Florentine Valley Paper Industry Act 1935
An Act to encourage the manufacture of paper in Tasmania and to authorize the granting of certain rights and concessions to Derwent Valley Paper Company Proprietary Limited and its assigns in respect thereto
[Royal Assent 3 September 1935]
Whereas, under and by virtue of the Florentine Valley Wood-pulp and Paper Industries Act 1932 and subject to the conditions therein provided, certain rights, powers, and concessions were conferred upon Thorold Fink and his assigns, which said rights, powers, and concessions were subsequently assigned and transferred and are now the property of Derwent Valley Paper Company Proprietary Limited:
And whereas the said Company expended considerable sums of money in investigating the forest areas comprised in their concessions and the practicability of manufacturing, upon a commercial basis, newsprint and other papers from Tasmanian hardwood, and, as a result of such investigations, successfully demonstrated that such papers could be so manufactured:
And whereas, through causes beyond its control, the said Company is likely to be unable to comply with the provisions contained in the said Act:
And whereas circumstances have arisen which render it expedient to modify in certain respects the aforesaid conditions, rights, powers, and concessions, and it is further expedient, in order to effect such modification, that the provisions of the said Act should cease, and that in lieu thereof a new Act be passed continuing the conditions, rights, powers, and concessions conferred by the said Act, with the modifications and additions hereinbefore referred to:
Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
This Act may be cited as the Florentine Valley Paper Industry Act 1935 .
The Florentine Valley Wood-pulp and Paper Industry Act 1932 is hereby repealed.
[Section 3 Amended by No. 36 of 1958, s. 5 ][Section 3 Subsection (1) amended by No. 18 of 1966, s. 2 ][Section 3 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 2 ][Section 3 Subsection (1) amended by No. 49 of 1985, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ](1) [Section 3 Subsection (1) amended by No. 71 of 1950, s. 9 ]In this Act, unless the contrary intention appears –appointed day means the date of the commencement of the Florentine Valley Paper Industry Act 1966 ;[Section 3 Subsection (1) amended by No. 9 of 2011, Sched. 1, Applied:01 Oct 2012] arbitration means arbitration in accordance with the provisions of the Commercial Arbitration Act 2011 ;court means the Supreme Court;Forest Practices Code means the Code issued pursuant to section 30 of the Forest Practices Act 1985 and in force under that Act and includes any amendments to that Code;forest products means growing or dead trees, shrubs, or other vegetable growth and the products thereof;[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] Forestry corporation means the Forestry corporation continued by section 6 of the Forest Management Act 2013 ;industry means the manufacture by the Promoter in this State of paper pulp and pulp products, and the investigation in connection with such manufacture and the supply and preparation of materials therefor, and the carrying on of processes and businesses incidental to such manufacture, and the carrying on in this State by the Promoter of any manufacture cognate or incidental or subsidiary to such manufacture, including the milling and marketing of timber;logging road means any road prepared or constructed by the Promoter for the haulage or transport of forest products and maintainable by him in accordance with section 21B ;[Section 3 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] private land means any land alienated, or contracted to be alienated, from the Crown in fee simple, or held under any lease or any occupation, residence, or business licence granted or issued under the Crown Lands Act 1976 , or under any lease, licence, or other authority granted or issued under the Mineral Resources Development Act 1995 or under any timber or forestry lease or permit granted by the Crown under any Act;pulp products means paper and paper board;road means any road, street, or high road, or any reservation therefor;the Promoter means Derwent Valley Paper Company Proprietary Limited and its assigns;the said lands means the lands specified in Schedule 1 , other than such of those lands as have, under this Act, been declared to have ceased to be subject to the provisions of this Act;timber includes trees of any description, whether alive or dead and whether standing or fallen;working plan means a detailed statement in writing, setting out in respect of a specified area, called the working plan area –in the working of that area during the period specified in such plan.(a) the facts on which the proposals therein contained are based;(b) the intended operations to be carried out;(c) the manner in which the same are to be carried out;(d) the requirements to be observed in relation to all fellings and all operations for the regeneration, improvement, and protection of the forest or the establishment, maintenance, and protection of plantations; and(e) the requirements for the proper record and control of the work –(2) [Section 3 Subsection (2) added by No. 18 of 1966, s. 2 ]References in this Act to a working plan that has been revised shall be construed as references to that plan as so revised.
