Tasmanian Bills Fact Sheets Tasmanian Bills Fact Sheets[Index] [Search] [Download] [Bill] [Help]
Tasmanian Forests Agreement Bill 2012
FACT SHEET
The purpose of the Tasmanian Forests Agreement Bill 2012 is to: provide wood resource
security for the Tasmanian forest industry; to establish a process for making formal reserves
for the purposes of the Tasmanian Forests Intergovernmental Agreement; and to create
reserves for the purposes of benefitting economically from the carbon in Tasmania's forests.
On 7 August 2011 the Tasmanian Government entered into an agreement
with the Commonwealth Government; the Tasmanian Forests
Intergovernmental Agreement ("the Agreement"). Under the Agreement the
Governments agreed to work together to progressively transition the
Tasmanian forest industry to a more sustainable footing whilst ensuring that
Tasmanian native forest with high conservation values is further protected by
the creation of reserves that expand the National Reserve System.
In particular, the Governments agreed that:
Wood supply for the Tasmanian forest industry will be guaranteed
("wood resource security");
High conservation value areas will be identified and their protection will
be legislated under the National Reserve System as native wood supply
capacity is retired;
Following a reconciliation of wood supply and conservation demands
and until such time as formal protection as reserves is achieved, the
Tasmanian Government will ensure that all areas determined as being
of high conservation value and compatible with the guaranteed wood
supply are placed, or remain, in informal reserves and are not used for
wood supply;
The Tasmanian Government will introduce legislation no later than
30 June 2012 into Parliament to give effect to the above;
If legislation is not passed by both Houses of Parliament within three
months of its introduction, either Government may request a review of
the funding under the Agreement.
A final position on the reservation of areas of high conservation value is
currently being negotiated by representatives from forest industry,
environment, community and union groups ("the Signatories").
1
The Tasmanian Forests Agreement Bill 2012 ("the Bill") provides wood resource
security by amendment to the Forestry Act 1920 and establishes a special
process for making land, identified by the Signatories, into reserves under the
Nature Conservation Act 2002. It also includes provisions to allow reserves
made under the Bill, to be declared for the additional purpose of removing
carbon dioxide from the atmosphere and avoiding emissions of greenhouse
gas attributable to changed forest management practices.
The Bill provides continuing wood supply
The Bill amends S.22AA of the Forestry Act 1920 to lower the minimum
aggregate quantity of eucalypt veneer logs and eucalypt sawlogs, to be
made annually available by Forestry Tasmania from multiple use forest land
("the minimum aggregate quantity"), from 300 000 cubic metres to 155 000
cubic metres, unless otherwise prescribed by regulation. It also provides the
ability, through regulation, to require Forestry Tasmania to make available
quantities of other timber, if required.
The Bill also provides that "multiple use forest land" and "Register of Multiple
Use Forest Land", as defined in the Forestry Act, will change their name to
become "permanent timber production land" and "Register of Permanent
Timber Production Zone Land" respectively. The change will not take effect
until such time as a proposed reserve order is accepted by Parliament.
The Bill provides a mechanism for setting aside land that can be processed as
reserves under the Bill
As a result of ongoing negotiations between the Signatories, it is expected
that land with conservation values will be identified for inclusion in the
National Reserve System.
The Bill provides that the Minister can make an order to set aside parcels of
land that can be proposed as reserves under this Bill ("the protection order").
"Land" is land that is owned by the Crown, a Government Business Enterprise
or a State-owned company.
The protection order must contain information relating to each parcel of
land, including: its indicative boundaries, values and purpose. The values and
purpose included in the protection order will mirror the values and purpose
set out in Schedule 1 of the Nature Conservation Act. The Bill amends the
Nature Conservation Act to create an additional purpose for reserving land
to be the removal of carbon dioxide from the atmosphere and avoided
emission of greenhouse gases.
2
The protection order may also identify whether a parcel of land can be
processed immediately as a reserve or specify a date by which each parcel
of land must be further considered by Parliament for processing as a reserve.
Where the protection order identifies land that can be processed
immediately as a reserve, the Minister must obtain advice from the Minister
administering the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth)
("the CFI Act") as to whether or not that land will, by virtue of its reservation
under this Bill, be excluded from being considered as part of a carbon
farming project under the CFI Act.
The protection order is of no effect until it has been accepted by both Houses
of Parliament.
The Bill provides protection to land set aside for processing as reserves
On acceptance of the protection order by both Houses of Parliament, the
land is subject to certain protections. In particular, the Bill:
Provides that land included in the order can be referred to as
"protection order land";
Allows land identified in the protection order as being able to be
processed immediately as a reserve to commence being processed;
From the date specified in the protection order, prevents a regulator
acting under any other Act, from authorising, approving or permitting a
prohibited activity identified in the protection order in relation to a
parcel of land;
Extinguishes the certified forest practices plans identified in the
protection order in relation to a parcel of land;
Suspends forestry covenants and forestry rights identified in the
protection order in relation to a parcel of land;
Prevents the manager or owner of the land from selling the land; and
Prevents the manager or owner of the land from granting a right or
interest over the land (for example a lease) for a period exceeding
12 months without the written permission of the Minister administering
the Nature Conservation Act.
