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Supplementary Order Paper No 543

No 543

House of Representatives

Supplementary Order Paper

Tuesday, 21 July 2020

Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill

Proposed amendments

Hon Shane Jones, in Committee, to move the following amendments:

Clause 7

In clause 7, new section 63A(1)(b), after “forestry” (page 6, line 4), insert “and wood-processing”.

In clause 7, new section 63U(4)(a), after “exhausted their right of review” (page 18, line 23), insert “under section 63W”.

In clause 7, new section 63V(1)(a), after “exhausted their right of review” (page 18, line 36), insert “under section 63W”.

In clause 7, delete new section 63ZV(1) (page 31, lines 13 to 15).

In clause 7, new section 63ZW(i), after “in the forestry” (page 32, line 32), insert “and wood-processing”.

In clause 7, new section 63ZZE(1)(b), replace “63H(2)(b)” (page 37, line 15) with “63H(2)(c)”.

New clause 10

After clause 9 (page 38, after line 10), insert:

10 Consequential amendments to Climate Change Response (Emissions Trading Reform) Amendment Act 2020

(1)

This section amends the Climate Change Response (Emissions Trading Reform) Amendment Act 2020.

(2)

In Schedule 6 (which amends the Forests Act 1949), repeal the item that inserts new section 2A.

(3)

In Schedule 6, replace the item that inserts new Schedule 1AA:

In Schedule 1AA, after clause 7, insert the Part 3 set out in Schedule 7 of this Act.

(4)

In Schedule 7 (which amends the Forests Act 1949), in the schedule heading, replace “New Schedule 1AA inserted in” with “New Part inserted into Schedule 1AA of”.

(5)

In Schedule 7, new Schedule 1AA, replace the Schedule 1AA heading and Part 1 heading with:

Part 3 Provisions relating to Climate Change Response (Emissions Trading Reform) Amendment Act 2020

(6)

In Schedule 7, new Schedule 1AA, renumber clauses 1 and 2 as clauses 8 and 9.

Explanatory note

This Supplementary Order Paper amends the Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill (the Bill).

In clause 7, new sections 63A(1)(b) and 63ZW(i) are amended to ensure that the Bill is more consistent in referring to the forestry and wood-processing sector rather than the forestry sector.

In clause 7, new sections 63U(4)(a) and 63V(1)(a) each define a period of time by reference to the date on which a person has exhausted their right of review. These sections are amended to make clear that the reference to exhausting the right of review is about the exhaustion of review rights under new section 63W rather than appeal rights under new section 63YA.

In clause 7, new section 63ZV currently allows the subdelegation of regulation-making powers to the Forestry Authority only if the Forestry Authority’s functions or powers are delegated to a person outside the Public Service. New section 63ZV(1) is deleted, which will allow subdelegations to be made whether or not the Forestry Authority’s functions or powers are delegated and whether they are delegated to a person within or outside the Public Service. The amendment does not change the safeguards relating to the exercise of the power to subdelegate, which will continue to apply as set out in new sections 63ZU and 63ZV(3).

In clause 7, new section 63ZZE(1)(b) is amended to correct a cross-reference.

New clause 10 is inserted to make consequential amendments to the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (the CCR Amendment Act). The purpose of clause 10 is to synchronise amendments relating to transitional provisions, as explained below.

Clauses 5 and 9 of the Bill amend the Forests Act 1949 (the principal Act) to insert new section 2A and new Schedule 1AA, which deal with transitional matters arising from the Bill. These amendments will come into force on the second anniversary of the day on which the Bill receives the Royal assent, unless brought into force earlier by Order in Council (see clause 2 of the Bill). For example, if the Bill were to receive the Royal assent on 17 December 2020, clauses 5 and 9 would come into force no later than 17 December 2022.

Section 283 and Schedule 6 of the CCR Amendment Act also insert a new section 2A and new Schedule 1AA into the principal Act to deal with transitional matters. However, those amendments do not come into force until 1 January 2024.

On the assumption that clauses 5, 9, and 10 come into force before 1 January 2024, the amendments made by clause 10 would ensure that—

  • the CCR Amendment Act does not insert a second Schedule 1AA into the principal Act; and

  • transitional provisions arising from that Act’s amendment of the principal Act are inserted instead as a new Part of the Schedule 1AA inserted into the principal Act by clause 9 of the Bill.

Departmental disclosure statement

The Ministry for Primary Industries considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.