4. Effect of assignment by Promoter
Upon any assignment by the Promoter of his rights and concessions under this Act, the person in whom such rights and concessions shall be vested by virtue of such assignment shall be subject to all the obligations and conditions imposed upon the Promoter by this Act, to the exclusion of the person making such assignment.[Section 5 Substituted by No. 18 of 1966, s. 3 ][Section 5 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 5 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . .
PART II - Timber Rights[Section 6 Subsection (2) added by No. 18 of 1966, s. 4 ][Section 6 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 6A Inserted by No. 18 of 1966, s. 5 ][Section 6A Subsection (3) omitted by No. 25 of 1994, s. 45 and Sched. 3 ][Section 6A Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 6B Inserted by No. 18 of 1966, s. 5 ][Section 6B Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 6B Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 6C Inserted by No. 18 of 1966, s. 5 ][Section 6C Subsection (5) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 6C Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 7 Repealed by No. 18 of 1966, s. 6 ]. . . . . . . . [Section 8 Amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 8 Subsection (2) omitted by No. 18 of 1966, s. 7 ][Section 8 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 9 Amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 9 Subsection (1) amended by No. 18 of 1966, s. 8 ][Section 9 Subsection (3C) inserted by No. 18 of 1996, s. 8 ][Section 9 Subsection (3D) inserted by No. 18 of 1966, s. 8 ][Section 9 Subsection (3E) inserted by No. 49 of 1985, s. 3 and Sched. 1 ][Section 9 Subsection (4) amended by No. 18 of 1966, s. 8 ][Section 9 Subsection (7) added by No. 49 of 1985, s. 3 and Sched. 1 ][Section 9 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 10 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 1 ][Section 10 Amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 10 Subsection (1) amended by No. 18 of 1966, s. 9 ][Section 10 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 11 Amended by No. 55 of 1965, s. 3 and Sched. 1 ][Section 11 Amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 11 Subsection (4) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 11 Subsection (1) substituted by No. 18 of 1966, s. 10 ][Section 11 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 12 Substituted by No. 18 of 1966, s. 11 ][Section 12 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 1 ][Section 12 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . .
13. Records to be kept by, and returns to be made by, Promoter
[Section 13 Subsection (1) amended by No. 18 of 1966, s. 12 ][Section 13 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 1 ][Section 13 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 13 Subsection (2) amended by No. 18 of 1966, s. 12 ][Section 13 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 13 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 14 Repealed by No. 61 of 1996, s. 6 ]. . . . . . . . [Section 15 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 15 Subsection (2) amended by No. 18 of 1966, s. 14 ][Section 15 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 15 Subsection (1) amended by No. 18 of 1966, s. 14 ][Section 15 Subsection (2) amended by No. 71 of 1950, s. 11 ][Section 15 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 16 Repealed by No. 18 of 1966, s. 15 ]. . . . . . . .(1) [Section 13 Subsection (1) amended by No. 55 of 1965, s. 5 ]Books, maps, and plans recording the operations of the Promoter in connection with the industry shall be kept by the Promoter, and shall be available for inspection at all reasonable times by the Forestry corporation, or any officer of the Forestry corporation appointed by it for that purpose, and shall show in respect of each year particulars of –(a) the operations in the forest, including fellings, sylvicultural operations, fire protection, and other works required by the relevant working plan;(b) the quantity of wood and other forest products used in the manufacture of paper pulp or pulp products;(c) the quantity of timber used for other milling purposes;(d) the quantity of timber sold in the log;(e) the quantity of pulp products produced;(f) the quantity of paper pulp produced and sold as such;(g) the quantity of timber obtained from private lands for conversion into paper pulp or pulp products;(h) the respective amounts expended on fire protection, forest development and improvement, and reafforestation;(i) such other particulars of a similar nature as may be prescribed.Penalty: Fine not exceeding 2 penalty units.(2) [Section 13 Subsection (2) amended by No. 55 of 1965, s. 5 ]The Promoter shall also furnish the Forestry corporation with returns in respect of all or any of the matters or things mentioned or referred to in subsection (1) , in such form and at such times as shall be prescribed.Penalty: Fine not exceeding 2 penalty units.
