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Wednesday, 18 March 1987
Page: 1068


Mr COHEN (Minister for Arts, Heritage and Environment)(5.42) —by leave-I move:

(1) Clause 19, page 10, after sub clause (1) insert the following sub clause:

`(1a) Where the owner of any part of the protected area suffers loss or damage because another person refrains, as mentioned in paragraph (1) (a), from doing, in that part of the protected area, an act of a kind referred to in that paragraph, the Commonwealth is liable to pay compensation to the owner in respect of that loss or damage.'.

(2) Clause 19, page 10, lines 7 and 8, omit `sub-section (1) or (2)', insert `this section'.

(3) Clause 21, page 10, line 26, at the end of subclause (1) add `and that jurisdiction is exclusive of the jurisdiction of all other courts other than the jurisdiction of the High Court under section 75 of the Constitution and under subsection (2) of this section.'.

(4) Page 13, Schedule 2, lines 34 to 40 below Schedule heading, omit `448100E 5287200N thence on a line bearing 54*38' for about 3.8 kilometres to the Southwest Conservation Area boundary thence generally north westerly by part of that boundary until it bears 203*57' about 0.98 kilometres from a point 451300E 5293900N thence northeasterly to that point northerly to 450700E 529600N (8113-Nive-Edition 1) thence by a straight line east to the middle thread of an unnamed tributary of Coles Creek at about 451600E 5296000N thence northwesterly by its middle thread to ', insert the following:

`449250E 5282100N northwesterly to 448750E 5282900N northeasterly to 449200E 5284700N northwesterly to 448100E 5287200N northeasterly to 449400E 5288000N north to an unnamed tributary of Coles Creek at about 449400E 5288400N thence generally northeasterly by the middle thread of that creek downstream to its junction with Coles Creek thence downstream by the middle thread of Coles Creek to its junction with'.

(5) Page 13, Schedule 2, line 42 below Schedule heading, insert `(8113-Nive-Edition 1)'' after ``453000E'.

Amendment No. 1 adds new sub-clause (1a) to clause 19 to provide that the Commonwealth is liable to pay reasonable compensation to an owner of any part of the Lemonthyme or Southern Forests protected areas for loss or damage resulting from another person being prevented from carrying out an action that has been made unlawful by clause 16, which relates to unlawful acts. This will provide for the payment of royalties lost due to the operation of the Bill to the Tasmanian Government or any other owner. It is the owner's duty to seek to mitigate losses as far as possible-for example, by providing alternative sources of logs outside the protected area if these are available. For the Southern Forest current logging areas have been excluded from the protected area--


The CHAIRMAN —Order! I know there is a lot of bonhomie in the National Party at present, but honourable members might pay attention to the proceedings of the Committee.


Mr COHEN —For the Southern Forest current logging areas have been excluded from the protected area as far as these are known to the Commonwealth. This will reduce the payment of compensation which might otherwise be payable. Amendment No. 2 is a technical amendment which is consequential upon the insertion of new sub-clause (1a) into clause 19.

Amendment No. 3 adds words to clause 21 (1) to make clear that this clause does not detract from the original jurisdiction of the High Court of Australia under the Constitution. The sub-clause confers jurisdiction on the Federal Court for matters arising under clause 17, which deals with enforcement in relation to unlawful acts, and clause 19 which relates to compensation. The amendment makes clear that in giving the Federal Court of Australia jurisdiction in this way, the jurisdiction of the High Court in relation to these matters under the Constitution is not affected.

Amendment No. 4 amends Schedule 2 to exclude from the protected area in the Southern Forests three areas that are currently being logged. These areas were notified to the Government after the Bill was introduced into the Parliament. Amendment No. 5 is a consequential amendment to Schedule 2, made necessary by amendment No. 4.