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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act.
Clause 4 states that the principal purpose of the proposed Act is to facilitate
the establishment and operation of a kraft pulp and paper mill near Tumut,
and provides that it is Parliament's intention that the State and its agencies
will promote that purpose and use their best endeavours to assist the
Company and other persons to obtain any necessary approvals and to ensure
that (within the applicable legislative structures) any such approvals will be
granted.
Clause 5 provides that the proposed Act binds the Crown.
Part 2
The Agreement
Clause 6 empowers the Forestry Commission to enter into the Agreement
despite the restriction under section 27A (2) of the Forestry Act 1916 on the
duration of timber licences. That restriction would limit the maximum term
of a timber licence to 20 years, and the clause enables the Agreement to
provide that that restriction will not apply to timber licences issued to the
Company.
Clause 7 provides that the Forestry Commission cannot be a party to an
amendment of the Agreement without the approval of the Minister. It also
provides a mechanism for the amendment of the Agreement in the event that
the Forestry Commission is dissolved or its relevant functions are transferred
to or devolve on another body or person.
Clause 8 enables the Agreement to contain provisions that prevent the
termination of the Agreement because of external events occurring beyond
the Forestry Commission's control.
Part 3
Guarantees and undertakings
Clause 9 enables the State to guarantee the performance of obligations and
liabilities of the Forestry Commission under the Agreement.
Clause 10 enables the State to undertake to reimburse the Forestry
Commission for liabilities under the Agreement arising because of external
events occurring beyond the Commission's control.
Part 4
Miscellaneous
Clause 11 deals with the situation where the Forestry Commission is
dissolved or its relevant functions are transferred to or devolve on another
body or person.
Explanatory note page 2
Clause 12 makes it clear that the provisions of clause 4 will not give rise to
legally enforceable rights or obligations.
Clause
provides that the Minister is the consent authority, for the
purposes of the Environmental Planning and Assessment Act 1979, for
development related to the Agreement. The Bill provides for this provision to
cease to have effect from a
date. The intention is that this would
occur when appropriate amendments to that Act are in force.
Clause
enables uncommenced provisions of the Act, if enacted, resulting
from the Environmental Planning and Assessment Amendment Bill 1997, to
be brought into operation for the purposes of activities related to the
Agreement. The Bill provides for this scheme to cease to have effect from a
gazetted date. The intention is that this would occur when the uncommenced
provisions are brought into operation.
Clause
provides that the Timber Plantations (Harvest Guarantee) Act
1995 applies to certain timber plantations with the modifications set out in
Schedule 1. The Bill provides for this provision to cease to have effect from a
gazetted date. The intention is that this would occur when appropriate
amendments to that Act are in force.
Clause
enables the making of regulations, including regulations
containing provisions of a savings or transitional nature consequent on the
making of orders under the proposed Act.
Clause
requires the proposed Act to be reviewed as soon as possible after
the period of 5 years following assent.
Schedule 1 contains the modifications of the Timber Plantations (Harvest
Guarantee) Act 1995 referred to in clause 15. They are based on amendments
contained in the Timber Plantations (Harvest Guarantee) Amendment Bill
1997.
Explanatory note page 3