Senator Brown asked the Minister representing the Minister for Primary Industries and Energy, upon notice, on 23 December 1996:

With reference to each of the restricted shipment licences to export woodchips issued in 1996:

(1) On what date was each licence application received and from which person.

(2) What was the purpose specified by the applicant for each of the licences and for what purpose was each licence issued.

(3) What was the name of the person to whom each licence was issued and on what date was each licence issued.

(4) For each licence: (a) what is the quantity; (b) from where can the woodchips be sourced; (c) what is the port of export; (d) what are the start and finish dates; (e) what prospective market is being trialed; and (f) to which person will the shipment be exported.

(5) What terms and conditions apply to each licence; please provide a copy of the licences.

(6) For each licence: (a) on what dates and in what documents did the department provide advice in writing to the Minister in respect of each of these licences; (b) can a copy be provided of each document listed in (a); if not, please describe the matters covered in each document; (c) on what dates and in what documents did the Minister or the department receive any advice in writing from the Department of the Environment or Minister for the Environment in respect of each of these licences; (d) can a copy be provided of each document listed in (c); if not, please describe the matters covered in each document; (e) on what dates and in what documents did the Minister or the department receive advice in writing from any State government or local government in respect of each of these licences; and (f) can a copy be provided of each document listed in (e); if not, please describe the matters covered in each document.

Senator Parer —The Minister for Primary Industries and Energy has provided the following answer to the honourable senator's question:

(1) Three applications have been received for restricted shipment licences. On 13 September 1996, an application for a restricted shipment licence was received from the WA Chip and Pulp Co Pty Ltd (WACAP). On 30 October, 1996, Gerry PF O'Shaughnessy, trading as Maintenance Services (Maintenance Services) applied for a restricted shipment licence. Finally, a single application from Artec Pty Ltd (Artec) for two restricted shipment licences was received on 14 November 1996.

(2) All applications were for the purpose of trialing a prospective market and all four licences were issued for that purpose.

(3) A licence (MEPWOOD 1434) was granted to WACAP on 15 October 1996. A licence (MEPWOOD 1471) was granted to Maintenance Services on 12 December 1996. Two licences (MEPWOOD 1476 and MEPWOOD 1477) were granted to Artec on 13 December 1996.

(4)(a) MEPWOOD 1434: no quantity limit, but restricted to 1 shipment.

MEPWOOD 1471: 10,000 tonnes, restricted to 1 shipment;

MEPWOOD 1476: 34,000 tonnes, restricted to 1 shipment;

MEPWOOD 1477: 26,000 tonnes, restricted to 1 shipment;

(b) MEPWOOD 1434: Restricts material for export to jarrah hardwood woodchips derived from sawmill residues and drawn from the stockpile at Bunnings Forest Products' Deanmill sawmill;

MEPWOOD 1471: Restricts material for export to hardwood wood chips derived from sawmill waste and burned and damaged forest residue timber sourced from the East Gippsland region;

MEPWOOD 1476 and MEPWOOD 1477: Restricts material for export to hardwood wood chips sourced from nominated stockpiles firstly at Bell Bay and secondly at Lilydale sawmills in Tasmania;

(c) MEPWOOD 1434: Nominated by the applicant to be exported from Bunbury, although not specified in licence;

MEPWOOD 1471: Not specified in licence;

MEPWOOD 1476 and MEPWOOD 1477: Nominated by the applicant to be exported from Bell Bay, although not specified in licences;

(d) MEPWOOD 1434:   Start date is 15 October 1996; finish date is 30 June 1997; MEPWOOD 1471: Start date is 1 January 1997; finish date is 31 December 1997. MEPWOOD 1476 and MEPWOOD 1477: Start date is 13 December 1996; finish date is 31 December 1997;

(e) MEPWOOD 1434: Saudi Arabia; MEPWOOD 1471: Saudi Arabia; MEPWOOD 1476: South Korea; MEPWOOD 1477: Taiwan;

(f) MEPWOOD 1434, MEPWOOD 1471, MEPWOOD 1476 and MEPWOOD 1477: Not provided due to commercial sensitivity.

(5) Refer to edited copies of MEPWOOD 1434, MEPWOOD 1471, MEPWOOD 1476 and MEPWOOD 1477 attached. Commercially sensitive material has been deleted.

