shall remain available to the
Company;
(c) if-
(i) the Company seeks an extension of the
operation of this Agreement beyond the date
of expiration; and
(ii) the Secretary as a result of the said
investigation is satisfied that the extension of
the operation of this Agreement for the period
sought by the Company is necessary for the
continuation of the industry -
the Secretary shall make a recommendation to the
Minister that a Bill be introduced into the Parliament of
the State of Victoria as soon as possible to extend the
operation of this Agreement for that period.
16. (1) With respect to pulpwood referred to in clause 14 hereof the
Company shall be bound in each year in which the quantity
comprising the minimum annual supply of pulpwood for that year
is available to it either -
(a) to take or accept delivery as the case may be pursuant to
the Plan of Utilization of not less than eighty five per
centum of that quantity; or
(b) if it takes or accepts delivery as aforesaid of less than
eighty five per centum of that quantity, to pay royalty to
the Secretary on the deficiency at a rate equal to the
average royalty rate paid for pulpwood for that year.
(2) If the Company in respect of any year makes any payment under
paragraph (b) of sub-clause (1) of this clause in respect of a
deficiency in that year and during either or both of the two years
next following that year it takes or accepts delivery of a quantity of
pulpwood in excess of eighty five per centum of the minimum
annual supply for those respective years then the amount of royalty
payable in respect of such excess shall be reduced by an amount
not exceeding in the aggregate the royalty paid in respect of the
deficiency.
(3) (a) In the event of damage to the Company's forests in
Victoria by fire drought insects disease or other cause
the provisions of this clause shall upon the Company
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
16
giving written notice to the Secretary be modified to the
extent that the pulpwood from such damaged forests is
salvable.
(b) In the event of damage of the kind referred to in the
preceding paragraph to State forests within the Forest
Area the Company shall to the extent that the pulpwood
from such damaged forests is salvable use its best
endeavours to use pulpwood from such forests including
reducing the supply from the Company's own forests in
Victoria to the fullest extent practicable.
(c) In the event of damage of the kind referred to in
paragraph (a) of this sub-clause occurring to the
Company's forests in Victoria and State forests within
the Forest Area at or about the same time the provisions
of paragraphs (a) and (b) of this sub-clause shall not
apply and if damage of that kind occurs to the forests of
one party within twelve months of damage of that kind
occurring to the forests of the other party the provisions
of paragraphs (a) and (b) of this sub-clause may be
modified by agreement between the Secretary and the
Company or failing agreement as the Secretary may
determine.
(4) For the purposes of determining whether the Company has taken
or accepted delivery of eighty five per centum of the quantity of
pulpwood comprised in the minimum annual supply of pulpwood
in any year, all pulpwood obtained by the Company or delivered
by the Department to the Company in the year from any State
forest (whether under this Agreement or otherwise) and on which
royalty has been paid to the Secretary shall be taken into account.
(5) For the purposes of sub-clause (1) of this clause pulpwood shall
not be deemed to be available from an area of forest if by reason of
strike lockout fire storm or other unforeseen circumstances the
means of supply from that area are interrupted or destroyed.
(6) If owing to any change in the economics of the industry (such as
competition from other raw materials or products, change in the
extent of public demands, change in quality of products required
by the public or substitution of other products requiring different
types of raw material) the continued performance by the Company
of its obligation under sub-clause (1) of this clause or the payment
of royalties pursuant to this Agreement would affect it unfairly:-
(a) the Secretary on the written request of the Company
shall confer with it with a view to agreeing upon such a
modification or suspension of the Company's
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
17
obligations under this clause or clause 20 as in view of
the altered circumstances will be fair and reasonable;
(b) if the Secretary and the Company fail to agree upon a
modification or suspension as aforesaid within sixty
(60) days of the request in writing made under clause
16(6)(a) the matter shall be determined in accordance
with clause 37 hereof;
(c) any modification or suspension as aforesaid agreed
upon by the Secretary and the Company or
determination under clause 37 hereof shall be given
effect accordingly, but so that all costs of the Secretary
as between party and party of and incidental to any such
determination shall be paid by the Company.
17. (1) The provisions contained in sub-clause (2) shall apply with respect
to the licence fee payable under this Agreement.