The Bill provides that any other authorities, approvals or permits in place at
the time of the protection order being made are not extinguished and
remain in place.
3
The land manager or owner of land can also continue to perform its function,
exercise its powers and discharge its obligations in relation to the land.
The Bill provides a process for commencing formal reservation of the land
identified in the protection order
The Bill provides the Minister with the power to propose that land in the
protection order commence being processed as a reserve, through the
making of a proposed reserve order.
Before making a proposed reserve order, the Minister must prepare a
"durability report", and obtain advice from the Minister administering the
Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) ("the CFI Act") as
to whether or not the land in the protection order will, by virtue of its
reservation under this Bill, be excluded from being considered as part of a
carbon farming project under the CFI Act.
The proposed reserve order, the durability report and the advice from the
Commonwealth Minister must be tabled concurrently in Parliament.
If the proposed reserve order is accepted by both Houses of Parliament, then
the parcels of land contained in the order may proceed through a process to
make formal reserves for the purposes of the Nature Conservation Act.
If a proposed reserve order is rejected by either House of Parliament it may
be tabled on one further occasion, within 12 months or within such other
period as may be prescribed. It is intended that the making of further
proposed orders will not occur during this time.
If the proposed reserve order is rejected by Parliament on a second occasion
the process established by the Bill ceases. However, land that has already
been the subject of a proposed reserve order, accepted by both Houses of
Parliament, will continue through the reserve making process.
The Bill establishes a process for determining the final boundaries values and
purpose for each proposed reserve
On the acceptance of a proposed reserve by both Houses of Parliament, the
Nature Conservation Minister can commence the reserve making process for
the parcels of land contained in the proposed reserve.
In making the reserves, the Department of Primary Industries, Parks, Water
and Environment (DPIPWE) will undertake the administrative processes that it
would normally have undertaken if the land was being made a reserve
pursuant to the Nature Conservation Act.
4
As part of this process, the DPIPWE will review the boundaries, values and
purpose for each parcel of land and provide advice to the Nature
Conservation Minister as to the final boundaries, values and purpose for each
proposed reserve.
The Minister will then make a determination as to the final boundaries, values
and purpose for each proposed reserve, and make a further determination
as to whether the final boundaries and purpose are substantially the same as
those that Parliament has accepted.
Where the Nature Conservation Minister determines the final boundaries,
values and purpose are substantially the same as those accepted by
Parliament, the Minister may proceed to reserve the land.
However, where the Nature Conservation Minister determines that the final
boundaries, values, and/or purpose do not substantially accord with those
accepted by Parliament, the Nature Conservation Minister must obtain the
acceptance by both House of Parliament of the revised boundaries, values
and/or purpose.
If Parliament does not accept the revised boundaries, values and/or purpose
the land to which it relates is removed from the reserve making process and
the protection order. If the revised boundaries, values and/or purpose are
accepted by Parliament, the Minister may proceed to reserve the land.
The Bill provides a process by which the Governor can proclaim land to be a
reserve for the purposes of the Nature Conservation Act
Once the final boundaries, values and purpose are determined, the Nature
Conservation Minister makes a recommendation to the Governor that the
Governor declare the land to be a type of reserve under the Nature
Conservation Act.
Schedule 1 of the Nature Conservation Act sets out the values and purpose
that relate to each type of reserve. The Bill requires that the type of reserve
being made for each parcel of land must accord with the values and
purpose of the land accepted by Parliament.
The Bill allows the Governor to identify whether the land is being reserved for
the additional purpose of removing carbon dioxide from the atmosphere
and avoiding emissions of greenhouse gas attributable to changed forest
management practices.
The Bill specifies the effect of a proclamation being made by the Governor
On the making of a proclamation by the Governor:
5
Any contract for sale over the reserved land is extinguished (and the
purchaser is entitled to compensation);
Any forestry right or forestry covenant (as defined in the Forestry Rights
Registration Act) is extinguished (and the holder of that right or
covenant is entitled to compensation);
The land is removed from the Register of Multiple Use Forest Land and
any dedication as State forest (with the meaning of the Forestry Act) is
revoked;
Any land that is not Crown land becomes Crown land;
The land described in the proclamation is taken to have been reserved
under the Nature Conservation Act as a type of reserve and with the
name specified in the proclamation;
The protection order ceases to apply to the land; and
The reserve is administered under the National Parks and Reserves
Management Act 2002 by the Parks and Wildlife Service.
Except for leases and licences issued under the Mineral Resources
Development Act 1995, all leases, licences temporary licences, occupation
permits or burdening easements in place immediately before the
proclamation remain in place; however, their management transfers from the
original grantor to the Reserves Management Minister. Leases and licences
issued under the Mineral Resources Development Act are unaffected.
The Bill provides for a number of other matters
The Bill provides for Ministers operating under the Bill to request any
information from a Government Business Enterprise or State-owned company
that the Ministers require to perform their functions or exercise their powers
under the Bill. It also provides for a special advisory committee to be
established to assist with matters relating to the administration of the Bill.
The Bill provides the Reserves Management Minister with various powers to
transfer assets, contracts and liabilities from owners and managers of land,
reserved under this Bill, to the Crown and from the Crown to those owners
and managers.
6