(6)(a) For MEPWOOD 1434: On 10 October 1996, the Department of Primary Industries and Energy provided a Minute and attachments;

For MEPWOOD 1471: On 26 November 1996, the Department of Primary Industries and Energy provided a Minute and attachments;

For MEPWOOD 1476 and MEPWOOD 1477: On 12 December 1996, the Department of Primary Industries and Energy provided a Minute and attachments;

(b) A copy of each document will not be provided, but the matters contained in the Minutes went to the background behind the applications, matters relevant to my obligations under the Export Control Act 1982 and Regulations, the Environment Protection (Impact of Proposals) Act 1974, and the Australian Heritage Commission Act 1975, and recommendations to grant WACAP, Maintenance Services and Artec the restricted shipment licences sought. Attachments detailed the applications from WACAP, Maintenance Services and Artec and letters from the companies concerning same. Further, in relation to the Artec application, attachments comprised letters from the Port of Launceston Authority, and the Judgment of Underwood J of the Supreme Court of Tasmania on 19 November 1996;

(c) As no additional harvesting was to be involved if the licences were granted and the licences were to include a condition requiring the exporter to ensure its operations do not threaten endangered species, no advice was sought from the Department of the Environment or the Minister for the Environment in respect of these applications;

(d) Not applicable;

(e) No direct advice was received from any State government or local government in respect of these applications;

(f) Not applicable.

Licence number: MEPWOOD 1434

RESTRICTED SHIPMENT LICENCE TO EXPORT UNPROCESSED WOOD

(COMMONWEALTH EXPORT CONTROL ACT 1982)

I, JOHN ANDERSON, Minister for Primary Industries and Energy, acting pursuant to Regulation 25(1) of the Export Control (Hardwood Wood Chips) (1996) Regulations, hereby grant: W.A. CHIP AND PULP CO. PTY LTD (ACN 008 720 518)

a restricted shipment licence to export: HARDWOOD WOODCHIPS

derived from the: South West Region of Western Australia

during the period commencing on: date of the signature below

and ending on: 30 June 1997

Pursuant to Regulation 25(2)(a) of the Export Control (Hardwood Wood Chips) (1996) Regulations, this licence is subject to the conditions and restrictions specified below.

John Anderson

Signature of Minister

30 JUNE 1997

Date of Signature

DEFINITIONS

1.   In this licence—

"the exporter" means W.A. Chip and Pulp Co. Pty. Ltd., ACN No. 008 720 518, the registered office of which is at 2 Adams Drive, Welshpool, WA 6106, or any other person or company acting by, or on behalf of, or under the authority of, W.A. Chip and Pulp Co. Pty. Ltd.

"Bunnings" means Bunnings Forest Products, ACN No. 008 665 898, of 2 Adams Drive, Welshpool, WA 6106.

"hardwood woodchips" means woodchips derived from the species Eucalyptus marginata that are controlled wood chips within the meaning of the Export Control (Hardwood Wood Chips) (1996) Regulations.

"the Department" means the Commonwealth Department of Primary Industries and Energy.

"the Minister" means the Commonwealth Minister for Primary Industries and Energy.

"South West Region of Western Australia' means the South West Region of Western Australia, as defined in the Schedule to the Export Control (Hardwood Wood Chips) (1996) Regulations.

EXPORT AND SOURCING LIMITATIONS

2.   This licence is for one shipment of hardwood woodchips for export to . . . for the purpose only of the trial of the woodchips for use in the ferro-metal industry in Saudi Arabia.

3.   The exporter shall export only hardwood woodchips derived from sawmill residues and drawn from the stockpile at Bunnings' Deanmill sawmill.

4.   The exporter shall not export hardwood woodchips under this licence if it has previously exported such woodchips to . . . in 1996, for the purpose of establishing the performance of the woodchips in the ferro-metallic industry.

5.   The exporter shall not export hardwood woodchips under this licence unless those wood chips were produced from wood harvested from the South West Region of Western Australia.

6.   The exporter must export the hardwood woodchips authorised to be exported under this licence in a single shipment only.

ENVIRONMENT PROTECTION

7.   The exporter shall ensure that operations conducted in association with activities approved under this licence are undertaken so as to minimise impacts on places on the Register, or on the interim list of the Register, of the National Estate.

8.   The exporter shall ensure that any of its operations conducted in association with activities approved under this licence do not threaten with extinction, or significantly impede the recovery of, a native species listed in Schedule 1, or an ecological community listed in Schedule 2, of the Endangered Species Protection Act 1992.

COMPLIANCE WITH LAWS AND INSPECTION

9.   The exporter must comply with all Commonwealth, State and local government laws.

10.   The exporter must facilitate the inspection, by officers of the Commonwealth or of the Western Australian Government, of any area where operations connected with the export of hardwood woodchips under this licence are being carried out.

REPORTING

11.   The exporter shall provide the Department with a report as soon as possible after shipment, and no later than 3 months after the date of shipment, in relation to compliance with the conditions and restrictions of the licence.

