Attachment D: Standard Hardwood Woodchip Licence Conditions
1. In this licence -
"agricultural clearing" means clearing of native forest for the purpose of undertaking agricultural development, excluding plantation and agro-forestry operations;
"Deferred Forest Assessment" means the Commonwealth Assessment, attached at Schedule A, of forest areas for the purpose of defining areas available for harvesting and conditions upon harvesting, including codes of practice protection of national estate and endangered species, pending finalisation of Regional Forest Agreements;
"Deferred Forest Area" means an area that may be required for a future comprehensive, adequate and representative reserve system, as specified in the Deferred Forest Assessment;
"Department" means the Department which is responsible for advising the Minister in respect of administration of the Export Control Act 1982;
"exporter" means ____________ the registered office of which is at ____________ or any other person or company acting by, or on behalf of, or under the authority of _______________.
"hardwood wood chips" means wood chips that are controlled wood chips within the meaning of the Export Control (Hardwood Wood Chips) Regulations;
"logging residues" means residual portions of trees taken for sawlogs and trees felled for sawlogs but found to exceed acceptable levels of defects, but does not include reject logs;
"Minister" means the Minister responsible for administration of the Export Control Act 1982;
"old growth forest" means a forest that is ecologically mature and has been subjected to negligible unnatural disturbance such as logging, roading or clearing;
"rainforest" means rainforest types or rainforest vegetation communities as reported in the Deferred Forest Assessment;
"Regulations" means the Export Control (Hardwood Wood Chips) Regulations;
"reject logs" means material, other than sawmill residues, rejected from veneer mills, sawmills or other processing facilities;
"sawlog-driven harvesting" means timber harvesting operations for which the primary purpose is the production of sawlogs;
"sawmill residues" means material resulting from squared timber production rejected in normal sawmilling operations;
"silvicultural thinnings" means material resulting from thinning of regrowth forest and plantations (provided that the land from which the residues are obtained is being maintained predominantly under tree cover) for the purpose of improving the sawlog potential of the remaining forest;
"silvicultural residues" means culled trees from sawlog driven harvesting operations, tree clearing for road making, and salvage logging following natural disasters;
"(name of region as in Schedule to the Regulations)" means the region as defined in the Regulations, as amended;
"tonnes" means green metric tonnes; and
'"wood" means fibrous materials between the bark and pith of a tree or shrub.
2. The quantity of hardwood woodchips exported under this licence shall not exceed _____ tonnes.
3. The exporter shall not export under this licence hardwood wood chips unless those wood chips are produced from the (Name of Region).
4. The exporter shall not export under this licence hardwood wood chips produced from wood harvested in an area (including an area on the Register or on the interim list of the Register of the National Estate) which is a Deferred Forest Area
5. The exporter shall not export under this licence hardwood wood chips produced from wood harvested from areas of rainforest.
6. The exporter shall not export under this licence hardwood wood chips produced from wood harvested in old growth forest, unless produced from sawlog-driven harvesting operations.
7. The exporter shall give preference (in descending order) to wood chips produced from sawmill residues, reject logs, logging residues, silvicultural thinnings, and silvicultural residues.
8. The exporter shall not export under this licence hardwood wood chips produced from wood harvested from agricultural clearing, or from logs graded as sawlogs, other than as residues or from reject logs.
9. The exporter shall not export under this licence hardwood wood chips not produced in operations conducted in accordance with the requirements of the Deferred Forest Assessment.
10. All operations of the exporter associated with the production and export of woodchips under this licence shall be conducted by the exporter in accordance with undertakings given by the exporter in the (insert relevant EIS and in associated documents if applicable)
11. The exporter shall ensure that all operations for the production of hardwood woodchips for export under this licence do not threaten with extinction, or significantly impede the recovery of, a species listed in Schedule 1 or an ecological community listed in Schedule 2 of the Endangered Species Protection Act 1992, and that the operations comply with any measures in the Deferred Forest Assessment concerning such species.
Private Property Operations
12. The exporter shall not, without the prior written approval of the Minister, export hardwood wood chips produced from wood harvested from private property which is on the Register or on the interim list of the Register of the National Estate.
13. If the exporter exports hardwood wood chips produced from wood harvested from private property he shall ensure that the property is subject to a re-afforestation program by regeneration and management or by plantation establishment.
14. The exporter shall ensure in respect of all operations on private property from which hardwood wood chips are produced for export under this licence, pre-logging surveys are undertaken and harvesting plans are prepared prior to harvesting, and are submitted to the Department upon request.
Compliance with Laws, etc
15. The exporter shall:
(a) comply with all Commonwealth, State and local government laws, including those concerning protection of the environment; and
(b) ensure that all operations for the production of hardwood woodchips for export under this licence comply with the relevant codes of forest practice, including appropriate training for persons carrying out harvesting.
16. The exporter shall as far as practicable give priority to domestic processors who seek to purchase the wood for export under this licence at a price that is not less than the export price net of export handling costs and charges.
17. The exporter shall, if requested by the Minister:
(a) carry out a study of the feasibility of establishing facilities for the further processing in Australia of wood available to the exporter for export as wood chips under this licence; and
(b) submit the final report of that study to the Department within such reasonable time as is specified in the request.
18. The exporter shall not export under this licence hardwood wood chips for which it can be demonstrated that there is an economic demand for their use in pulp and paper production in Australia.
19. Before commencing negotiations for the price of hardwood wood chips to be exported under this licence, the exporter shall provide to the Department, on a commercial in confidence basis, particulars of the price sought by the exporter and of the basis on which it has calculated that price.
20. The exporter shall not export under this licence hardwood wood chips except with the prior written approval of the Minister of:
(a) an agreed price; or
(b) an interim or provisional price, and arrangements concerning the retrospective application of a price to be negotiated by the exporter.
21. The exporter shall take all steps within its power to facilitate the inspection by officers of the Department, and of the (State Government) of any area where the exporter is carrying out operations connected with the export of hardwood wood chips under this licence.
22. The exporter shall provide the Department with a report in respect of the six months ending on 30 June 1996, as soon as possible after 30 June 1996 and no later than 30 September 1996, and a report in respect of the six months ending on 31 December 1996, as soon as possible after 31 December 1996, and no later than 31 March 1997, in relation to:
(a) compliance with the conditions and restrictions of this licence;
(b) the quantities of hardwood wood chips exported under this licence and the prices received for those wood chips;
(c) commitments to value adding undertaken and to be undertaken under this licence;
(d) the quantity of sawmill residues, reject logs, logging residues, silvicultural thinnings and silvicultural residues exported under this licence, and the average price and range of prices paid by the exporter for this material.
23. The exporter shall participate as required in consultative arrangements with the (State Government) and the Department with regard to the implementation of Deferred Forest Assessments.
24. The exporter shall remit a monitoring fee for the monitoring of compliance with conditions of this hardwood woodchip export licence, in accordance with the terms of the Export Control (Hardwood Woodchips) (Monitoring Fee) Order No. HW1.
Failure to comply with the conditions or restrictions in an export licence is an offence under the Export Control Act 1982. Under the Regulations the Minister may also suspend or revoke the licence in certain circumstances.