The terms used in this entry must be interpreted by reference to the Act.
36. Sector: Mining
Sub-sector: Petroleum
Obligations concerned: Market Access (Investment)
Level of government: Regional
Measures: Petroleum (Submerged Lands) Act 1982 (SA) Petroleum Act 1998 (Vic)
Description:
South Australia
Under certain circumstances, the Minister may direct the holder of a licence to increase or reduce the rate at which petroleum is being extracted or recovered in the licence area to a specified rate.
Victoria
Pursuant to s 60 of the Petroleum Act 1998 (Vic), under certain circumstances, the Minister may direct the holder ofa licence to reduce the rate at which petroleum is being extracted or recovered in the licence area to a specified rate.
37. Sector: Agriculture
Obligations concerned: Market Access (Investment)
Level of government: Regional
Measures: Land Administration Act 1997 (WA)
Description: Western Australia
The Pastoral Lands Board may from time to time determine the minimum and maximum numbers and the distribution of stock to be carried on land under a pastoral lease. The pastoral lessee must comply with such a determination.
The Minister must not:
(a) approve the grant of a pastoral lease to a person; or
(b) approve the transfer to the person of any interest in a pastoral lease
if the result of the grant or transfer would be that the pastoral land imputed to the person would exceed 500,000 hectares, unless the Minister is satisfied that the transfer would not result in so great a concentration of control of pastoral land as to be against the public interest.
38. Sector: Cat breeding
Obligations concerned: Market Access (Investment)
Level of government: Regional
Measures: Cat Act 2011 (WA) Cat (Uniform Local Provisions) Regulations 2013 (WA)
Description: Western Australia
There are limits on the number of cats which may be kept at a premises in Western Australia. The numbers are set under local laws and may differ between local government areas.
39. Sector: Forestry
Obligations concerned: Market Access (Investment)
Level of government: Regional
Measures: Forestry Act 2012 (NSW) Sustainable Forests (Timber) Act 2004 (Vic) Forests Act 1958 (Vic)
Description: New South Wales
The Minister may, by notice in writing to the Forestry Corporation of New South Wales:
(a) prohibit particular kinds of forestry operations in a special management zone; or
(b) prohibit forestry operations in the zone unless particular conditions are complied with.
The carrying out of general purpose logging is prohibited in a special management zone.
Victoria
VicForests has a monopoly over certain timber harvesting operations in state forests and has discretion to authorise persons to perform timber harvesting operations under contract or licence. The number of contracts or licences may be limited and there may be a limit on the total amount of resources which may be harvested.
40. Sector: Rain-making
Obligations concerned: Market Access (Investment and Cross-Border Trade in Services)
Level of government: Regional
Measures: Rain-Making Control Act 1967 (Vic)
Description: Victoria
Rain-making operations in Victoria are prohibited unless they are authorised under the Act.
41. Sector: Dog breeding
Obligations concerned: Market Access (Investment)
Level ofgovernment: Regional
Measures: Domestic Animals Act 1994 (Vic) Dog Act 1976 (WA) Dog Regulations 1976 (WA)
Description:
Victoria
A commercial dog breeder in Victoria must not keep more than 50 relevant fertile female dogs.
Western Australia
There are limits on the number of dogs which may be kept at a premises in Western Australia. The numbers are set under local laws and may differ between local government areas.
42. Sector: Agriculture and manufacturing
Obligations concerned: Market Access (Investment)
Level of government: Regional
Measures: Controlled Substances Act 1984 (SA) Drugs, Poisons and Controlled Substances Act 1981 (Vic) Drugs, Poisons and Controlled Substances Regulations 2017 (Vic)
Description:
South Australia
In South Australia a person may only: (a) cultivate or process alkaloid poppies; or
(b) manufacture any other drug, poison or controlled substance which is regulated by the Act
if they hold an approved licence and subject to the terms and conditions of the licence. Licences are granted on a discretionary basis, and the number of licences may be limited.
Unless otherwise approved, a poppy cultivation licence is subject to the condition that the licensed grower must have a contract with a licensed processor for the processing of alkaloid poppies cultivated under the licence.
Licences granted in South Australia to process alkaloid poppies are subject to limits on the maximum quantities which may be processed.
Victoria
Licences granted in Victoria to manufacture or formulate heroin are subject to limits on the maximum quantities which may be processed, manufactured or formulated (as appropriate).
43. Sector: Hunting
Obligations concerned: Market Access (Investment)
Level of government: Regional
Measures: Wildlife Act 1975 (Vic) Wildlife (Game) Regulations 2012 (Vic)
Description: Victoria
A licence is required to hunt wildlife or game in Victoria and the number of licences granted may be limited. Hunting of game is subject to licence conditions including bag limits, which vary for different taxon of game.
44. Sector: Human and social services
Sub-sector: Human health services
Obligations concerned: Market Access (Investment)
Level of government: Regional
Measures: Animal Research Act 1985 (NSW)
Description: New South Wales
Only a corporation may apply for accreditation as a research establishment under the Animal Research Act 1985 (NSW).
45. Sector: All
Obligations Concerned: Performance Requirements (22)
Level of Government: Regional
Measures: All existing non-conforming measures at the regional level of government.