(2) (a) The Company shall pay to the Secretary an annual
licence fee. However:
(i) payment of the licence fee otherwise payable
is waived by the Secretary until the year
commencing 1 July 2004;
(ii) the amount of the licence fee shall be an
amount calculated by multiplying the sum of
$0.50 (indexed to changes in pulpwood
royalty rates since 1 July, 1996) by the
volume (specified in cubic metres) of the
minimum annual supply of pulpwood in the
year in which the licence fee becomes
payable.
(b) On or before the thirtieth day of each year during the
term of this Agreement, or within 30 days of being so
advised, whichever is the later, the Company shall pay
the annual licence fee to the Secretary. Alternatively
the annual licence fee may be paid six monthly in
instalments by prior arrangement with the Secretary.
If the annual fee is payable in instalments, interest shall
be applied for a period of 6 months to the second six
monthly payment at the rate for the time being fixed
under Section 30 of the Conservation, Forest and Lands
Act (or any successor Act to that Act). If without
reasonable cause, the licence fee is not paid after
becoming overdue the Company shall pay interest on
the sum due but unpaid, from the date that sum became
overdue at the rate for the time being fixed under
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
18
Section 30 of the Conservation, Forests and Lands Act
(or any successor Act of that Act).
(c) If the licence fee or an instalment of licence fee remains
overdue for more than 14 days then the Secretary or his
delegate may by notice in writing to the Company direct
that no further timber may be taken under this
Agreement until the amount and any interest thereon are
paid.
18. (1) The provisions contained in sub-clause (2) shall apply with respect
to royalty payable under this Agreement.
(2) (a) Accounts for royalty shall be issued monthly by the
Department.
(b) An account issued for royalty is due for payment by the
Company immediately it is rendered and becomes
overdue if not paid by thirty (30) days from the days
from the date the account is rendered.
(c) If royalty is not paid after becoming overdue the
Company shall pay interest on the sum due but unpaid,
from the date that sum became overdue at the rate for
time being fixed under Section 30 of the Conservation,
Forests and Lands Act (or any successor Act of that
Act).
(d) If an account remains overdue for more than 14 days
then the Secretary or his delegate may direct by notice
in writing to the Company that no further timber shall
be taken by the Company until the outstanding amount
has been paid in full.
19. (1) For the purposes of determining rates of royalty payable under this
Agreement pulpwood shall be in one of the following classes -
ash species from within the Forest Area;
mixed species from within the Forest Area;
pulpwood of whatever class from outside the Forest Area.
(2) Royalty on pulpwood obtained by the Company during the period
1 July 1995 to 30 June 1996 is acknowledged to have been payable
pursuant to the original agreement at the rates following:-
Pulpwood Class Rate in $ Per Cubic Metre
Ash species from within the Forest Area $11.05
Mixed species from within the Forest Area $ 8.46
Pulpwood of any class from outside the Forest Area $ 8.46
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
19
(3) The Secretary and the Company may at any time by agreement
vary the classification of pulpwood provided in sub-clause (1) of
this clause and the royalty rates applicable to the classes of
pulpwood so varied shall be ascertained in a like manner to that
provided in clause 20 hereof. Such variation may without
affecting the generality of the foregoing be in respect of the
species or age of the trees from which pulpwood will be obtained
or the locality in which they are growing or the conditions
specified by the Secretary under which they may be cut.
20 (1) During each successive period of twelve months from 1 July 1996
the royalty payable shall be:
(a) at the rates agreed upon by the Secretary and the
Company having regard to:
• the Company's need for international
competitiveness;
• the payment by the Company of the annual licence
fee as from the year commencing 1 July 2004; and
• the Secretary's need for commercial viability,
(those matters being hereinafter collectively called "the
objectives"); or
(b) failing agreement within 90 days of the commencement
of that period at the rates calculated by adjusting the
rates previously payable (up or down as the case
requires) by one half of the percentage change proved
by audit of the Secretary to have occurred during the
preceding period of twelve months in the average gross
price per tonne charged by the Company bona fide and
on an arms length basis to its customers for all paper
goods manufactured in Victoria and sold by the
Company during that period or in accordance with such
other formula as may be agreed between the Secretary
and the Company from time to time.
