Forests (Timber Promotion Council) (Amendment) Regulations 2000

i Forests (Timber Promotion Council) (Amendment) Regulations 2000 S.R. No. 117/2000 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 2 4. Principal Regulations 2 5. Constitution of Timber Promotion Council 2 6. Acting Chairperson 3 7. References to Director-General 3 8. Council proceedings 3 9. New regulations 16 to 18 inserted 3 16. Fees and allowances for members 4 17. Corporate plan 4 18. Transitional provision 7 10. New Schedule 2 inserted 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2000 S.R. No. 117/2000 Forests Act 1958 Forests (Timber Promotion Council) (Amendment) Regulations 2000 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 28 November 2000 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) vary the constitution of the Timber Promotion Council; and (b) provide for the appointment of an Acting Chairperson; and (c) provide for an annual corporate plan for the Council; and (d) prescribe attendance fees and travelling and other expenses and allowances. 2. Authorising provision These Regulations are made under section 99 of the Forests Act 1958. -- 2 of 9 -- S.R. No. 117/2000 Forests (Timber Promotion Council) (Amendment) Regulations 2000 2 3. Commencement These Regulations come into operation on 1 December 2000. 4. Principal Regulations In these Regulations the Forests (Timber Promotion Council) Regulations 1992 1 are called the Principal Regulations. 5. Constitution of Timber Promotion Council (1) In regulation 8(1) of the Principal Regulations for "nine" substitute "ten". (2) In regulation 8(1)(a) of the Principal Regulations for "five" substitute "four". (3) In regulation 8(1) of the Principal Regulations for paragraph (b) substitute— "(b) two persons must be nominated by the Secretary of whom— (i) one must be an employee of the Department of Natural Resources and Environment; and (ii) one must be an employee of the Department of State and Regional Development; and (c) one person must be nominated by the Construction Forestry Mining and Energy Union; and (d) one person must be nominated by the Victorian Forest Harvest and Cartage Council; and (e) one person must be nominated by the Timber Merchants' Association; and r. 3 -- 3 of 9 -- S.R. No. 117/2000 Forests (Timber Promotion Council) (Amendment) Regulations 2000 3 (f) one person must be nominated by the Secretary after consultation with the Victorian Association of Forest Industries and the Construction Forestry Mining and Energy Union as a person with expertise in marketing.". 6. Acting Chairperson For regulation 8(2) of the Principal Regulations substitute— "(2) The Governor in Council must appoint one of the members to be Chairperson. (2A) If, for any reason, the Chairperson is unable to perform his or her duties, the Secretary may appoint any member to be the Acting Chairperson for up to 60 days with the same functions, duties and entitlements as a Chairperson would have under these Regulations.". 7. References to Director-General In regulations 3(c), 8(3)(a), 10(3)(a) and 14 of the Principal Regulations for "Director-General" (wherever occurring) substitute "Secretary". 8. Council proceedings (1) In regulation 10(4) of the Principal Regulations for "the Chairperson is" substitute "both the Chairperson and any Acting Chairperson appointed under regulation 8(2A) are". (2) In regulation 10(5) of the Principal Regulations for "5" substitute "6". 9. New regulations 16 to 18 inserted r. 6 -- 4 of 9 -- S.R. No. 117/2000 Forests (Timber Promotion Council) (Amendment) Regulations 2000 4 For regulation 16 of the Principal Regulations substitute— "16. Fees and allowances for members A member, other than a member nominated under regulation 8(1)(b) of these Regulations, is entitled to be paid— (a) in the case of the Chairperson, a fee of $150 for each day during which he or she attends any meeting of the Council or any committee; and (b) in the case of any other member or deputy of a member, a fee of $130 for each day during which he or she attends any meeting of the Council or any committee; and (c) travelling and other expenses and allowances which are incurred in carrying out the duties of a member of the Council, as set out in Schedule 2. 