MONITORING FEE

12.   The exporter shall remit a monitoring fee for the monitoring of compliance with conditions of this restricted shipment licence, in accordance with the terms of the Export Control (Hardwood Wood Chips) (Monitoring Fee) Order No. HW1.

NOTE:

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.

END OF LICENCE

Licence number: MEPWOOD 1471

RESTRICTED SHIPMENT LICENCE TO EXPORT HARDWOOD WOOD CHIPS

(COMMONWEALTH EXPORT CONTROL ACT 1982

I, JOHN ANDERSON, Minister for Primary Industries and Energy, acting pursuant to Regulation 25(1) the Export Control (Hardwood Wood Chips) (1996) Regulations, hereby grant: GERRY PF O'SHAUGHNESSY Trading as MAINTENANCE SERVICES

a restricted shipping licence to export: HARDWOOD WOODCHIPS

derived from the: EAST GIPPSLAND REGION

during the period commencing on: 1 January 1997

and ending on: 31 December 1997

Pursuant to Regulation 25(2)(a) of the Export Control (Hardwood Wood Chips) (1996) Regulations, this licence is subject to the conditions and restrictions specified below.

John Anderson

Signature of Minister

12.12.96

Date of Signature

DEFINITIONS

1.   In this licence—

"the exporter" means Gerry P F O'Shaughnessy, trading as Maintenance Services, PO Box 16, Latham, ACT 2615, or any other person or company acting by, or on behalf of, or under the authority of, Gerry P F O'Shaughnessy.

"hardwood woodchips" means woodchips derived from trees of native Australian species that are botanically hardwoods and that are controlled wood chips within the meaning of the Export Control (Hardwood Wood Chips) (1996) Regulations.

"the Department" means the Commonwealth Department of Primary Industries and Energy.

"the Minister" means the Commonwealth Minister for Primary Industries and Energy.

"East Gippsland Region" means the East Gippsland Region of Victoria, as defined in the Schedule to the Export Control (Hardwood Wood Chips) (1996) Regulations.

EXPORT AND SOURCING LIMITATIONS

2.   This licence is for one shipment of hardwood woodchips for export to . . . for the purpose only of the trial of the woodchips for use in the ferro-metal industry in Saudi Arabia.

3.   The exporter shall export only hardwood woodchips derived from sawmill waste and burned and damaged forest residue timber.

4.   The exporter shall not export hardwood woodchips under this licence if it has previously exported such woodchips to . . . in 1997, for the purpose of establishing the performance of the woodchips in the ferro-metallic industry.

5.   The exporter shall not export hardwood woodchips under this licence unless those woodchips were produced from wood harvested from the East Gippsland Region of Victoria.

6.   The exporter must export the hardwood woodchips authorised to be exported under this licence in a single shipment of no more than 10,000 tonnes only.

ENVIRONMENT PROTECTION

7.   The exporter shall ensure that operations conducted in association with activities approved under this licence are undertaken so as to minimise impacts on places on the Register, or on the interim List of the Register, of the National Estate.

8.   The exporter shall ensure that any of its operations conducted in association with activities approved under this licence do not threaten with extinction, or significantly impede the recovery of, a native species listed in Schedule 1, or an ecological community listed in Schedule 2, of the Endangered Species Protection Act 1992.

COMPLIANCE WITH LAWS AND INSPECTION

9.   The exporter must comply with all Commonwealth, State and local government laws.

10.   The exporter must facilitate the inspection, by officers of the Commonwealth or of the Victorian Government, of any area where operations connected with the export of hardwood woodchips under this licence are being carried out.

REPORTING

11.   The exporter shall provide the Department with a report as soon as possible after shipment, and no later than 3 months after the date of shipment, in relation to compliance with the conditions and restrictions of the licence.

MONITORING FEE

12.   The exporter shall remit a monitoring fee for the monitoring of compliance with conditions of this restricted shipment licence, in accord ance with the terms of the Export Control (Hardwood Wood Chips) (Monitoring Fee) Order No. HW1 as amended from time to time, or such other Orders relating to monitoring fees as the exporter is advised in writing by the Department.

NOTE:

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.

END OF LICENCE

Licence number: MEPWOOD 1476

RESTRICTED SHIPMENT LICENCE TO EXPORT HARDWOOD WOOD CHIPS

(COMMONWEALTH EXPORT CONTROL ACT 1982)

I, JOHN ANDERSON, Minister for Primary Industries and Energy, acting pursuant to Regulation 25(1) of the Export Control (Hardwood Wood Chips) (1996) Regulations, hereby grant: ARTEC PTY LTD (ACN 075 183 578)

a restricted shipment licence to export: HARDWOOD WOOD CHIPS derived from the: TASMANIA REGION

during the period commencing on: DATE OF SIGNATURE BELOW

and ending on: 31 DECEMBER 1997

Pursuant to Regulation 27 of the Export Control (Hardwood Wood Chips) (1996) Regulations, this licence is subject to the conditions and restrictions specified below.

