Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Forests (Dunstan Agreement) (Amendment) Act
1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. Principal Act 2
4. Ratification of further Agreement 2
5. New section 7 inserted 2
7. Further power of amendment 2
6. Amendment of Principal Act 2
7. New Schedule 2 inserted 3
SCHEDULE 2 3
NOTES 9
i
531226B.I1-15/9/97
Clause Page
THIS PAGE IS TO BE MASKED
ii
531226B.I1-15/9/97
PARLIAMENT OF VICTORIA
A BILL
to ratify a further agreement and to amend the Forests (Dunstan
Agreement) Act 1987 and for other purposes.
Forests (Dunstan Agreement)
(Amendment) Act 1997
Preamble
The Treasurer, the Minister for Conservation and
Land Management, the Victorian Plantations
Corporation and A. Dunstan Timber Sales Pty
Limited have agreed to certain amendments to an
agreement entered into on 7 April 1987 for the
supply of softwood for certain operations
undertaken by A. Dunstan Timber Sales Pty Ltd.
It is expedient to ratify the agreement for those
amendments and to make certain amendments to
the Forests (Dunstan Agreement) Act 1987.
1
531226B.I1-15/9/97
Forests (Dunstan Agreement) (Amendment) Act 1997
s. 1
Act No.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The purpose of this Act is to ratify a further
agreement and to amend the Forests (Dunstan
Agreement) Act 1987.
5 2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
No. 23/1987. 3. Principal Act
Affected by
No. 61/1993. In this Act, the Forests (Dunstan Agreement)
10 Act 1987 is called the Principal Act.
4. Ratification of further Agreement
After section 5(1) of the Principal Act insert--
"(1A) The Deed of Amendment, a copy of which is
set out in Schedule 2, is ratified and takes
15 effect as if it had been enacted in this Act."
5. New section 7 inserted
After section 6 of the Principal Act insert--
"7. Further power of amendment
In addition to the powers under the
20 Agreement (as amended by the Deed of
Amendment referred to in section 5(1A)),
the Victorian Plantations Corporation and
A. Dunstan Timber Sales Pty Ltd may from
time to time, with the approval of the
25 Minister, amend the Agreement.".
6. Amendment of Principal Act
In the Principal Act--
2
531226B.I1-15/9/97
Forests (Dunstan Agreement) (Amendment) Act 1997
s. 7
Act No.
(a) in section 3, for "the Schedule" substitute
"Schedule 1";
(b) in section 5(2), for "Forests Commission"
substitute "Victorian Plantations
5 Corporation";
(c) in section 6, after "provisions" insert "or
section 7";
(d) in the heading to the Schedule, for
"SCHEDULE" substitute "SCHEDULE
10 1".
7. New Schedule 2 inserted
After the Schedule, insert--
'SCHEDULE 2
Deed of Amendment
15 THIS DEED is made on the 25 day of August 1997
BETWEEN:
(1) The Honourable, The Treasurer of the State of Victoria; and
(2) The Honourable, the Minister for Conservation and Land Management
of the State of Victoria; and
20 (3) The Victorian Plantations Corporation, of Level 3, 517 Flinders Lane,
Melbourne, Victoria ("VPC"); and
(4) A. Dunstan Timber Sales Pty Limited (ACN 004 660 333)
(the "Company").
WHEREAS
25 A. On the 7th April 1987 an Agreement (the "Dunstan Agreement") was
entered into between The Treasurer of the State of Victoria of the first part
and The Minister for Conservation, Forests and Lands of the second part and
the Forests Commission ("the Commission") of the third part and A.
Dunstan Timber Sales Pty Ltd of the fourth part. By section 5 of the Forests
3
531226B.I1-15/9/97
Forests (Dunstan Agreement) (Amendment) Act 1997
s. 7
Act No.
(Dunstan Agreement) Act 1987, the Dunstan Agreement was ratified,
validated, approved and given the force of law.
B. On the 23rd April 1986 an Agreement ("Bowater-Scott Agreement")
was entered into between The Treasurer of the State of Victoria of the
5 first part, and The Minister for Conservation, Forests and Lands of the
second part and the Commission of the third part and Bowater-Scott
Limited of the fourth part. By section 5 of the Forests (Bowater-Scott
Agreement) Act 1986 the Bowater-Scott Agreement was ratified,
validated and approved and given the force of law.
10 C. Clause 29(1) of the Dunstan Agreement permits VPC and the Company
to amend the Dunstan Agreement "by such addition, deletions and variations
of matters of detail as may be necessary or desirable to facilitate the carrying
on of the industry".
D. By a Notice of Variation dated the 28th day of March 1991 made
15 between the Acting Director-General of the Department of
Conservation and Environment and the Company, the Dunstan
Agreement was amended pursuant to clause 29(1).
E. By a Notice of Variation dated the 5th day of July 1992 made between
the Director-General of the Department of Conservation and
20 Environment and the Company, the Dunstan Agreement was amended
pursuant to clause 29(1) but such amendment has been rescinded with
effect from its date of inception.
F. By an Amending Agreement dated the 27 day of March 1997 between
VPC and the Company, the Dunstan Agreement was amended pursuant
25 to clause 29(1).
G. By section 30 of the Victorian Plantations Corporation Act 1993 any
reference to the Director-General or the Forests Commission in either
of the Dunstan Agreement or the Bowater-Scott Agreement must on
and from 1 July 1993 be taken as a reference to VPC.
