Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT CONTROL (HARDWOOD WOOD CHIPS) REGULATIONS 1995 NO. 386

STATUTORY RULES 1995 No. 386

Issued by the Authority of the Minister for Resources

Export Control Act 1982

Export Control (Hardwood Wood Chips) Regulations

The Export Control Act 1982 (the Act) provides for the control over the export of certain prescribed goods. The Export Control (Unprocessed Wood) Regulations, made in 1986, and the Export Control (Unprocessed Wood) Regulations (Amendment), proposed to be made on the same day as the Export Control (Hardwood Wood Chips) Regulations, provide necessary support to the Act.

Regulation 2 of. the Export Control (Unprocessed Wood) Regulations (Amendment) will provide for hardwood wood chips to be the subject of separate regulations known as the Export Control (Hardwood Wood Chips) Regulations.

Regulation 4 of the Export Control (Hardwood Wood Chips) Regulations (the new Regulations) provides for the declaration of prescribed goods, being hardwood wood chips (except wood chips derived either from sandalwood, or from plantation-grown trees).

Details of the Regulations are set out in the Attachment.

The Regulations commence upon gazettal.

ATTACHMENT

PART 1

Regulation 1 provides for citation of the Export Control (Hardwood Wood Chips) Regulations.

Regulation 2 sets out the purpose of the Regulations.

Regulation 3 provides for definitions of terms in the Regulations.

Regulation 4 provides for the declaration of prescribed goods to include hardwood wood chips (except wood chips derived either from sandalwood, or from plantation-grown trees).

Regulation 5 provides that the Minister may not give preference to one State or any part thereof over another Sate or any part thereof.

Regulation 6 prohibits the export of controlled wood chips without a licence, unless the export is a trial shipment as defined in the Regulation or an export of less than 2 tonnes green mass.

PART 2 provides conditions and restrictions relating to the granting of a Regional Forest Agreement (RFA) licence, if there is in place an RFA as defined in Regulation 3, as follows.

Regulation 7 provides that a person may apply in writing for an RFA licence and must give the Minister any information that he or she reasonably requests in relation to the application.

Regulation 8 contains the power of the Minister to grant or refuse to grant a licence and ensures that the granting of an RFA licence is consistent with the relevant RFA. It also prescribes the action the Minister must take following the refusal of an application for an export licence, including the provision of a statement setting out the reasons for refusal.

Regulation 9 specifies that controlled wood chips are to be derived only from a region where an RFA is in force.

Regulation 10 allows for conditions and restrictions which may be included in an RFA licence.

PART 3 provides for first-stage and second-stage licences, pending the existence of RFAs, as follows.

Regulation 11 establishes a national ceiling for the export of controlled wood chips in 1996 and the formula by which the ceiling shall be calculated annually.

Regulation 12 provides that a person may apply in writing for a first-stage licence and must give the Minister any information that he or she reasonably requests in relation to the Application. It also provides a method for considering outstanding applications at the time of the commencement of the Regulations.

Regulation 13 prescribes the matters to which the Minister may have regard in granting or refusing a first-stage licence.

Regulation 14 contains the power of the Minister to grant or refuse to grant a first-stage licence. It also prescribes the action the Minister must take following the refusal of an application for a first-stage licence.

Regulation 15 requires the Minister to allocate a total allocation for the calendar year to each first-stage licence holder and prescribes a formula for the calculation of the tonnage available for export under a first-stage licence for each calendar year to 1999. Not more than one region may be specified in a licence under this Regulation. it also provides for other conditions or restrictions which may be specified in the licence such as the period during which the licence has effect, and any time at which a licence holder must comply with any conditions or restrictions.

Regulation 16 provides for the matters to which the Minister must have regard when considering the granting of a second-stage licence.

Regulation 17 prescribes the matters which the Minister must take into account in determining whether a State has taken all reasonable steps to adequately protect areas that may be required for a comprehensive, adequate and representative national forest reserve system, including the requirement for the Minister to consult with the appropriate State Minister(s), and make the decision personally.

Regulation 18 allows a second-stage licence to be granted to a first-stage licence holder where that licence holder has the benefit of a decision under Regulation 17 by the Minister concerning reasonable steps. It provides that the conditions of a second-stage licence will be subject to the same conditions and restrictions as the related first-stage licence, except as set out in Regulation 18.

PART 4 provides for dealings with licences, as follows.

Regulation 19 makes clear that Part 4 Applies to an RFA licence, a first-stage licence or a second-stage licence.

Regulation 20 allows for surrender of a licence in certain circumstances.

Regulation 21 allows for the surrender and exchange of a licence in certain circumstances.

Regulation 22 allows for assignment of licences in certain circumstances.

Regulation 23 allows the Minister to suspend, vary conditions or restrictions, or impose additional conditions or restrictions upon a licence if the Minister has reasonable grounds to do so.

Regulation 24 allows the Minister to revoke a licence if the holder of a licence fails to comply with a condition or restriction of the licence.

PART 5 provides for reconsideration and review of certain decisions, as follows.

Regulation 25 provides for definitions of terms in the following regulations.

Regulation 26 provides for statements to be provided to accompany notification of certain decisions to include avenues of appeal if the relevant person is dissatisfied with the decision.

Regulation 27 provides that a relevant person in relation to a decision may request reconsideration of certain decisions by the Minister.

Regulation 28 provides for applications for review of reviewable decisions to the Administrative Appeals Tribunal.

PART 6 contains miscellaneous provisions, as follows.

Regulation 29 makes clear that Part 6 applies to an RFA licence, a first-stage licence or a second-stage licence.

Regulation 30 prescribes that the holder of a licence under these Regulations keep such records as the Minister reasonably requires.

Regulation 31 prescribes that the Minister may delegate to an officer of the Department of Primary Industries and Energy any of his or her powers under these Regulations, other than the power of delegation.

THE SCHEDULE is made under Regulation 3 and provides definitions of regions for the purpose of the new Regulations, in particular Part 2 regarding RFAs.

•       minimises adverse effects on the environment of obtaining the wood chips,

-       encourages investment in value-added production in forest industries and other related industries, and

-       takes account of possible economic, social and operational impacts of a decision to grant or refuse a licence.

Details of the Regulations are set out in the Attachment.

The proposed Regulations would commence upon gazettal.

The Minute recommends that the Regulations be made in the form proposed.

Authority: Section 25 of the Export: Control Act 1982