An Act to provide for the payment of expenditure on forest industry restructuring, nature conservation and certain other environmental initiatives from the Environmental Trust, and for other purposes.
long title: Am 1998 No 82, Sch 2.1 [1].
1 Name of Act
This Act is the Forestry Restructuring and Nature Conservation Act 1995.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
In this Act:Budget Papers means the Budget Papers tabled in Parliament (whether before or after the commencement of this section).Environmental Trust Act means the Environmental Trust Act 1998.Fund means the Environmental Trust Fund established under the Environmental Trust Act.s 3: Am 1998 No 82, Sch 2.1 [2].
4 Payments from the Fund for certain programs
(1) There is to be paid out of the Fund such amounts as the Minister for the Environment directs for payment into the Consolidated Fund to offset the amounts paid from the Consolidated Fund for the following expenditure:(a) Expenditure for the purpose of implementing a program of forest industry restructuring, shown in the Budget Papers as expenditure to be recouped from the Fund. That expenditure is referred to in this Act as forest industry restructuring expenditure.(b), (c) (Repealed)(d) Expenditure for the purpose of implementing forestry restructure and assistance schemes and programs in the Brigalow and Nandewar and adjacent areas, including business exit assistance, timber worker assistance and industry development assistance, shown in the Budget Papers or declared in writing by the Treasurer as expenditure to be recouped from the Fund. That expenditure is referred to in this Act as Brigalow and Nandewar areas expenditure.(1A) (Repealed)(2) The Treasurer is to certify to the Minister from time to time the amounts paid from the Consolidated Fund for the expenditure referred to in this section.(3) Money is not to be paid from the Fund under this Act in respect of forest industry restructuring expenditure unless the Minister for Land and Water Conservation certifies that the expenditure has been incurred for the purpose of implementing a program designed to assist persons affected by Government forest conservation initiatives.(4) (Repealed)(5) Money is not to be paid from the Fund under this Act in respect of Brigalow and Nandewar areas expenditure unless the Minister for the Environment and the Minister for Primary Industries jointly certify that the expenditure has been incurred for the purposes of implementing a scheme or program designed to assist persons affected by Government forest conservation initiatives in the Brigalow or Nandewar areas.s 4: Am 1997 No 64, Sch 4.1; 1998 No 82, Sch 2.1 [5]; 2005 No 56, Sch 12.3 [1]–[3].
5 Minister determines timing and details of payment
The timing of payments from the Fund under this Act and the amount of a particular payment on a particular occasion are to be as determined by the Minister for the Environment. The Minister is to be mindful of the need for the Fund to be able to earn income in order to meet its projected commitments under this Act and the Environmental Trust Act over the period of operation of this Act.s 5: Am 1998 No 82, Sch 2.1 [6] [7].
6 Limits on payments from the Fund
(1) The total amounts paid from the Fund under this Act must not exceed the following limits:(a) $80.0 million in respect of forest industry restructuring expenditure.(b), (c) (Repealed)(2) Of the total amount paid from the Fund under this Act in respect of forest industry restructuring expenditure, no more than $10 million is to be paid in respect of expenditure shown in the Budget Papers as expenditure to compensate timber lorry owner-drivers.s 6: Am 1998 No 82, Sch 2.1 [8]; 1999 No 50, Sch 1 [1]; 2005 No 56, Sch 12.3 [4].
7 Sunset of payments—forestry industry restructuring expenditure
Payments from the Fund under this Act in respect of forestry industry restructuring expenditure may not be made after 30 June 2007.s 7: Am 1998 No 82, Sch 2.1 [9]–[11]; 1999 No 50, Sch 1 [2]. Subst 2005 No 56, Sch 12.3 [5].
8 (Repealed)
s 8: Rep 2005 No 56, Sch 12.3 [6].
9 Payments can be made out of capital and income
Payments under this Act can be made out of both capital and income of the Fund.
10 (Repealed)
s 10: Am 1998 No 82, Sch 2.1 [12] [13]. Rep 2005 No 56, Sch 12.3 [6].
11 Minister to report on payments from the Fund
(1) Each Minister who is responsible for forestry industry restructuring expenditure recouped from payments from the Fund under this Act is to furnish reports on the expenditure for tabling in both Houses of Parliament. A Minister is responsible for expenditure on schemes or programs carried out by a department or other agency for which the Minister is responsible.(2) Reports are to be made for the period from the commencement of this section to 31 December 1995 and for each 6 month period after that to 30 June or 31 December with the final report for the period to 30 June 2007. Each report is due within 3 months after the end of the period to which it relates.(3) The reports are to give a detailed breakdown of the expenditure that they cover showing how much was paid out of each of the Fund and how much is referable to each particular scheme or program concerned.s 11: Am 1998 No 82, Sch 2.1 [14]; 1999 No 50, Sch 1 [3]; 2005 No 56, Sch 12.3 [7] [8].
12 Audit by Auditor-General of payments from the Fund
The audit of the accounts relating to the Fund by the Auditor-General under the Public Finance and Audit Act 1983 is to include an audit of the payments made from the Fund under this Act.
13 (Repealed)
s 13: Rep 1998 No 82, Sch 2.1 [15].
Schedules 1, 2 (Repealed)
sch 1: Am 1998 No 82, Sch 2.1 [16]. Rep 2005 No 56, Sch 12.3 [9].
sch 2: Rep 1998 No 82, Sch 2.1 [17].