Commonwealth Numbered Acts

SOFTWOOD FORESTRY AGREEMENTS ACT 1978 No. 20, 1978 - SCHEDULE

SCHEDULE
Section 3

  AN AGREEMENT made the       day of       One thousand nine hundred and
seventy-    .
between-

THE COMMONWEALTH OF AUSTRALIA (in this agreement called ''the Commonwealth'')
of the one part and

  THE STATE OF       (in this agreement called ''the State'') of the other
part. WHEREAS-

                (A)  in pursuance of agreements between the Commonwealth and
                     the State authorised by the Softwood Forestry Agreements
                     Act 1967, the Softwood Forestry Agreements Act 1972 and
                     the Softwood Forestry Agreements Act 1976, the
                     Commonwealth has provided financial assistance to the
                     State to meet part of its expenditure on planting
                     softwoods during the eleven years commencing on the 1st
                     July 1966, being planting carried out by or on behalf of
                     the State in order to establish softwood plantations on
                     land not planted with softwoods before that date;

                (B)  the Commonwealth considers that financial assistance
                     should be provided to the State for the purpose of
                     tending during the five years commencing on the 1st July
                     1977 the softwoods planted by the State in consequence of
                     the financial assistance provided by the Commonwealth
                     pursuant to those agreements;

                (C)  the State wishes to have financial assistance for tending
                     the said plantings and is prepared to apply the financial
                     assistance for that purpose; and

                (D)  in order that financial assistance may be so provided to
                     the State, the Parliament of the Commonwealth has
                     authorised the execution on behalf of the Commonwealth of
                     an agreement with a State in the form of this agreement
                     and the grant of financial assistance on the terms and
                     conditions contained in the agreement so made: NOW IT IS
                     HEREBY AGREED as follows: Definitions

1. (1) In this agreement, unless the contrary intention appears-

''financial year'' and ''year'' means a period of twelve months ending on the
thirtieth day of June;

''planting'' means planting of softwoods carried out by or on behalf of the
State for the purpose of establishing softwood plantations during the previous
period;

''tending planting'' means, in relation to planting-

   (a)  weeding;

   (b)  cleaning;

   (c)  fertilising;

   (d)  non-commercial thinning;

   (e)  coppicing;

   (f)  pruning;

   (g)  protecting against disease, pests, and fire;

   (h)  maintaining necessary fencing and roads,

and such other activities as are approved by the Commonwealth Minister;

''the Acts'' means the Softwood Forestry Agreements Act 1967, the Softwood
Forestry Agreements Act 1972 and the Softwood Forestry Agreements Act 1976 of
the Parliament of the Commonwealth;

''the Commonwealth Minister'' means the Minister of the Commonwealth for the
time being administering the Acts and the Act by which this agreement is
authorised;

''the Minister for Finance'' means the Minister for Finance of the
Commonwealth;

''the previous period'' means the period commencing on the 1st July 1966 and
ending on the 30th June 1977; and

''the State Treasurer'' means the Treasurer of the State.

(2) In this agreement-

   (a)  a reference to a Minister includes a Minister of the Commonwealth or
        of the State who is for the time being acting for or on behalf of that
        Minister;

   (b)  a reference to a clause is, unless the reference otherwise indicates,
        to the designated clause of this agreement; and

   (c)  a reference to a sub-clause is, unless another clause is indicated, to
        the designated sub-clause of the clause in which the reference
        appears. Financial Assistance

2. (1) Subject to compliance by the State with the provisions of this
agreement, the Commonwealth will, in accordance with and subject to the
provisions of this agreement, provide financial assistance to the State of
amounts calculated in accordance with this clause to assist the State in
meeting expenditure on tending planting during the years commencing on the
first day of July in the years 1977, 1978, 1979, 1980 and 1981 (in this
agreement called ''the five financial years'').

(2) Subject to sub-clause (3), the amount of financial assistance to be
provided by the Commonwealth to the State in respect of each year of the five
financial years shall be the amount (which amount is for the purposes of
sub-clause (4) referred to as ''the eligible expenditure'' of the State) that
bears to expenditure in that year on tending planting the same proportion as
the total area of the planting for which financial assistance was provided to
the State in accordance with the Acts bears to the total area of planting of
the State during the previous period.

(3) Except as provided in sub-clauses (4) and (5), the amount of the financial
assistance to be provided by the Commonwealth to the State in respect of the
first of the five financial years shall not exceed the amount set out in the
second column of the Schedule to this agreement opposite the reference to the
State in the first column of the Schedule.

(4) In the event that, in respect of the first of the five financial years-

   (a)  the total sum of the amounts of financial assistance payable to
        States, including the State, under agreements authorized by the
        legislation referred to in recital (D) of this agreement, otherwise
        than by virtue of the equivalent in each agreement of this sub-clause,
        is less than Four million two hundred thousand dollars ($4,200,000);
        and

   (b)  the eligible expenditure of the State is in excess of the amount
        referred to in sub-clause (3), the amount which the financial
        assistance to which the State is entitled under sub-clause (2) is not
        to exceed by virtue of sub-clause (3) shall be increased by adding to
        the amount referred to in sub-clause (3) the additional amount
        calculated in accordance with sub-clause (5).