John Anderson

Signature of Minister

13.12.96

Date of Signature

DEFINITIONS

1. In this licence—

"exporter" means Artec Pty Ltd, ACN No. 075 183 578, the registered offIce of which is at 100 Cameron Street Launceston Tasmania, or any other person or company acting by, or on behalf of, or under the authority of, Artec Pty Ltd;

"Department" means the Commonwealth Department of Primary Industries and Energy;

"hardwood wood chips" means wood chips that are controlled wood chips within the meaning of the Export Control (Hardwood Wood Chips) (1996) Regulations;

"Minister" means the Commonwealth Minister for Primary Industries and Energy;

"Tasmania region" means the Tasmania region as defined in the Schedule to the Export Control (Hardwood Wood Chips) (1996) Regulations.

QUANTITY

2.   The quantity of hardwood wood chips exported under this licence shall not exceed 34,000 green tonnes.

EXPORT AND SOURCING LIMITATIONS

3.   This licence is for a shipment of hardwood wood chips for export to . . . South Korea for the purpose only of the trial of a prospective market.

4.   The exporter shall not export hardwood wood chips under this licence if it has previously exported such wood chips to . . . in 1996, for the purpose of trialing a prospective market.

5.   As identified by the exporter in its application of 17 September 1996, the exporter shall export only hardwood wood chips drawn firstly, from the stockpile at Bell Bay and secondly, if required, from the stockpile at the Lilydale sawmills.

6.   Only hardwood wood chips contained in the stockpile at Bell Bay and the stockpile at the Lilydale sawmills as at 17 September 1996 may be exported under this licence.

7.   The stockpile at Bell Bay in existence at 17 September 1996 shall not be added to, except to take hardwood wood chips from the stockpile at the Lilydale sawmills in existence at 17 September 1996 for the purpose of exporting those wood chips under this licence.

8.   The exporter shall not export hardwood wood chips under this licence unless those wood chips were produced from wood harvested from the Tasmania region.

9.   The exporter must export the hardwood wood chips authorised to be exported under this licence in a single shipment only.

ENVIRONMENT PROTECTION

10.   The exporter shall ensure that all operations undertaken in the export of the stockpile at Bell Bay and the stockpile at the Lilydale sawmills under this licence are undertaken so as to minimise impacts on places on the Register, or on the interim list of the Register, of the National Estate.

11.   The exporter shall ensure that all operations undertaken in the export of the stockpile at Bell Bay and the stockpile at the Lilydale sawmills under this licence do not threaten with extinction, or significantly impede the recovery of, a native species listed in Schedule 1, or an ecological community listed in Sched ule 2, of the Endangered Species Protection Act 1992.

COMPLIANCE WITH LAWS AND INSPECTION

12.   The exporter shall ensure that all operations undertaken in the export of the stockpile at Bell Bay and the stockpile at the Lilydale sawmills under this licence comply with all Commonwealth, State and local government laws.

13.   The exporter must facilitate the inspection, by officers of the Commonwealth or of the Tasmanian Government, of any area where operations undertaken in the export of the stockpile at Bell Bay and the stockpile at the Lilydale sawmills under this licence are being carried out.

REPORTING

14.   (1) The exporter shall provide the Department with a report as soon as possible after shipment, and no later than 3 months after the date of shipment, in relation to compliance with the conditions and restrictions of the licence.

(2) The report is to be accompanied by a report by a registered company auditor (the name of whom must be notified to the Woodchip Export Monitoring Unit in the Department prior to the commencement of the audit) addressing whether the exporter's systems and procedures in place to account for the activities undertaken to give effect to this licence have been subject to failure for the period covered by the report and whether in the auditor's opinion the exporter has taken all reasonable steps to ensure compliance with this licence.

MONITORING FEE

15.   The exporter shall remit a monitoring fee for the monitoring of conditions of this hardwood wood chip licence, in accordance with the terms of the Export Control (Hardwood Woodchips) (Monitoring Fee) Orders.

NOTE:

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.