4
531226B.I1-15/9/97
Forests (Dunstan Agreement) (Amendment) Act 1997
s. 7
Act No.
H. On the 24th day of February 1995 Bowater-Scott Limited changed its
name to Carter Holt Harvey Wood Products Australia Limited
("CHH").
I. VPC and CHH wish to enter into a log supply contract and to
5 contemporaneously terminate the Bowater-Scott Agreement in
accordance with clause 30(2) of the Bowater-Scott Agreement.
J. Clause 12 of the Dunstan Agreement sets out the entitlement of
Dunstan to a minimum annual supply of sawlog but such entitlement is
expressed to be "subject always to the existing entitlement to Bowater-
10 Scott Limited of softwood in the Ovens and Koetong Plantations".
K. The parties wish to amend the Dunstan Agreement so that in the event
that the Bowater-Scott Agreement is determined, the expression "the
existing entitlement to Bowater-Scott Limited" is expressed in more
objective terms, to facilitate the amendment of the Dunstan Agreement
15 where the approval of the Minister is given and for other purposes.
NOW THIS DEED WITNESSETH:
1. In clause 1 of the Dunstan Agreement the definition of "Commission"
shall be deleted and the following substituted therefor:
"Commission" means the Forests Commission, its successors and
20 assigns until 30 June 1993 and on and from 1 July 1993 means
Victorian Plantations Corporation, its successors and assigns.
2. In clause 12(1) of the Dunstan Agreement the expression "existing
entitlement of Bowater-Scott Limited" shall be deleted and the words
"Reserved Entitlement of the Commission" substituted therefor.
25 3. In clause 12(1) of the Dunstan Agreement the expression "Ovens and
Koetong Plantations" where twice appearing shall be deleted and the
expression "Koetong Plantations" substituted therefor.
4. Clause 12(1)(cc) of the Dunstan Agreement shall be deleted.
5
531226B.I1-15/9/97
Forests (Dunstan Agreement) (Amendment) Act 1997
s. 7
Act No.
5. Clause 12(1)(d) and the proviso to clause 12(1)(d) of the Dunstan
Agreement shall be deleted and the following inserted therein:
"(d) For the period year 1996/97 to year 1999-2000 -
72,000m3 per annum from the Koetong Plantations;
5 (e) For the period year 2000/01 to year 2025/26 -
96,000m3 per annum from the Koetong Plantations.
Provided that the Commission gives to the Company the right of
first refusal on all volumes of sawlog available from the Koetong
Plantations and subject always to the Reserved Entitlement herein
10 before referred to.".
6. At the end of clause 12 of the Dunstan Agreement the following sub-
clause will be inserted:
"(6) In this clause the expression "Reserved Entitlement" means for the
period years 1996-97 to 2025-26 not less than 65,000 cubic metres
15 per annum of sawlogs equal to or greater than 20cm. CDUB with
Radiata Pine as the major species from the Koetong Plantations
but not in any event exceeding 375,000 cubic metres in any five
year period.".
7. In clause 29 of the Dunstan Agreement a new subclause (3) will be
20 inserted:
"(3) The Commission and the Company may with the approval of the
Minister from time to time amend this Agreement where the
proposed additions, deletions or variations do not fall within the
scope of subclause (1) of this clause.".
25 8. The amendments made by clauses 1, 2, 3, 4, 5 and 6 of this Deed will
take effect on the date hereof and remain in force notwithstanding that
the Bowater-Scott Agreement is determined pursuant to clause 29 or
6
531226B.I1-15/9/97
Forests (Dunstan Agreement) (Amendment) Act 1997
Act No.
clause 30(2) of the Bowater-Scott Agreement or is validly terminated
for any other reason or cause. The amendment made by clause 7 will
take effect on the date upon which the Parliament of the State of
Victoria ratifies this Deed.
5 9. In all other respects the provisions of the Dunstan Agreement as
amended by the Notice of Variation referred to in Recital D and the
Amending Agreement referred to in recital F are confirmed.
10. The Minister sanctions this Agreement.
IN WITNESS WHEREOF the parties have executed this Deed the day and year
10 hereinbefore written.
SIGNED, SEALED AND DELIVERED
ALAN R
by The Honourable, the Treasurer of the
STOCKDALE
State of Victoria in the presence of:
MARC CARDEN
Witness
SIGNED, SEALED AND DELIVERED
by The Honourable, the Minister for
MARIE T TEHAN
Conservation and Land Management in the
presence of:
PENNY CAMPBELL
Witness
The Official Seal of VICTORIAN
PLANTATIONS CORPORATION was
LS
hereunto affixed by authority of it's directors in
the presence of:
R E CLEMENTS, Director
K S WHITE, Managing Director
The Common Seal of A. Dunstan Timber Sales
Pty Limited (ACN 004 660 333) was hereunto
affixed by authority of a resolution of its Board
of Directors under the hands of a Director and
LS
Secretary thereof both being duly authorised in
that behalf in the presence of:
7
531226B.I1-15/9/97
Forests (Dunstan Agreement) (Amendment) Act 1997
s. 7
Act No.
A VOGT, Director
G FABER, Secretary
'.
8
531226B.I1-15/9/97
Forests (Dunstan Agreement) (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
9
531226B.I1-15/9/97
[Index] [Search] [Download] [Related Items] [Help]