94The Parties recognise that export controls have been removed from Unprocessed Wood and Woodchips sourced from New South Wales Plantations in accordance with the Export Control (Unprocessed Wood) Regulations (C’wth).
95Parties agree that forest uses other than timber production will be determined in accordance with New South Wales legislation with due regard for protection of Environment and Heritage Values. In some limited circumstances that do not relate to the substance of this Agreement (for example foreign investment approval, export controls for non-forest products and major infrastructure developments) Commonwealth legislative provisions may also apply.
96Parties recognise that under the National Parks and Wildlife Act 1974 (NSW), issuing of new Mineral Exploration and Mining titles is not permitted (except by Act of Parliament) in national parks or historic sites, nature reserves, state game reserves, karst conservation reserves, aboriginal areas and regional parks.
97The Parties agree that Mining Operations are permitted within parts of the CAR Reserve System which are State forest or Crown Reserves in Attachments 1(A) and 1(B). In Informal Reserves, or in those parts of the CAR Reserve System described as ‘Values Protected by Prescription” in Attachments 1(A) and 1(B), NSW agrees that CAR values, as identified in Attachments 1(A) and 1(B), that are compatible with those Mining Operations will be maintained while, CAR values, as identified in Attachments 1(A) and 1 (B), not compatible with those Mining Operations will, where practicable, be provided for elsewhere.
98New South Wales will ensure that any proposed Mining Operations will be subject to environmental impact assessment (including species impact statements where required) under the provisions of the Environment Planning and Assessment Act 1979 (NSW). Mining Operations will be subject to the Mining Act 1992 (NSW), and the Petroleum (Onshore) Act 1991 (NSW). Mining will be in accordance with an approved Mining Operations Plan and Annual Environmental Management Reports. Rehabilitation of any sites disturbed by Mining Operations will be carried out in accordance with the provisions of the relevant statutes (including the Environmental Planning and Assessment Act 1979 (NSW) and the Mining Act 1992 (NSW)) and it will aim to achieve world’s best practice.
99Parties recognise that under the Competition Principles Agreement, Governments aim to achieve more transparency and greater efficiency in Government owned business enterprises. The Commonwealth agrees that the day to day pricing and allocation arrangements for wood from public forests are matters for New South Wales. New South Wales confirms its commitment to the pricing and allocation principles set out in the National Forest Policy Statement. New South Wales confirms that legislation and policies relevant to the allocation and pricing of hardwood logs from State forests will be reviewed as part of the Competition Principles Agreement.
100The results of the Comprehensive Regional Assessments of the forest values of the Upper North East and Lower North East regions indicated a number of areas requiring further research. New South Wales will establish a Research Liaison Committee to identify research priorities relating to forest management and publish a list of priorities by August 2000. Parties have outlined themes for further research in Attachment 7.
101In developing priorities, the Research Liaison Committee will take account of priorities arising out of the Comprehensive Regional Assessment process for the Upper North East and Lower North East regions, particularly those outlined in the reports titled Criteria, indicators, targets and monitoring processes of Ecologically Sustainable Forest Management for the Upper North East and Lower North East RFA Regions and Knowledge and Information Gaps for the Upper North East and Lower North East and Southern CRA/RFA regions.
102New South Wales will prepare by the first five-yearly review, a Compendium of New South Wales Forest Research that will provide a bibliography of research in progress as well as published and unpublished works.
103Parties agree to consult each other in the development of joint research projects that may affect the Agreement and note that the subject areas and priorities may change throughout the duration of the Agreement.
104Parties agree to make publicly available, wherever possible, research reports relevant to this Agreement.
105Parties agree to lodge archival copies of Data within six months of signing this Agreement.
106Parties agree to manage and provide access to Data, including models used to develop this Agreement, in accordance with the Data Agreement at Attachment 13 of this Agreement.
Nature of Obligations under this Part
107It is the intention of the Parties that this Part is to create legally enforceable rights and obligations. It is also their intention that, in the event that any provision of this Part exceeds the power of either Party or is unenforceable for any other reason, that provision is to be read as not intending to create legally enforceable rights and obligations.
108New South Wales will :
108.1In accordance with clause 99, under the Competition Principles Agreement review legislation and policies relevant to the allocation and pricing of hardwood logs from State forest;
108.2In accordance with clause 51, and as required by the Forestry and National Parks Estate Act 1998 (NSW) report annually to Parliament on compliance with any Integrated Forestry Operations Approval for the Upper North East and Lower North East regions and the New South Wales Upper North East Forest Region Agreement and Lower North East Region Forest Agreement;
108.3In accordance with clauses 37 and 51 furnish to the Commonwealth within 14 days:
a copy of annual reports of compliance with the New South Wales Upper North East Region Forest Agreement and Lower North East Region Forest Agreement and Integrated Forestry Operations Approval for the Upper North East and Lower North East regions, required by section 21 of the Forestry and National Parks Estate Act 1998 (NSW);
a copy of any Forest Agreement and Integrated Forestry Operations Approvals for the Upper North East and Lower North East regions, and any amendments to those documents; and
notification of termination, suspension or revocation of any Forest Agreement or Integrated Forestry Operations Approval;
108.4In accordance with clause 48(a), maintain a Forest Agreement covering the Upper North East and Lower North East regions for the duration of this Agreement;
108.5In accordance with clause 48(b), maintain an Integrated Forestry Operations Approval covering the Upper North East and Lower North East regions for the duration of this Agreement;
108.6In accordance with clause 48(d), complete and publish Regional ESFM Plans for State forests under the Forestry Regulation 1999 (NSW) under the Forestry Act 1916 (NSW) by 30 June 2000;
108.7In accordance with clause 48(g) implement the review and monitoring processes and develop the strategic and operational requirements of sustainable yield systems and processes using enhanced Forest Resource and Management Evaluation System (FRAMES) as described in Attachment 12 (Part E) to enable the review of Sustainable Yield by 1 December 2006 as described in Attachment 12 (Part B);
108.8In accordance with clause 48(h), develop and implement environmental management systems in accordance with the principles outlined in Attachment 8 within five years.
108.9In accordance with clause 57, produce a code of practice for timber harvesting of native forest on Private Lands by the first five-yearly review;
108.10In accordance with clause 78 implement the Long-term Timber Supply Strategy for the regions as at Attachment 12 of this Agreement; and
108.11In accordance with clauses 79 – 84 maintain contracted supply for High Quality Large Sawlogs and Large Veneer Logs.