(5) The additional amount for the purposes of sub-clause (4) shall be the
amount which bears the same proportion to the amount by which the total sum
referred to in paragraph (a) of sub-clause (4) is less than 4,200,000 dollars
as the excess referred to in paragraph (b) of that sub-clause bears to the
total of that excess and any excesses of the States under the equivalent of
this clause in the agreements with other States referred to in paragraph (a)
of sub-clause (4). Payments by Commonwealth

3. (1) The Commonwealth will, from time to time, at the request of the State
and subject to the provisions of this agreement, make payments to the State of
amounts of financial assistance to be provided under this agreement.

(2) The State will furnish to the Minister for Finance such documents and
other evidence in support of each request by the State for a payment to it by
the Commonwealth under sub-clause (1) as the Minister for Finance may from
time to time reasonably request, whether the request by the Minister for
Finance is made before or after the Commonwealth has made a payment pursuant
to the request by the State.

(3) Any statement of expenditure by the State forwarded to the Commonwealth in
connexion with a request for payment in accordance with sub-clause (1) shall
be certified as to its correctness by the Auditor-General of the State.
Advances

4. (1) The Minister for Finance may, at such times as he thinks fit, make
advances of such amounts as he thinks fit to the State on account of an amount
that may become payable to the State under clause 3.

(2) An amount or part of an amount advanced by the Minister for Finance under
this clause may be deducted by the Commonwealth from amounts to be paid
subsequently under clause 3, or, if there are no further amounts to be paid
under that clause, shall be refunded by the State to the Minister for Finance
at his request. Use of Payments and Advances

5. The State shall ensure that an amount, or any part of an amount, paid to
the State under this agreement is not used or applied except for the purpose
of meeting expenditure on tending planting during the five financial years.
Interest

6. (1) Interest at the rate provided in this clause shall accrue in respect of
each payment or advance made to the State under clause 3 or clause 4 on and
from the date on which the payment or advance was made and shall be calculated
on so much of the payment or advance as for the time being has not been repaid
by the State under clause 7 or, in the case of an advance, refunded to the
Commonwealth under clause 4.

(2) The amount of the interest that has accrued under this clause (including
interest that has accrued under sub-clause (3)) shall be calculated as at each
fifteenth day of January and fifteenth day of July.

(3) Interest at the rate provided in this clause shall accrue in respect of
each amount calculated as provided in sub-clause (2) to which paragraph (a) of
sub-clause (4) applies as from the date at which the amount was calculated and
shall be calculated on so much of the amount as for the time being has not
been paid by the State to the Commonwealth under clause 7.

(4) An amount of interest calculated under this clause shall be payable as
follows:

   (a)  an amount that is calculated before the end of the deferment period in
        respect of the payment or advance to which the interest relates shall
        be payable by the State to the Commonwealth as if the amount were a
        payment which was made by the Commonwealth under this agreement on the
        date on which that payment or advance was made and is repayable by the
        State in accordance with clause 7; and

   (b)  an amount of interest that is calculated after the end of the
        deferment period in respect of the payment or advance to which the
        interest relates shall be payable by the State to the Commonwealth
        upon the day at which the amount is calculated.

(5) The rate at which interest accrues under this clause shall be the rate
that is equivalent to the rate of yield to maturity of the loan of the longer
or longest term of the last loan raising by the Commonwealth in Australia for
public subscription prior to the date on which the relevant payment or advance
was made or the amount in respect of which the interest has accrued was
calculated, as the case may be.

(6) For the purpose of sub-clause (5) the expression ''the rate of yield to
maturity'' means the rate per annum, as determined by the Minister for Finance
to the nearest cent in accordance with sound actuarial practice, that the
yield from the interest payable by the Commonwealth in respect of the relevant
loan represents having regard to the issue price and the period to maturity of
the loan.

(7) For the purposes of this clause and of clause 7 ''the deferment period''
in respect of a payment or advance shall be the period of fifteen years
commencing on the date on which the payment or advance was made and in
relation to an amount referred to in paragraph (a) of sub-clause (4) that date
shall for the purposes of sub-clause (1) of clause 7 be the date upon which
the payment or advance to which the amount relates was made. Repayments by
State

7. (1) Subject to sub-clause (2), the State shall repay to the Commonwealth
the amount of each payment made to the State under clause 3 (including an
amount referred to in paragraph (a) of sub-clause 6 (4)) and of each advance
made to the State and not refunded under clause 4 by forty equal half-yearly
instalments, the first instalment to be paid in each case on the first
fifteenth day of July which occurs after the end of the deferment period in
respect of the payment (or amount) or advance and subsequent instalments on
each succeeding fifteenth day of January and fifteenth day of July until the
payment (or amount) or advance has been paid in full.