PART III - Other Rights and Powers
17. Licence under Water Management Act 1999
[Section 17 Subsection (1) amended by No. 61 of 1996, s. 15 ][Section 17 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 17 Substituted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] [Section 17 Substituted by No. 47 of 2001, s. 4, Applied:01 Jul 2001](1) In this section –existing pipeline means –(a) the pipeline that, on 30 June 2001, existed on, above or under land in respect of which the Promoter held a water licence renewed (with the renewal No. 12W/58) on 21 August 1980 under the Mining Act 1929 , being the pipeline as repaired, modified and upgraded from time to time; and(b) any pipeline that has replaced the pipeline referred to in paragraph (a) , or subsequent replacement pipeline, as repaired, modified and upgraded from time to time;pipeline means –(a) pipeline to carry water to the Promoter for the purposes of carrying on the industry; and(b) pumping plant, buildings, trestles, bridges and other structures relating to that pipeline;pipeline corridor means a strip of land 10 metres wide defined by measuring 5 metres in a horizontal plane to each side of the centreline of the existing pipeline at right angles to the centreline;subject land means land that the Promoter does not own but needs, or is likely to need, to be able to enter and remain on for one or more of the following purposes:(a) to examine, operate, maintain, repair, modify, upgrade, remove or replace any or all of the existing pipeline;(b) to fence or place protective structures around any or all of the existing pipeline or to examine, operate, maintain, repair, modify, upgrade, remove or replace any such fences or protective structures;(c) to clear the pipeline corridor of vegetation, structures and objects that could interfere with the proper operation of the existing pipeline.(2) The Promoter is entitled to a licence under the Water Management Act 1999 for the purposes of carrying on the industry.(3) An easement over subject land is vested in the Promoter.(4) The easement under subsection (3) is a water pipeline easement and entitles the Promoter to –(a) maintain the existing pipeline on, above or under the subject land; and(b) enter and remain on the subject land, at any reasonable time and with any necessary vehicles and equipment, for any one or more of the following purposes:(i) examining, operating, maintaining, repairing, modifying, upgrading, removing or replacing any or all of the existing pipeline;(ii) fencing or placing protective structures around any or all of the existing pipeline or examining, operating, maintaining, repairing, modifying, upgrading, removing or replacing any such fences or protective structures;(iii) clearing the pipeline corridor of vegetation, structures and objects that could interfere with the proper operation of the existing pipeline.(5) Where it is necessary for the purpose of gaining access to subject land for the Promoter to enter and pass over adjoining or other land, an easement over that adjoining or other land is vested in the Promoter.(6) The easement under subsection (5) is a right of carriageway and entitles the Promoter to enter and pass over the adjoining or other land, with vehicles and equipment, for the purpose of gaining access to subject land.(7) The powers conferred by an easement under this section may be exercised by agents, contractors and employees authorised by the Promoter to act on the Promoter's behalf.(8) The powers conferred by an easement under this section must be exercised, so far as is reasonably practicable, in a manner that minimises interference with the enjoyment of the land subject to the easement by persons lawfully occupying it.(9) The exercise of the powers conferred by an easement under this section may be limited by the licence held by the Promoter under the Water Management Act 1999 for the purposes of carrying on the industry.(10) Without limiting the limitations that may be imposed under subsection (9) by a licence on the exercise of the powers conferred by an easement under this section, those limitations may include a requirement that the Promoter can only undertake work for the purpose of maintaining, repairing, modifying, upgrading, removing or replacing any part of the existing pipeline that is on, above or under a road, railway line or bridge, or other area to which the public have access, if the approval of the person specified in the licence has first been obtained.(11) Before a person enters land to exercise powers conferred by an easement under this section, the Promoter must, if practicable, give reasonable notice of the proposed exercise of powers to the persons lawfully occupying the land.(12) The Promoter is liable to –(a) make good any damage caused by the exercise of powers under an easement under this section as soon as practicable; or(b) pay reasonable compensation for the damage.
