Final north east nsw rfa



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3In this Agreement unless the contrary intention appears:


(a) A reference to a clause or Attachment is a reference to a clause or Attachment to this Agreement and a reference to this Agreement includes a reference to an Attachment;

(b) A reference to this Agreement or another instrument is a reference to this Agreement or that other instrument as amended or varied from time to time;

(c) A reference to a statute or ordinance includes any consolidations, amendments, re-enactments or replacements thereof and also includes regulations and other instruments made under them;

(d) A reference to a code or other instrument includes any consolidations or amendments thereof;

(e) A word importing the singular includes the plural and vice versa, a word importing a gender includes each other gender and a reference to a person includes an individual, firm, body corporate, association (whether incorporated or not), government, governmental or semi-governmental body, local authority or agency;

(f) A reference to an act, matter or thing includes the whole or any part of that act, matter or thing and a reference to a group of acts, matters, things or persons includes each act, matter, thing or person in that group;

(g) Where any terms and conditions are added to an Attachment of this Agreement it is agreed that those terms and conditions will form part of this Agreement;

(h) Headings are inserted for convenience and do not affect the interpretation of this Agreement.


Definition of the Regions

4The area covered by this Agreement includes two regions: the Upper North East Region (Map 1(A)) and the Lower North East Region (Map 1(B)).

Duration of Agreement

5This Agreement takes effect upon signing by both Parties and, unless earlier terminated in accordance with clauses 112, 113, 114 or 115, will remain in force for 20 years.

6The process for extending the Agreement for a further period will be determined jointly by the Parties as part of the third five-yearly review.

Basis of Agreement – National Forest Policy Statement

7The Parties confirm their commitment to the goals, objectives and implementation of the National Forest Policy Statement (NFPS) by:


(a) Developing and implementing Ecologically Sustainable Forest Management (ESFM);

(b) Establishing a Comprehensive, Adequate and Representative (CAR) Reserve System;

(c) Facilitating the development of an internationally competitive wood production and wood products industry; and

(d) Promoting the conservation and management of the private forest estate.


Changes to the Agreement

8This Agreement may only be amended with the consent, in writing, of both Parties. Parties agree to work cooperatively to address any differences between them as to the interpretation or implementation of the Agreement.

Dispute Resolution

9The Parties agree that if a dispute arises between the Parties regarding this Agreement it must be resolved expeditiously in accordance with the provisions of clauses 10 to 14.

10When a dispute arises, a Party may serve a notice on the other specifying:


  1. the nature and substance of the matter or issue in dispute;

  2. that it is a dispute to be resolved in accordance with clauses 10 to 14.

11If a notice is served under clause 10 the Parties must attempt to settle the dispute within 14 days. At the expiration of that 14 days and, if agreed, any additional period the Parties must appoint a mediator to conduct a mediation concerning the matter or issue in dispute.

12If the dispute is not settled under clause 11 and the Parties fail to appoint a mediator, either of them may request the President of the Law Council of Australia, or the equivalent officer of such body as in future may have the functions of the Law Council of Australia, to nominate a mediator to conduct the mediation.

13The costs of a mediator appointed under clauses 11 or 12 are to be shared equally between the Parties.

14Each of the Parties agrees to use its best endeavours to resolve the dispute through mediation.

Notices

15Any notice or other communication to be given or made pursuant to this Agreement shall be in writing and addressed as the case may be as follows:


THE STATE

Director-General

Premier’s Department

Governor Macquarie Tower

1 Farrer Place

SYDNEY NSW 2000



THE COMMONWEALTH

The Secretary

Department of the Prime Minister and Cabinet

3-5 National Circuit


BARTON ACT 2600




PART 2

16This Part is not intended to create legally binding relations and provisions in Part 1 in so far as they relate to Part 2 are also not binding. Where there are references in this Part to obligations which are referred to in Part 3 and are intended to be legally binding, they are only included in Part 2 insofar as they provide context and for the sake of completeness so that the whole scheme which the Parties wish to implement is set out in this Part. The inclusion of references to these legally binding obligations in Part 2 does not derogate from the Parties intent that they be legally binding in Part 3.

FUNCTIONING OF THE AGREEMENT

Relationship to Previous Inter-Government Forest Agreements

17(a) In relation to both the Upper North East and Lower North East regions, this Agreement replaces the Deferred Forest Agreement, signed by the Commonwealth and New South Wales Governments on 25 January 1996, and as subsequently amended.


(b) New South Wales, in signing this Agreement, states that the area deferred from timber harvesting by the New South Wales Government Interim Forestry Assessment decision of 23 September 1996 (ie the Interim Deferred Forest Area), no longer applies in relation to the Upper North East and Lower North East regions.
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