(2) The State may at any time, after giving to the Minister for Finance notice
of at least one month of its intention so to do, pay to the Commonwealth so
much of an amount that is payable by the State under this clause as has not
been paid, together with the interest on the amount so paid accrued to the
date of payment in accordance with clause 6.

or Interest

6. (1) Interest at the rate provided in this clause shall accrue in respect of
each payment or advance made to the State under clause 3 or clause 4 on and
from the date on which the payment or advance was made and shall be calculated
on so much of the payment or advance as for the time being has not been repaid
by the State under clause 7, or, in the case of an advance, refunded to the
Commonwealth under clause 4.

(2) The amount of the interest that has accrued under this clause shall be
calculated as at each fifteenth day of January and fifteenth day of July and
shall be payable by the State to the Commonwealth upon the day at which the
amount is calculated.

(3) The rate at which interest accrues under this clause shall be the rate
that is equivalent to the rate of yield to maturity of the loan of the longer
or longest term of the last loan raising by the Commonwealth in Australia for
public subscription prior to the date on which the relevant payment or advance
was made.

(4) For the purposes of sub-clause (3) the expression ''the rate of yield to
maturity'' means the rate per annum, as determined by the Minister for Finance
to the nearest cent in accordance with sound actuarial practice, that the
yield from the interest payable by the Commonwealth in respect of the relevant
loan represents having regard to the issue price and the period to maturity of
the loan. Repayments by State

7. (1) Subject to this clause, the State shall repay to the Commonwealth the
amount of each payment made to the State under clause 3 and of each advance
made to the State and not refunded under clause 4 by forty equal half-yearly
instalments the first instalment to be paid on the fifteenth day of July which
next occurs after the end of the period of fifteen years from the date on
which the payment or advance was made and subsequent instalments on each
succeeding fifteenth day of January and fifteenth day of July until the
payment or advance has been paid in full.

(2) The State may at any time, after giving to the Minister for Finance notice
of at least one month of its intention so to do, repay to the Commonwealth so
much of an amount that is repayable by the State under this clause as has not
been paid, together with the interest on the amount so paid accrued to the
date of payment in accordance with clause 6. Tending of Planting

8. The State shall ensure that tending planting during each of the five
financial years is carried out efficiently and in conformity with sound
forestry and financial practices and shall ensure that environmental factors
relating to tending planting have been considered. Information, Consultation
and Statements

9. The State shall-

   (a)  from time to time at the request of the Commonwealth Minister furnish
        to him such information as he may reasonably require for the purpose
        of or in relation to this agreement;

   (b)  prior to the commencement of each of the last four of the five
        financial years, consult with the Commonwealth on the programme
        proposed by the State for tending planting in the forthcoming year;
        and

   (c)  prepare and furnish to the Minister for Finance not later than the
        thirtieth day of April in each year a statement showing the estimated
        expenditure on tending planting during the next of the five financial
        years and estimates of the amounts that the State will request the
        Commonwealth to pay to the State under this agreement in respect of
        that financial year. Financial Statements

10. The State shall-

   (a)  keep full accounts and records of all financial transactions, work
        done, and plant, stores, materials and equipment used or disposed of,
        in connection with tending planting under this agreement; and

   (b)  furnish to the Minister for Finance, as soon as possible after the
        completion of each of the five financial years, financial statements
        showing expenditure on tending planting during that year. Audit

11. (1) The accounts, books, vouchers, plans, documents and other records of
the State relating to tending planting shall be subject to audit by the
Auditor-General of the State.

(2) A report on the audits and on the financial statements in respect of each
of the five financial years shall be furnished by the Auditor-General of the
State to the Minister for Finance as soon as possible after the completion of
the financial year, indicating inter alia-

   (a)  whether the financial statements are based on proper accounts and
        records and are in agreement with those accounts and records; and

   (b)  whether the expenditure of moneys was for the purpose of meeting the
        cost of tending planting, and including reference to such other
        matters arising out of the audits and financial statements as the
        Auditor-General of the State considers should be reported to the
        Minister for Finance. Notices

12. Any notice, request or other communication to be given or made under this
agreement by the Commonwealth, the Minister for Finance or the Commonwealth
Minister to the State shall be deemed sufficiently given or made if it is in
writing signed by the Minister for Finance or the Commonwealth Minister, as
appropriate, or by any person thereunto authorized in writing by either of
them and any notice, application, request or other communication to be given
or made by the State to the Commonwealth, the Minister for Finance or the
Commonwealth Minister shall be deemed sufficiently given or made if it is in
writing signed by the State Treasurer or any person thereunto authorized in
writing by him.

THE SCHEDULE
--------------------------------------------------------------------------------
 State                                                        Amount

allocated>
--------------------------------------------------------------------------------
$ New South Wales . . . . . . . . . . . . . . . . . . . . . . 1,643,600
Victoria . . . . . . . . . . . . . . . . . . . . . . . . . .   743,400

Queensland . . . . . . . . . . . . . . . . . . . . . . . . .   675,400
South Australia . . . . . . . . . . . . . . . . . . . . . . . 229,300 Western
Australia . . . . . . . . . . . . . . . . . . . . . . 458,700 Tasmania . . . .
. . . . . . . . . . . . . . . . . . . . . . . 449,60
--------
Total . . . . . . . . . . . . . . . . . . . . . . . . . . 4,200,000
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IN WITNESS WHEREOF, ETC.
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