17. Corporate plan (1) The Council must prepare a corporate plan each year and provide a copy to the Secretary on or before 31 July in each year, or such other time as the Secretary may specify. (2) The proposed corporate plan must be in or to the effect of a form approved by the Secretary and must include— (a) a statement of corporate intent including— (i) the objectives of the Council; (ii) the main undertakings of the Council; -- 5 of 9 -- S.R. No. 117/2000 Forests (Timber Promotion Council) (Amendment) Regulations 2000 5 (iii) the nature and scope of the activities to be undertaken by the Council; (iv) the accounting policies to be applied in the accounts; (v) the performance targets and other measures by which the performance of the Council may be judged in relation to its stated objectives; (vi) the kind of financial information to be provided to the Secretary by the Council during the course of those financial years, including the information to be included in each annual report; (vii) such other matters as may be agreed on by the Secretary and the Council; (b) a business plan containing the information required by the Secretary; (c) estimates of receipts and expenditure of the Council for the financial year or such other period as the Secretary may specify. (3) The Council must consider any comments on the proposed plan that are made to it by the Secretary within 2 months after the plan was submitted to the Secretary. (4) The Council must— (a) consult in good faith with the Secretary following communication to the Council of the comments; and r. 9 -- 6 of 9 -- S.R. No. 117/2000 Forests (Timber Promotion Council) (Amendment) Regulations 2000 6 (b) make such changes to the plan as are agreed between the Secretary and the Council; and (c) deliver the completed plan to the Secretary within 1 month after the end of the period referred to in sub- regulation (3). (5) The plan may be modified at any time with the agreement of the Secretary. (6) If the Council, by written notice to the Secretary, proposes a modification to the plan, the Council may, within 14 days, make the modification unless the Secretary, by written notice to the Council directs the Council not to make it. (7) The Secretary may, with the agreement of the Minister, from time to time direct the Council to include any specified matters in or omit any specified matters from a statement of intent, business plan or estimates. (8) Before giving any direction under sub- regulations (6) or (7), the Secretary must consult with the Council as to the matters referred to in the notice. (9) The Council must comply with a direction under sub-regulation (6) or (7). (10) At any particular time, the statement of corporate intent, business plan or the estimates for the Council are the statement, plan and estimates last completed, with any modifications or deletions made in accordance with this regulation. r. 9 -- 7 of 9 -- S.R. No. 117/2000 Forests (Timber Promotion Council) (Amendment) Regulations 2000 7 18. Transitional provision Despite the change in the constitution of the Council made by the Forests (Timber Promotion Council) (Amendment) Regulations 2000, the Council is deemed, on and from the commencement of those Regulations, to be the same body as it was before that commencement.". 10. New Schedule 2 inserted After Schedule 1 to the Principal Regulations insert— "SCHEDULE 2 ALLOWANCES Travel Allowances Where a member uses his or her private vehicle to carry out the duties of a member, an allowance may be paid at the following rate: Motor Car—over 35 P.M.U. (over 3001cc) 68·5 cents per kilometre Motor Car—under 35 P.M.U. (up to 3000cc) 57·0 cents per kilometre Motor Cycle—under 250 cc 24·8 cents per kilometre Motor Cycle—over 250 cc 33·0 cents per kilometre Accommodation, Meals and Incidental Allowances Where a member is absent from his or her home in the course of carrying out the duties of a member, the following allowances may be paid: Meal & Bed Leave Before Return After Capital City Other Breakfast 7:00 a.m. 9:30 a.m. $15·00 $11·00 Lunch 12:00 p.m. 3:00 p.m. $26·00 $20·00 Dinner 5:00 p.m. 7:00 p.m. $36·00 $28·00 Bed Overnight $112·00 $82·00 Incidentals When away overnight $14·00 $14·00 ". ═══════════════ r. 10 -- 8 of 9 -- S.R. No. 117/2000 Forests (Timber Promotion Council) (Amendment) Regulations 2000 8 ENDNOTES 1Reg. 4: S.R. No. 192/1992. Endnotes -- 9 of 9 --