(2) The Company shall give the Secretary its employees and
authorised agents access to all accounts and papers and shall do all
things reasonably required by the Secretary for the purposes of the
audit contemplated by sub-clause (1).
(3) Any information obtained from the Company under sub-clause (2)
or sub-clause (6) below shall be used only for the purposes for
which it was obtained shall be treated as confidential and shall
only be disclosed if so required by law.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
20
(4) If either of the Secretary or the Company is not satisfied that any
of the objectives are likely to be achieved if royalty is paid at the
rates determined in accordance with sub-clause (1) and have
notified the other accordingly within 30 days of being advised of
the calculation of those rates, then the rates in respect of which the
Secretary or the Company (as the case may be) are not satisfied
shall instead be the rates determined by arbitration in accordance
with Clause 37 hereof.
(5) The arbitrators appointed in accordance with clause 37 hereof or
their umpire shall take into consideration any alteration in
circumstances and any other relevant matters which any of the
parties to the reference may bring before the arbitrators or the
umpire.
(6) The arbitrators appointed in accordance with clause 37 hereof or
their umpire or some person appointed on their behalf may
investigate the Company's affairs and accounts so far as may be
necessary to assist them to determine fair rates of royalty and the
officers of the Company shall give them full access to all accounts
and papers necessary for that purpose and shall afford them full
information and assistance.
(7) The Company shall continue to pay royalty at the rates previously
payable until the adjustment of the rates has been agreed or
determined in accordance with this clause 20 whereupon any
necessary adjustment retrospective to the commencement of the
relevant twelve month period will be made between the parties.
21. With respect to obtaining and transporting pulpwood timber the
following provisions shall have effect:
(a) the Secretary shall take all reasonable steps in its power
to facilitate the obtaining by the Company in exercise of
the rights granted under this Agreement of pulpwood
timber or pulpwood from Crown lands the subject of
any timber cutting licence issued in accordance with the
provisions of the Forests Act and in particular to
facilitate the supply to the Company by the holder of
any such licence of pulpwood from the lands affected
by the licence;
(b) for the purposes of Section 52 of the Forests Act the
Company and persons contracting with the Company
for the supply of pulpwood to be obtained under the
provisions hereof shall be deemed to have the
appropriate licences under that Act.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
21
22. (1) The Company shall not construct any road track passage tramway
chute or flume or erect any haulage unit or building within any
State forest without the consent of the Secretary or an authorised
officer previously obtained.
(2) Should the Secretary be unable to complete the program of road
construction and maintenance for which it is responsible under the
Plan of Utilization in any year it shall make available to the
Company a volume of the same class of pulpwood timber and
pulpwood from other roaded areas of forests of regrowth
equivalent to the volume unavailable to the Company by reason of
the Secretary's inability to complete the program.
23. (1) The quantity of pulpwood upon which royalty is payable under
this Agreement shall be determined in such manner (allowance
being made for timber or other substance that is not pulpwood) as
may be agreed upon by the Secretary and the Company or failing
agreement as the Secretary may direct.
(2) The place at which pulpwood is to be measured shall be as fixed
by the Secretary from time to time after consultation with the
Company.
(3) If the royalty so payable is to be determined by mass -
(a) the Company shall provide at its Maryvale mill a
weighbridge of a pattern approved by a person for the
time being performing the duties of an Inspector under
the Trade Measurement Act and shall while this
Agreement remains in force have the weighbridge
maintained and periodically verified in accordance with
the provisions of that Act;
(b) at all times while the weighbridge is in accurate
working order the quantity of pulpwood upon which
royalty is payable under this Agreement shall be
determined by weighing the pulpwood on the
weighbridge;
(c) at all times while the weighbridge is not in accurate
working order the quantity of pulpwood upon which
royalty is payable under this Agreement shall be
determined in such manner as may be agreed upon
between the Secretary and the Company or failing
agreement as the Secretary may direct.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
22
24. (1) The Company shall keep records showing in respect of each year -
(a) particulars of the respective quantities of pulpwood
obtained by it or delivered by the Department to it
from -
(i) the Forest Area or any subdivisions thereof
specified in any Plan of Utilization as
aforesaid;
(ii) other areas of State forest;
(iii) any source other than State forest.
