Final north east nsw rfa

Relationship to Statutory Obligations

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Relationship to Statutory Obligations

18This Agreement cannot impose on either Party or a third party any obligation that is inconsistent with Australia’s international obligations, or a law of the Commonwealth or of New South Wales.

19Neither Party will seek to use existing or future legislation to undermine or impede this Agreement.

20The Commonwealth, in signing the Agreement, confirms that its obligations under the Australian Heritage Commission Act 1975 (C’wth) have been met.

21Parties will manage their respective responsibilities with regard to the National Estate in accordance with the provisions of this Agreement as detailed in Attachment 4.

22Parties acknowledge that the National Heritage Places Strategy may have implications for the cooperative management of the National Estate and agree to consult on those matters that may impact on the functioning of this Agreement in the development of the Strategy. The Parties note that when implemented, the Strategy may result in either Party seeking to amend those clauses of this Agreement relating to the Register of the National Estate. Any such amendment will be consistent with clauses 18 and 19 of this Agreement.

23The Commonwealth confirms it has on or before the date of this Agreement entered into an agreement with the Australian Heritage Commission in which the Commission has agreed to perform and comply with all the agreements and confirmations which are specified in Attachment 4 as being agreements and confirmations on the part of the Commission.

24The Commonwealth, in signing the Agreement, confirms that its obligations under the Environment Protection (Impact of Proposals) Act 1974 (C’wth) have been met. The Commonwealth also confirms that, under the administrative procedures of the Act, any activities covered by the Agreement, including the five-yearly reviews and minor amendments to the Agreement, will not trigger further environmental impact assessment.

25The Commonwealth confirms that it has met its obligations in relation to this Agreement under the Endangered Species Protection Act 1992 (C’wth) in so far as they were to be performed prior to the date of the commencement of this Agreement.

26The Commonwealth notes that its obligations to promote endangered species protection will involve ongoing cooperative work with New South Wales agencies concerning the Upper North East and Lower North East regions.

27Parties agree to actively investigate, and jointly participate in the further World Heritage assessment of the relevant Australia-wide themes specified in Section 3.4.2 (Table 17) of the World Heritage Expert Panel report, including any potential contribution from the Upper North East and Lower North East regions.

28Parties recognise that existing World Heritage properties within the RFA regions, and any new areas nominated for World Heritage listing subject to clause 31 will be subject to the provisions of the Environment Protection and Biodiversity Conservation Act 1999.

29The Parties agreed in 1997 to develop a World Heritage Nomination for the Greater Blue Mountains region in reference to the Eucalypt theme. The nomination was submitted in 1998 and is currently undergoing assessment. A section of the Lower North East RFA Region forms part of the nominated area. The Parties have agreed to develop funding and management arrangements for the nominated property.

30The Commonwealth agrees that it will give full consideration to the potential social and economic consequences of any World Heritage Nomination of places in the Upper North East and Lower North East regions and that any such nomination will only occur after the fullest consultation and with the agreement of the State.

31The Parties agree that any World Heritage Nomination involving any part of the forest estate in the Upper North East and Lower North East regions will be from within the CAR Reserve System.

32The Parties agree that before any World Heritage Nomination is made:

  1. all necessary management arrangements, including joint policy coordination arrangements will be agreed;

  2. all related funding issues will be resolved to the satisfaction of both Parties; and

  3. The Parties will develop an agreed management plan that is suitable for consideration for bilateral accreditation under section 46 of the Environment Protection and Biodiversity Conservation Act 1999.

33The Commonwealth undertakes to use its best endeavours to secure the enactment of legislation which amends the Environmental Protection and Biodiversity Conservation Act 1999 (Cwlth) by inserting definitions of “forestry operations”, RFA forestry operations” and “RFA or Regional Forest Agreement” identical to those contained in the Regional Forest Agreements Bill (Cwlth) and introduce such legislation into the Parliament of the Commonwealth by 30 June 2000.

34Parties note that current Commonwealth export arrangements provide that, after 31 March 2000, exports of hardwood Woodchips from native forests will only be permitted from areas covered by an RFA.

35Parties note that no controls under the Export Control Act 1982 (C’wth) will apply to hardwood Woodchips or Unprocessed Wood sourced from the Upper North East and Lower North East regions while this Agreement is in place.

36New South Wales confirms that its Upper North East Region Forest Agreement and Lower North East Region Forest Agreement (NSW, 5 March 1999) and any Integrated Forestry Operations Approvals for all or part of the Upper North East and Lower North East regions are parts of the New South Wales Forest Management System and are means by which New South Wales will implement obligations and undertakings arising from this Agreement.

37New South Wales undertakes to notify the Commonwealth within fourteen days of any amendment or termination of a Forest Agreement or amendment, suspension or revocation of any Integrated Forestry Operations Approval which applies to either of the Upper North East and Lower North East regions. Copies of any Forest Agreements or Integrated Forestry Operations Approvals will be provided to the Commonwealth within fourteen days.

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