[Section 18 Amended by No. 36 of 1958, s. 5 ](1) [Section 18 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The Director-General of Lands, upon the application of the Promoter, may cause to be issued to him, under and subject to the provisions of the Crown Lands Act 1976 as herein modified, a lease or leases of a strip or strips of land which are required for the purposes of the industry, of such width in each case as the Director-General of Lands shall determine, upon and across the foreshore adjacent to, or in the vicinity of, any land whereon the industry is being carried on.(2) Every such lease shall be renewed on the application of the Promoter so long as he carries on the industry and such lease is required for the purposes thereof.
19. Power to construct drains and other works
(1) The Promoter may construct pipe-lines, tunnels, or drains between any of his works, or from his works into the sea, or into the tidal waters of the River Derwent, or from that river or any of its tributaries to any of the said works upon, over, or under –(a) the lands comprised in any such lease as aforesaid;(b) any land belonging to the Crown;(c) any private land; and(d) any road, tramway, or railway.(2) [Section 19 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Before proceeding with any such construction, the Promoter shall submit to the Director-General of Lands plans and specifications of the proposed work, and shall obtain his approval thereto.(3) [Section 19 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Every such work shall be completed within 12 months after such approval has been obtained or within such further time as the Director-General of Lands may allow.(4) The outlet of every such drain, tunnel, or pipe-line for the discharge of effluent or waste water shall be below low-water mark, and the Promoter shall discharge all effluent or waste water through the same into the sea or into the tidal waters of the River Derwent.(5) The outlet for all effluent which is of such a nature as to be likely to create a nuisance shall be at a point to be approved by the Minister, and such outlet shall be placed at such a distance from the shore as the Minister may require, but the Promoter shall not be required to carry the same further south than the mouth of the River Jordan.
20. Application of Mineral Resources Development Act 1995
[Section 20 Substituted by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003][Section 21 Amended by No. 36 of 1958, s. 5 ][Section 21 Subsection (1) amended by No. 49 of 1985, s. 3 and Sched. 1 ][Section 21 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 21A Inserted by No. 71 of 1950, s. 12 ][Section 21A Subsection (1) amended by No. 18 of 1966, s. 16 ][Section 21A Subsection (2) amended by No. 24 of 1993, s. 3 and Sched. 1 ][Section 21A Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 21B Inserted by No. 71 of 1950, s. 12 ][Section 21B Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 21B Subsection (5) amended by No. 49 of 1985, s. 3 and Sched. 1 ][Section 21B Subsection (5) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 21B Subsection (1) amended by No. 18 of 1966, s. 17 ][Section 21B Subsection (4) amended by No. 49 of 1985, s. 3 and Sched. 1 ][Section 21B Subsection (5) amended by No. 18 of 1966, s. 17 ][Section 21B Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 22 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 22 Subsection (2) amended by No. 18 of 1966, s. 18 ][Section 22 Subsection (6) amended by No. 55 of 1965, s. 3 and Sched. 