Description: All existing non-conforming measures at the regional level of government with respect to the imposition or enforcement of any requirement, or the enforcement of any commitment or undertaking:
(a) to purchase, use or accord a preference to, in its territory, technology of the Party or of a person of the Party; (23)
(b) that prevents the purchase or use of, or the according of a preference to, in its territory, a particular technology;
(c) to adopt:
(i) a rate or amount of royalty below a certain level; or
(ii) a given duration of the term of a licence contract; (24)
with regard to any licence contract in existence at the time the requirement is imposed or enforced, or any commitment or undertaking is enforced, or with regard to any future licence contract freely entered into between the investment and a person in the territory of the Party, if the requirement is imposed or enforced or the commitment or undertaking is enforced, in a manner that constitutes a direct interference with that licence contract by an exercise of a non-judicial governmental authority of the Party, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment.
46. Sector: Communication services
Obligations concerned: National Treatment (Investment and Cross-Border Trade in Services), Most-Favoured-Nation (Investment and Cross-Border Trade in Services),Market Access (Investment and Cross-Border Trade in Services)
Level of government: Central
Measures: Australian Postal Corporation Act 1989 (Cth)
Description: Australia Post, a wholly-owned government entity, has the exclusive right to issue postage stamps and carry letters within Australia, whether the letters originated within or outside Australia. This includes:
(a) the collection within Australia of letters for delivery within Australia; and
(b) the delivery of letters within Australia. This reservation does not include:
(a) the carriage of a letter weighing more than 250 grams;
(b) the carriage of a letter within Australia for a charge or fee that is at least 4 times the rate of postage that is current at the time for the carriage within Australia of a standard postal article by ordinary post (25); and
(c) other exceptions to the reserved services set out in s 30 of the Australian Postal Corporation Act 1989 (Cth).
Australia Post also has certain rights, powers and immunities ascribed only to it, such as the use and access to public land for the provision of postal and courier services.
47. Sector: Transport services
Obligations concerned: National Treatment (Investment and Cross-Border Trade in Services) Market Access (Investment and Cross-Border Trade in Services)
Level of government: Central
Measures: Air Services Act 1995 (Cth) Air Services Regulations 1995 (Cth) Public Governance, Performance and Accountability Act 2013 (Cth)
Description: The following functions and services are reserved to provision by the statutory authority, Airservices Australia: airspace management, air traffic flow information, air traffic control, traffic and flight information, navigation services, aeronautical information, and aerodrome rescue and fire-fighting services.
ANNEX I. SCHEDULE OF THE UNITED KINGDOM
INTRODUCTORY NOTES
1. "Description" provides a general non-binding description of the measure for which the entry is made.
2. "Obligations Concerned" specifies the obligations referred to in paragraph 1 of Article 8.7 (Non-Conforming Measures - Cross-Border Trade in Services) and paragraph 1 of Article 13.13 (Non-Conforming Measures - Investment) that do not apply to the listed measures.
3. For the avoidance of doubt, and recalling i) subparagraph 6(c) of Article 13.13 (Non-Conforming Measures - Investment) and subparagraph 3(b) of Article 8.2 (Scope -Cross-Border Trade in Services) relating to the exclusion of government procurement; and ii) subparagraph 6(b) of Article 13.13 (Non- Conforming Measures - Investment) and subparagraph 3(d) of Article 8.2 (Scope - Cross-Border Trade in Services) relating to the exclusion of subsidies or grants provided by a Party:
In relation to Research and Development (R&D) services, Chapter 13 (Investment) and Chapter 8 (Cross-Border Trade in Services) shall not interfere with the ability of the UK to grant exclusive rights or authorisations, for publicly funded R&D services, to nationals of the UK or enterprises of the UK having their registered office, central administration, or principal place of business in the UK.
4. In the interpretation of an entry, all elements of the entry shall be considered. An entry shall be interpreted in the light of the relevant obligations of the Chapters against which the entry is taken. The "Measures" element shall prevail over all other elements.
5. For greater certainty, the fact that a Party has made an entry does not necessarily mean that, in the absence of such an entry, the measure would be inconsistent with the obligations under Chapter 13 (Investment) and Chapter 8 (Cross-Border Trade in Services).
Entry No. I-1 - Takeovers and Mergers
Sector - Sub-Sector: All Sectors
Obligations Concerned: Performance Requirements
Level of Government: Central and Regional
Description: Investment
The United Kingdom may enforce a commitment or undertaking in relation to a takeover or merger where the commitment or undertaking is not imposed or required as a condition of approval of the takeover or merger, and which is:
(a) given in accordance with the provisions governing post-offer undertakings in the City Code on Takeovers and Mergers; or
(b) given pursuant to Deeds of Undertaking accepted or enforced under the prerogative powers of the Crown.
Measures: The City Code on Takeovers and Mergers. Companies Act 2006. Law of Property (Miscellaneous Provisions) Act 1989 as regards enforcement of Deeds of Undertaking in relation to takeovers or mergers.
Entry No. I-2 - Professional services (legal services)
Sector - Sub-Sector: Professional services - legal services
Industry Classification: Part of CPC 861
Obligations Concerned: Market Access, National Treatment, Local Presence
Level of Government: Central and Regional
Description: Investment and Cross-Border Trade in Services
Residency (commercial presence) may be required by the relevant professional or regulatory body for the provision of some UK domestic legal services. Non- discriminatory legal form requirements apply.
Residency may be required by the relevant professional or regulatory body for the provision of certain UK domestic legal services in relation to immigration.
Measures: