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Tan Ann Tasmania, through the agency of its CEO, is trying to orchestrate a similar publicly-funded compensation buy-back as Gunns Ltd managed in 2011.

With no FSC certification for their wood products there can be no markets. If there are no forward sales to customers in Japan effectively it will mean their two peeler mills and their wood supply contracts [valid to 2027] are Ta Ann’s only saleable commodities.

Mr Evan Rolley, the now CEO for Ta Ann Tasmania, appeared before the Legislative Council committee on their final afternoon or public hearings [28 February 2013].

[b]Evan Rolley[/b]: “We put on record to this Committee today the appreciation of the Board of Ta Ann for the very considerable financial and moral encouragement that was given to the company to remain and await the deliberations of this Committee. I put on record the Board’s appreciation for the very considerable measures Forestry Tasmania and its Chairman [Bob Annells], for example, took to remove the take-or-pay provisions of our contract and provide a new framework at reduced volumes for us to operate that relationship; the significant work the Tasmanian State Government did to deal with the new wood infrastructure and the costs of our electricity supply to the Huon mill, the Australian Government’s commitment to immediately commence the process of negotiation on the compensation question so we could inform our shareholders and the parent board that that matter was now in hand and there was a commitment to it, and the support the unions provided for a negotiation around our EBA [Enterprise Bargaining Agreements] terms with our employees, which saw us have to push out an extra four weeks of shutdown in operations.

Reference: Parliamentary Hansard – Legislative Council Select Committee on the Tasmanian Forest Agreement Bill 2012 – Transcripts: Thursday 28 February 2013 – Hobart – Afternoon Session http://www.parliament.tas.gov.au/CTEE/Council/Transcripts/28%20February%202013%20-%20Hobart%20-%20afternoon%20session.pdf]

Ta Ann’s negotiated take-or-pay provisions in their contracts for access to the public forests were prepared and signed whilst Mr Rolley was CEO of Forestry Tasmania. Under specific clauses these contracts can be cashed in under [i]Force Majeure[/i] provisions.

Such clauses allow Ta Ann to negotiate for compensation if they have to retire a quantity of wood supply in their existing contracts, as identified in the Tasmanian Forest Agreement 2012 bill. Gunns Ltd [i]pas-de-deux[/i] with Forestry Tasmania over long-standing debts during the IGA process saw Gunns Ltd surrendering its wood supply contracts and both Gunns and Forestry Tasmania receiving $34.5 million in compensation funds courtesy of the Commonwealth Government.

Liberal MHA, Peter Gutwein’s [i]Right to Information [/i]documents received in late September 2011 reveal that Gunns Ltd argued for sympathy from their creditor, Forestry Tasmania, because their markets for woodchips had disappeared because of competition pressures and the lack of FSC certification.

The business of Messrs Harriss and Rolley to secure even larger tranches of public funds this time for Ta Ann will be more difficult now that this commercial mechanism and its conflict of interest are now been made public.

[i]Giddings knew Gunns was insolvent[/i] by [b]John Lawrence[/b]
http://oldtt.pixelkey.biz/index.php?/weblog/article/giddings-knew-gunns-was-insolvent/

[i]Contracts and Collusion: The Underbelly of Forestry Tasmania[/i] by [b]John Hawkins[/b]

http://oldtt.pixelkey.biz/index.php?/weblog/article/Contracts-and-Collusion-The-Underbelly-of-Forestry-Tasmania/

[i]The Underbelly of Forestry Tasmania[/i] by[b] John Hawkins[/b]

http://oldtt.pixelkey.biz/index.php?/weblog/article/underbelly-part-ii/