(b) particulars in respect of each of the sources mentioned
in the last preceding paragraph of the respective
quantities of pulpwood obtained by the Company or
delivered by the Department to the Company from -
(i) ash species from within the Forest Area;
(ii) mixed species from within the Forest Area;
and
(iii) pulpwood of any class from outside the
Forest Area.
(c) particulars of the quantities of pulpwood obtained from
mill waste; and
(d) such other particulars of a similar nature as may be
prescribed by regulation under the Act.
(2) The Company shall make such records available for inspection at
all reasonable times by an officer appointed by the Secretary for
that purpose.
(3) Not later than the fifteenth day of every month the Company shall
furnish to the Secretary a return in the form prescribed by
regulation under the Act or in any other form approved by the
Secretary of all pulpwood received by it during the last preceding
month.
(4) The Company shall also furnish to the Secretary returns in respect
of the matters mentioned in sub-clause (1) of this clause in such
form and at such times as from time to time are prescribed by
regulation under the Act or in any other form approved by the
Secretary.
(5) The Secretary or any person appointed by it shall be entitled to
require from the officers of the Company such information and
explanations as are necessary for the purpose of testing and
verifying the completeness and accuracy of the records and
returns. The Secretary and its officers and any person appointed
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
23
by the Secretary for the purposes of this sub-clause shall keep
strictly confidential any information obtained under this sub-
clause.
25. (1) The Secretary shall give to the Company prior to the date on which
it is entitled under this Agreement to obtain pulpwood timber from
any area written notice of the conditions published by the
Secretary in respect of the cutting of pulpwood timber in that area
and the Company and any person authorized by it (whether by
contract or otherwise) to cut pulpwood timber in that area shall be
jointly and severally bound to comply with the said conditions.
(2) The Company shall notify the Secretary 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
timber pursuant to this Agreement.
(3) The Company shall supply to each such person for production
when required by an authorised officer evidence in a form
satisfactory to the Secretary that he is engaged in the obtaining of
pulpwood timber pursuant to this Agreement and the Company
shall forthwith notify the Secretary in writing whenever such
person ceases to be so engaged.
(4) Any person contracting with the Company to fell or fell and
remove pulpwood timber pursuant to this Agreement whose name
has been notified to the Secretary as aforesaid shall until such time
as this contract has expired or has been determined or until the
Secretary directs the Company in writing to terminate his authority
to fell or fell and remove pulpwood timber (whichever first occurs)
be deemed to hold an appropriate licence under the Forests Act.
26. The Company and the Secretary agree that the full utilization of
wood material felled during integrated harvesting operations is
desirable. To this end, the parties will work towards a proportion
of the minimum annual supply being supplied, by agreement, as
chip rather than roundwood.
DIVISION C. - OTHER RIGHTS AND POWERS
27. If any easement or other right in or over private property which is
necessary or desirable for the convenient carrying on of the
industry can be obtained under the Forests Act or the Conservation
Forests and Lands Act:-
(a) At the request of the Company the Minister shall on the
recommendation of the Secretary pursuant to the Forests
Act and the Secretary pursuant to the Conservation
Forests and Lands Act shall exercise the powers vested
in the Minister or the Secretary as the case may be
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
24
under those Acts for the purposes of obtaining the
easement or right which when obtained shall be so
exercised as to enable the Company conveniently to
carry on the industry.
(b) the Company shall pay all expenses incurred by the
Minister or Secretary as the case may be in exercising
such powers and shall defray all payments to be made to
owners of the property affected.
28. The authority having the care and management of any public road
street highway tramway or railway (all of which are in this clause
included in the word "road") upon application by the Company and
upon the report of any qualified engineer or licensed surveyor -
(i) that a culvert pipe tunnel flume channel or drain (all of
which are in this clause included in the word "work")
can be laid or constructed on under or over any such
road without any substantial injury to or obstruction of
the traffic thereon; and
(ii) that the work is necessary for the due and proper
carrying on of the industry or for the conveyance of
water for its purposes -
by order in writing subject to the rights of owners and occupiers of
adjoining or contiguous lands and of any persons lawfully having
works on under or over any such road may consent to the
construction of the work by the Company for the purpose of
conveying any water or process water to or from any land upon
which the industry is carried on or is proposed to be carried on
PROVIDED that -
(a) the authority shall not unreasonably refuse its consent to
the construction of any work in accordance with such
terms and conditions as the authority may determine;
(b) every work shall be constructed in accordance with such
terms and conditions;
(c) the authority may at its discretion carry out the work at
the cost of the Company.
