When introduced, tenders added certain areas to the reserve system, lifted controls on export logging, and intensified deforestation of indigenous forests. The Commonwealth has accredited state laws and processes for logging approval and has agreed to compensate states if it takes a conservation measure limiting logging. The Senate amendment was rejected by the government(19) and was not included in the 2001 bill. However, an amendment with the same legal effect has been included in the Appeals for Applications Act 2002 (item 3 of Schedule 1), so that this issue may no longer be a sticking point between the Senate and the House of Representatives. However, this issue may well be controversial during the Debate in the Senate on the Appeals Act of 2002. In the September 2001 Senate report on the 2001 Act, the PLA found that this provision was no longer necessary because all calls for applications except Queensland had been signed and therefore Parliament was no longer required to “approve” negotiated agreements as they were under the 1998 Act. (18) The XRAs essentially stipulate that compensation must be paid where, in respect of land outside the automotive system, the `foreseeable and probable consequence` of Commonwealth measures is to “prevent or significantly restrict” the use of such land for forestry activities, the sale of forest products, mining, the sale of mining products or the construction of roads for the transportation of forest products. In general, the impeded or restricted activities should have been undertaken or should have been undertaken at the time of the announcement of the proposed Commonwealth measure. The RFA states that the intention to conduct activities will be determined “on the basis of contracts, management history documents or other documents that demonstrate a clear intent and that are immediately prior to the announcement of the proposed commonwealth measure.” Compensation is payable only for “the amount of reasonable damage”. If the Commonwealth and the State concerned cannot agree on whether a claim for compensation should be paid or the amount to be paid, the appeals provide that the case must be referred to an arbitrator.

(21) It can be assumed that there are reasonably standard methods for professional arbitrators to calculate what is meant by “reasonable loss or damage” in a given situation. Industries other than indigenous logging are no exception to the federal EPBC law. They must comply with federal and state legislation when applying for a permit for mining, development, roads, and other measures that may have a significant impact on matters of national environmental significance. (c) the Agreement provides for the environmentally sustainable management and use of forest areas in the region(s); The RFAs cover 6.3 million hectares of indigenous public forests in ten regions of New South Wales, Victoria, Tasmania and Washington State. Although the content of the respective calls for claims varies somewhat, the compensation provisions have been a key feature of all rfqs except East Gippsland. As a general rule, these provide that if the Commonwealth violates XRF in order to protect the environment or associated values in native forests in a manner that restricts land use outside the reserve system or the sale or commercial use of forest products from lands outside the reserve system, the Commonwealth will allow the State concerned to: who acts as trustee for the person or business that has suffered a loss, pays compensation. As introduced by the Government, the 1999 Bill (and transferred to the 2002 Bill) provided that “the Commonwealth is required to pay any compensation that the Commonwealth is required to pay to a State under the indemnification provisions of a call for claims”. The Senate changed this to “the Commonwealth is required to pay any compensation for actual losses resulting from the loss of legally transferable rights that the Commonwealth must pay to a state under the indemnification provisions of the call for claims for any modification or termination of a call for claims.” The ALP stated that (22) forestry activities are one of the following measures for commercial purposes: this substantive section traces the origin of the 1998 Regional Forest Agreements Act and summarises the main stumbling blocks of the failure of Parliament to adopt this Law in 1999. The differences between the versions of the 1998 and 2002 Bills are discussed in the “Key Provisions” section. In 1992, the Commonwealth and the states and territories signed the National Forest Policy Declaration (NFPS). The NRP set out agreed objectives and guidelines for the future of Australia`s public and private indigenous forests.

(2) As part of the implementation, the NFPS governments have agreed that forest regions will be subject to a comprehensive process of assessing all forest values – environmental, heritage, economic and social – leading to the establishment of a comprehensive and adequate reserve system (CAR), forest management agreements and the signing of regional forest agreements (RAAs) between the Commonwealth and the State concerned. Angus Martyn March 8, 2002 Bills Digest Service Information and Research Services O omits “Subdivisions A and B do not apply to forestry operations”, replace “Subdivisions A and B of this Division and subsection 6(4) of the Regional Forest Agreements Act, 2002 do not apply to forest operations or XRF forestry operations that are”. (d) The agreement serves the long-term stability of forests and the forest industry; On this basis, the 2002 bill actually contains a clause on short objects. This is discussed in the main section of this reference work. Together, the RFAs will provide a blueprint for the future management of Australia`s forests and the basis for an internationally competitive and environmentally sustainable forest products industry. 3. They clearly identify forest resources available for multiple uses, including resources for sustainable timber harvesting. As shown in the table below, ten calls for applications have been signed in 4 states. .