END OF LICENCE

Licence number: MEPWOOD 1477

RESTRICTED SHIPMENT LICENCE TO EXPORT HARDWOOD WOOD CHIPS

(COMMONWEALTH EXPORT CONTROL ACT 1982)

I, JOHN ANDERSON, Minister for Primary Industries and Energy, acting pursuant to Regula tion 25(1) of the Export Control (Hardwood Wood Chips) (1996) Regulations, hereby grant: ARTEC PTY LTD (ACN 075 183 578)

a restricted shipment licence to export: HARDWOOD WOOD CHIPS

derived from the: TASMANIA REGION

during the period commencing on: DATE OF SIGNATURE BELOW

and ending on: 31 DECEMBER 1997

Pursuant to Regulation 27 of the Export Control (Hardwood Wood Chips) (1996) Regulations, this licence is subject to the conditions and restrictions specified below.

John Anderson

Signature of Minister

13.12.96

Date of Signature

DEFINITIONS

1.   In this licence—

"exporter" means Artec Pty Ltd, ACN No. 075 183 578, the registered office of which is at 100 Cameron Street Launceston Tasmania, or any other person or company acting by, or on behalf of, or under the authority of Artec Pty Ltd;

"Department" means the Commonwealth Department of Primary Industries and Energy;

"hardwood wood chips" means wood chips that are controlled wood chips within the meaning of the Export Control (Hardwood Wood Chips)(1996) Regulations;

"Minister" means the Commonwealth Minister for Primary Industries and Energy;

"Tasmania region" means the Tasmania region as defined in the Schedule to the Export Control (Hardwood Wood Chips) (1996) Regulations.

QUANTITY

2.   The quantity of hardwood wood chips exported under this licence shall not exceed 26,000 green tonnes.

EXPORT AND SOURCING LIMITATIONS

3.   This licence is for a shipment of hardwood wood chips for export to . . . Taiwan, Republic of China, for the purpose only of the trial of a prospective market.

4.   The exporter shall not export hardwood wood chips under this licence if it has previously exported such wood chips to . . . in 1996, for the purpose of trialing a prospective market.

5.   As identified by the exporter in its application of 17 September 1996, the exporter shall export only hardwood wood chips drawn firstly, from the stockpile at Bell Bay and secondly, if required, from the stockpile at the Lilydale sawmills.

6.   Only hardwood wood chips contained in the stockpile at Bell Bay and the stockpile at the Lilydale sawmills as at 17 September 1996 may be exported under this licence.

7.   The stockpile at Bell Bay in existence at 17 September 1996 shall not be added to, except to take hardwood wood chips from the stockpile at the Lilydale sawmills in existence at 17 September 1996 for the purpose of exporting those wood chips under this licence.

8.   The exporter shall not export hardwood wood chips under this licence unless those wood chips were produced from wood harvested from the Tasmania region.

9.   The exporter must export the hardwood wood chips authorised to be exported under this licence in a single shipment only.

ENVIRONMENT PROTECTION

10.   The exporter shall ensure that all operations undertaken in the export of the stockpile at Bell Bay and the stockpile at the Lilydale sawmills under this licence are undertaken so as to minimise impacts on places on the Register, or on the interim list of the Register, of the National Estate.

11.   The exporter shall ensure that all operations undertaken in the export of the stockpile at Bell Bay and the stockpile at the Lilydale sawmills under this licence do not threaten with extinction, or significantly impede the recovery of, a native species listed in Schedule 1, or an ecological community listed in Schedule 2, of the Endangered Species Protection Act 1992.

COMPLIANCE WITH LAWS AND INSPECTION

12.   The exporter shall ensure that all operations undertaken in the export of the stockpile at Bell Bay and the stockpile at the Lilydale sawmills under this licence comply with all Commonwealth, State and local government laws.

13.   The exporter must facilitate the inspection, by officers of the Commonwealth or of the Tasmanian Government, of any area where operations undertaken in the export of the stockpile at Bell Bay and the stockpile at the Lilydale sawmills under this licence are being carried out.

REPORTING

14.   (1) The exporter shall provide the Department with a report as soon as possible after shipment, and no later than 3 months after the date of shipment, in relation to compliance with the conditions and restrictions of the licence.

(2) The report is to be accompanied by a report by a registered company auditor (the name of whom must be notified to the Woodchip Export Monitoring Unit in the Department prior to the commencement of the audit) addressing whether the exporter's systems and procedures in place to account for the activities undertaken to give effect to this licence have been subject to failure for the period covered by the report and whether in the auditor's opinion the exporter has taken all reasonable steps to ensure compliance with this licence.

MONITORING FEE

15.   The exporter shall remit a monitoring fee for the monitoring of conditions of this hardwood wood chip licence, in accordance with the terms of the Export Control (Hardwood Woodchips) (Monitoring Fee) Orders.

NOTE:

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.