29. The powers of the Governor in Council and the Minister
administering the Water Act 1989 to grant and issue leases and
licences under the Water Act 1989 for pumping sites water
easements the diversion of water and the cutting of races and other
necessary purposes shall be deemed to extend to the grant and
issue to the Company of such instruments (and in the case of bulk
entitlements the Company shall be granted a bulk entitlement
sufficient to meet the requirements of the Company to carry on the
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
25
industry at the Maryvale Mill during the term of this Agreement as
if the Company were an Authority for the purposes of Division 1
of Part 4 of the Water Act 1989) for a period ending on the date of
expiration or sooner determination of this Agreement. Subject to
any Act for the time being in force, the Company shall have the
right to discharge the process water from its mills into the River
Latrobe at a point or points on the river frontage adjacent to the
Maryvale Mill.
30. The Company shall subject to the approval of the Minister
responsible for the administration of the Land Act 1958 (the "Land
Minister") be entitled to licences in respect of any strip or strips of
unoccupied Crown land along the banks of any stream on which it
is necessary to construct outflow drains tunnels and pipe lines for
the discharge of process water as aforesaid.
31. (1) Whenever the Land Minister after hearing the Company and any
persons interested in any land concerned or having given them an
opportunity to be heard is satisfied that it is necessary or desirable
that any land (including any easement right or privilege in over or
affecting any land all of which are in this clause included in the
expression "land") should be compulsorily purchased taken or used
by the Company for the purposes of the industry, the Land
Minister shall give to the Governor in Council a certificate to that
effect under its seal specifying and delineating on a plan the land
proposed to be so purchased taken or used and the purposes for
which it is required.
(2) Upon approval by the Governor in Council of a certificate as
aforesaid it shall be lawful for the Company and its agents and
workmen and all other persons authorised by it to enter into and
upon and to take possession of and appropriate the land specified
in the certificate for the purposes so specified in the manner
provided for the resumption of land by the Land Minister under the
Land Act and subject to all the conditions imposed by that Act.
Full satisfaction shall be made by the Company in manner
provided by that Act to all persons interested in the said land.
DIVISION D. - SUSPENSION OF OBLIGATIONS AND CONDITIONS
32. If any of the forests in the Forest Area or any of the forests
identified in any Plan of Utilization which are outside the Forest
Area are damaged or destroyed by fire disease or other cause to
such an extent that it is impracticable for the Secretary to comply
with the provisions of clause 14 hereof or that having regard to the
situation of those forests and of the Company's mills and other
circumstances relevant to such damage or destruction it is
impracticable for the Company to obtain under this Agreement
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
26
supplies of pulpwood of sufficient quantity at reasonable cost
whether by extraction by the Company or delivery from the
Department to enable production of wood pulp to be carried on in
an economic manner then so long as that state of affairs
continues -
(a) the Company shall have no claim against the Secretary
for the non-fulfilment of its obligations under clause 14
hereof so far as non-fulfilment is due to any such cause;
(b) the Company's obligations under this Agreement shall
be suspended provided that such suspension shall not
affect any liability of the Company to make payments
due before such suspension occurs;
(c) any questions or disputes arising in relation to the
operation of this clause 32 and the suspension of the
Company's obligations shall be referred for
determination in accordance with clause 37.
33. If:
(a) the Company's mills or other works used in the
production of wood pulp or the means of transport of
pulpwood timber are damaged or destroyed by fire or
other calamity to a sufficient extent so as not to permit
the production of wood pulp in an economic manner; or
(b) the continuance of the production of wood pulp in an
economic manner is rendered impossible by force
majeure by legal obstacles or by unforeseen or
unavoidable cause (other than an economic cause) -
then until the damage or destruction can be rectified or the
manufacture of wood pulp in an economic manner is resumed the
Company shall not be liable for the non-fulfilment of any
obligation to take, accept delivery of or pay for pulpwood not then
delivered provided that the Company can satisfy the Minister that
the Company is using its best endeavours to rectify the damage or
destruction or resume the manufacture of wood pulp in an
economic manner . Any question or dispute as to when the
obligations of the Company are to be resumed in accordance with
this clause 33 shall be referred for determination in accordance
with clause 37.