1 ][Section 22 Subsection (7) amended by No. 18 of 1966, s. 18 ][Section 22 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 22A Amended by No. 71 of 1950, s. 13 ][Section 22A Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 22A Subsection (3) amended by No. 18 of 1966, s. 19 ][Section 22A Subsection (4) amended by No. 61 of 1996, s. 6 ][Section 22A Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 22B Inserted by No. 71 of 1950, s. 13 ][Section 22B Subsection (5) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 22B Subsection (9) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 22B Subsection (4) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 22B Subsection (5) amended by No. 18 of 1966, s. 20 ][Section 22B Subsection (9) amended by No. 55 of 1965, s. 5 ][Section 22B Subsection (10) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 22B Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . . [Section 23 Subsection (5) omitted by No. 61 of 1996, s. 6 ][Section 23 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . .(1) Parts 4 and 8 of the Mineral Resources Development Act 1995 apply to the exercise by the Promoter of the powers conferred by section 19(1) in relation to private land as if the Promoter were engaged in mining operations and as if the powers exercisable under that subsection were exercisable under Part 4 of that Act.(2) Part 4 of the Mineral Resources Development Act 1995 applies to the said lands, any private land and any other land used or occupied by the Promoter in connection with the industry as if that land were used or occupied for mining purposes.
PART IV - Rights of the Promoter[Section 24 Substituted by No. 18 of 1966, s. 22 ][Section 24 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . .
PART V - Duration of Rights
[Section 25 Substituted by No. 18 of 1966, s. 23 ](1) Subject to any order made under subsection (2) , this Act expires at the expiration of a period of 80 years from the appointed day.(2) [Section 25 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 25 Subsection (2) omitted by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997] . . . . . . . .
PART VI - General
[Section 26 Substituted by No. 18 of 1966, s. 24 ]The jurisdiction conferred on the court by this Act may be exercised in a summary way.
26A. Application of Commercial Arbitration Act 2011
[Section 26A Inserted by No. 71 of 1950, s. 15 ][Section 26A Amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 26A Amended by No. 9 of 2011, Sched. 1, Applied:01 Oct 2012] The Commercial Arbitration Act 2011 shall apply to every arbitration pursuant to this Act as if there were a written agreement to submit the difference to arbitration.
The Governor may make regulations for fire protection of the said lands and generally for the purposes of this Act.
SCHEDULE 1[Schedule 1 Substituted by No. 18 of 1966, s. 25 ][Schedule 1 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997]
SCHEDULE 2[Schedule 2 Repealed by No. 18 of 1966, s. 25 ]
SCHEDULE 3[Schedule 3 Repealed by No. 18 of 1966, s. 25 ]
SCHEDULE 4[Schedule 4 Repealed by No. 18 of 1966, s. 25 ]
SCHEDULE 5[Schedule 5 Repealed by No. 18 of 1966, s. 25 ]
SCHEDULE 6[Schedule 6 Repealed by No. 18 of 1966, s. 25 ]
SCHEDULE 7[Schedule 7 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997]
SCHEDULE 8[Schedule 8 Clause 3 amended by No. 71 of 1950, s. 14 ][Schedule 8 Clause 3 amended by No. 25 of 1994, s. 45 and Sched. 3 ][Schedule 8 Clause 5 amended by No. 99 of 1982, s. 3 and Sched. 2 ][Schedule 8 Clause 5 amended by No. 25 of 1994, s. 45 and Sched. 3 ][Schedule 8 Clause 6 amended by No. 99 of 1982, s. 3 and Sched. 2 ][Schedule 8 Clause 6 amended by No. 25 of 1994, s. 45 and Sched. 3 ][Schedule 8 Clause 8 amended by No. 75 of 1973, s. 2 and Sched. 1 ][Schedule 8 Clause 8 amended by No. 25 of 1994, s. 45 and Sched. 3 ][Schedule 8 Repealed by No. 42 of 1991, Sched. 6, Applied:27 Jun 1997]