111The Commonwealth and State Governments are committed to the provision of assistance, by way of the NSW Forest Industry Structural Adjustment Package, to native forest businesses and workers directly affected by restructuring of the NSW forest industry in accordance with the outcomes of this Agreement. The Commonwealth commits $60 million, effective upon the signing of all currently proposed RFAs, and the State Government $60 million to the NSW FISAP to achieve the required level of restructuring and to assist in the creation of an ecologically sustainable, efficient and internationally competitive timber industry with a focus on value-adding, investment growth, and job creation.
112This Agreement may only be terminated by the Commonwealth:
where the dispute resolution procedures in clauses 10 to 14 have been observed and the State has been given a 90 day period of notice on:
a failure by the State to comply with clause 67, being a failure to implement the CAR Reserve System described in Attachments 1(A) and 1 (B) and to manage and conserve the identified CAR Values; or
a failure to comply with clause 36, 48(a), and 48(b) being a failure to maintain a New South Wales Forest Agreement and an IFOA that reflects the outcomes of this Agreement throughout the life of this Agreement; or
a failure to comply with clause 48(d), being a failure to produce and publish by 30 June 2000 a Regional ESFM Plan; or
a failure to comply with clause 78 being to implement the Long-term Timber Supply Strategy and Sustainable Yield Systems and Processes described in Attachment 12; or
a failure to comply with clauses 48(h) and clause 57 being a failure to both develop and implement the environmental management systems in accordance with Attachment 8, and produce a Code of Practice for timber harvesting of native forest on Private Land.
other than a failure of a minor nature which is not one or part of a series of deliberate or reckless failures of a minor nature; and save that the above provisions do not apply if rectification is possible and has occurred before the end of the 90 day period; or
on a fundamental failure by the State to comply with the spirit of the Agreement after the observance of the dispute resolution procedures in clauses 10 to 14.
113This Agreement may only be terminated by the State:
where the dispute resolution procedures in clauses 10 to 14 have been observed and the Commonwealth has been given a 90 day period of notice on:
a failure by the Commonwealth to comply with the terms of any agreement on native forest hardwood timber industry assistance made pursuant to clause 111; or
a failure by the Commonwealth to comply with clause 110, being a failure to pay compensation due under that clause;
save that the above provisions do not apply if rectification is possible and has occurred before the end of the 90 day period; or
on a fundamental failure by the Commonwealth to comply with the spirit of the Agreement after the observance of the dispute resolution procedures in clauses 10 to 14.
114This Agreement may be terminated with the consent of the Commonwealth and the State.
Notice of intention to review before termination by consent
115A consent under clause 114 is of no effect, unless:
115.1it is given at least 12 months after a notice of intention to review the operation of this Agreement is published in the Commonwealth Gazette and a national newspaper and a newspaper circulating in New South Wales stating that a joint review is being undertaken by the Parties because they intend to terminate the Agreement by consent; and
115.2 the Parties have conducted the joint review as in accordance with this clause.
115.3 The joint review must consider whether the operation of the Agreement has met the goals set out in Recitals A and B.
115.4Within eight months after the notice of intention to review is published under this clause, and after considering any submissions to the joint review, the Parties must make a report of the review publicly available.
115.5If, under clause 40, a five-yearly review is to be conducted during the 12 month period after a notice of intention to review is published under this clause, and the joint review is conducted under this clause, the Parties may agree that the review under clause 40 need not be undertaken.
IN WITNESS WHEREOF this Agreement has been signed for and on behalf of the Parties as at the day and year first above written.
the HONOURABLE JOHN WINSTON HOWARD MP, Prime Minister