34. If by reason of war strike lockout or action in the nature of a strike
or lockout -
(i) the Secretary or Department is prevented from making
available or delivering in accordance with the Plan of
Utilization pulpwood; or
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
27
(ii) the Company is prevented from obtaining pulpwood or
accepting delivery of or carrying on production of wood
pulp in an economic manner -
the Secretary shall (as the case requires) grant or make a
reasonable extension of time in respect of or a reasonable
modification of any obligation or condition affected thereby.
35. The Secretary and the Company may by agreement subject to the
approval of the Minister and the procedures in the Act 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.
DIVISION E - DETERMINATION OF COMPANY'S RIGHTS
36. (1) If the Company at any time enters into liquidation (other than a
voluntary liquidation for the purpose of reconstruction and
assignment of rights under this Agreement) the Minister upon
recommendation of the Secretary may determine this Agreement.
(2) Subject to clause 36(3) if the Company at any time contravenes or
breaches the terms and conditions of this Agreement the Minister
on the recommendation of the Secretary may terminate this
Agreement by giving notice in writing of intent to terminate in
which event this Agreement shall terminate upon the expiry of the
30th day from the date of service of notice unless the right of the
Minister to terminate is referred for determination in accordance
with clause 36(4).
(3) Clause 36(2) is subject to the proviso that the Minister shall only
be entitled to terminate this Agreement if the contravention or
breach:
was not due to mistake, or
to circumstances beyond the control of the Company, or
if there was otherwise no reasonable cause therefor, and
if the State of Victoria has been and will be materially prejudiced
by the contravention or breach.
(4) If within fourteen days after service of notice in accordance with
clause 36(2), the Company serves a notice in writing on the
Minister disputing the right of the Minister to terminate this
Agreement, based on the considerations set out in clause 36(3) the
right of the Minister to determine this Agreement shall be referred
by the Minister for determination in accordance with clause 37.
Otherwise failing service of any such notice by the Company this
Agreement shall determine in accordance with clause 36(2).
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
28
DIVISION F - SUPPLEMENTAL
37. Wherever in any clause of this Agreement it is provided that any
matter shall or may be determined in accordance with this clause:
(a) that matter shall be referred to two arbitrators one to be
appointed by the Company and one by the Secretary;
(b) the provisions of the Commercial Arbitration Act shall
apply to the reference;
(c) the arbitrators and any umpire appointed for the purpose
of the reference shall have regard to all matters set out
in the clause of this Agreement which provides for
determination of the matter under this clause and shall
decide what is fair and reasonable having regard to the
term of this Agreement and the circumstances existing
at the time of the reference.
IN WITNESS whereof the parties hereto have executed this Agreement the
day and year first before written.
SIGNED by the Honourable Marie Therese
Tehan as Minister for Conservation and Land
Management for and on behalf of the State of
Victoria administering the Forests Act 1958
in the State of Victoria in the presence of
)
)
) MARIE T. TEHAN
)
)
NORMA MARSHALL
Witness
THE COMMON SEAL of AMCOR LIMITED
(ACN 000 017 372) was hereunto affixed by
authority of the Board of Directors
DONALD B MACFARLANE
Director
GARRY G RINGWOOD
Director
)
) L. S
)
Sch.
General Information
Minister's second reading speech—
Legislative Assembly: 30 May 1996
Legislative Council: 19 June 1996
The long title for the Bill for this Act was "to ratify an Agreement between
the Minister administering the Forests Act 1958 and AMCOR Limited with
respect to the supply of pulpwood for the manufacture of wood pulp and for
other purposes."
The Forests (Wood Pulp Agreement) Act 1996 was assented to on 2 July
1996 and came into operation on 2 July 1996.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
31
2. Table of Amendments
There are no amendments made to the Forests (Wood Pulp Agreement) Act
1996 by Acts and subordinate instruments.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 16/1996
Forests (Wood Pulp Agreement) Act 1996
32
3. Explanatory Details
No entries at date of publication.
Endnotes