PART 2
Transitional Provisions
Clause 18 defines the terms "affected forests" and "total allowable harvest" for the purposes of this Part of the Bill.
Clause 19 provides that Part 2 of the Bill binds the Crown.
Clause 20 permits the export of indigenous timber from a West Coast indigenous production forest (other than an affected forest); if the Minister consents, in writing, to the export, and the export complies with any conditions that the Minister's consent is subject to. The Minister may consent to an export if—
(a) The export takes place before the earlier of 31 December 2000, or the date on which the Secretary approves a sustainable forest management plan that applies to the land on which the forest is situated; and
(b) The Minister is satisfied that the forest is being managed in a manner that is generally consistent with sustainable forest management.
Clause 21 permits the milling of indigenous timber from a West Coast indigenous production forest (other than an affected forest) until the earlier of 31 December 2000 or the date on which the Secretary approves a sustainable forest management plan that applies to the land on which the forest is situated.
Clause 22 sets out the indigenous timber to which the transitional provisions in clauses 23 and 24 apply. The timber affected is that harvested from an affected forest specified in the Schedule (being West Coast indigenous production forests in the Buller subregion).
Clause 23 provides that the provisions of section 67D of the principal Act (as amended by clause 5 of this Bill) do not apply to affected forests until 1 January 2001 or the date the Secretary publishes a notice in the Gazette stating that the total allowable harvest has been reached, whichever is the earlier.
Clause 24 establishes the total allowable harvest.
Clause 25 (1) provides that no person is entitled to compensation from the Crown in respect of any diminution, caused by the enactment of this Bill, in the rights or value of rights of the person under a contract relating to indigenous timber, or the value of indigenous timber, on any specified Maori land or from a West Coast indigenous production forest, or in the value of any specified Maori land. Subclause (2) provides that this clause is subject to clause 26.
Clause 26 provides that the Governor-General may, by Order in Council, specify the criteria for, and method of assessment of, claims against the Crown for financial losses suffered as a result of the enactment of clause 4 in relation to written contracts that—
(a) Relate to the export of indigenous timber from West Coast indigenous production forests or from specified Maori land; and
(b) Were entered into before the date on which this Bill is introduced into the House of Representatives.
Clause 27 provides that the Governor-General may from time to time, by Order in Council, amend the description of the land for any forest specified in the Schedule.
Clause 28 revokes clause 4 of the Customs Export Prohibition Order 1996, and provides that any decision made by the Minister in reliance on that clause is and always has been valid.
Clause 29 provides that nothing in Part 2 of the Bill derogates from any provision of the Resource Management Act 1991.
The Schedule lists the affected forests.
Contact for Enquiries
Policy Analyst - Forestry
Innovation and Research
MAF Policy
Ministry of Agriculture and Forestry
PO Box 2526
Wellington
NEW ZEALAND
Tel: +64 4 894 0100
Fax: +64 4 894 0741
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