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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crown Lands Legislation Amendment
(Carbon Sequestration) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Act 2
Schedule 1 Amendment of Crown Lands Act 1989 No 6 3
Schedule 2 Amendment of Western Lands Act 1901 No 70 5
Schedule 3 Amendment of Forestry Act 1916 No 55 8
Schedule 4 Amendment of Aboriginal Land Rights Act 1983 No 42 10
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Crown Lands Legislation Amendment
(Carbon Sequestration) Bill 2006
Act No , 2006
An Act to amend the Crown Lands Act 1989 and the Western Lands Act 1901 to
enable carbon sequestration and related forestry rights to be granted in respect of
Crown land (including land held under Western lands lease); and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crown Lands Legislation Amendment (Carbon
Sequestration) Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Acts
The Acts specified in Schedules 14 are amended as set out in those
Schedules.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
Amendment of Crown Lands Act 1989 No 6 Schedule 1
Schedule 1 Amendment of Crown Lands Act 1989
No 6
(Section 3)
Part 4, Division 5A
Insert after Division 5:
Division 5A Carbon sequestration and related forestry
rights
59A Definitions
In this Division:
carbon sequestration right and forestry right have the same
meanings as in section 87A of the Conveyancing Act 1919.
Note. A forestry right is defined in section 87A of the Conveyancing Act
1919 to include a carbon sequestration right in relation to land (carbon
sequestration being the process by which a tree or forest absorbs carbon
dioxide from the atmosphere). This Division applies to a forestry right
only to the extent that it consists in whole or in part of a carbon
sequestration right.
A forestry right is, for all purposes, taken to be a profit à prendre (see
section 88AB of the Conveyancing Act 1919).
Crown land includes any land dedicated under this Act for a
public purpose.
59B Application of Division
(1) This Division applies only in relation to the granting and creation
of a forestry right to the extent that it consists in whole or in part
of a carbon sequestration right.
(2) Nothing in this Division limits the power of the Minister to
otherwise deal with Crown land.
59C Granting and creation of carbon sequestration and related forestry
rights
(1) The Minister may, on such terms and conditions as the Minister
determines, grant a forestry right in respect of Crown land.
(2) In the case of a Crown reserve, the provisions of section 34A
apply to and in respect of the granting by the Minister of a
forestry right in respect of the reserve as if the forestry right were
a relevant interest as referred to in that section.
Page 3
Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
Schedule 1 Amendment of Crown Lands Act 1989 No 6
(3) In the case of Crown land that is the subject of a perpetual lease,
the Minister may, on such terms and conditions as the Minister
determines, consent to the lessee granting a forestry right in
respect of the land the subject of the lease.
(4) The lessee of any land that is the subject of a perpetual lease may,
with the consent of the Minister under subsection (3), grant a
forestry right in respect of the land on such terms and conditions
as the Minister determines.
(5) A forestry right referred to in this section:
(a) is, in the case of land that is subject to the provisions of the
Real Property Act 1900, created in the way provided in
that Act or in section 88B of the Conveyancing Act 1919,
or
(b) is, in the case of land that is not subject to the provisions of
the Real Property Act 1900, created:
(i) in the way provided in section 88B of the
Conveyancing Act 1919, or
(ii) if the Minister so consents, by instrument registered
in the General Register of Deeds, or
(iii) by notification in the Gazette (except in the case of
a forestry right granted by a perpetual lessee).
(6) Without limiting the terms and conditions that may be
determined by the Minister under this section, any such terms and
conditions may restrict any dealings in the forestry right
concerned.
(7) The Minister may not grant a forestry right in respect of Crown
land unless the Minister is satisfied that any lessee of the land has
consented to the forestry right being granted.
(8) Before granting a forestry right in respect of Crown land that is
Crown-timber land within the meaning of the Forestry Act 1916
(or before consenting to the granting of any such forestry right),
the Minister must consult the Minister administering the Forestry
Act 1916.
Note. In the case of Crown-timber land that is a State forest or timber
reserve, it is the Forestry Commission that may grant a forestry right in
respect of the land.
(9) Without limiting the operation of Division 4 of Part 6 of the
Conveyancing Act 1919, restrictions on the use of land and
covenants may, in accordance with that Division, be imposed on
Crown land that is the subject of a forestry right granted under
this section.
Page 4
Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
Amendment of Western Lands Act 1901 No 70 Schedule 2
Schedule 2 Amendment of Western Lands Act 1901
No 70
(Section 3)
[1] Section 18G Dealings in leased land
Insert after section 18G (6):
(7) Land held under a lease under this Act may not be transferred or
conveyed for the purpose of creating a forestry right (within the
meaning of section 87A of the Conveyancing Act 1919) that
consists in whole or in part of a carbon sequestration right
otherwise than in accordance with Part 9D of this Act.
[2] Section 18J Conditions attaching to leases: alteration by consent
Insert "or relating to the use of land for the purposes of carbon sequestration
within the meaning of section 87A of the Conveyancing Act 1919" after
"payable under the lease".
[3] Section 28A Granting of leases after 1989 amending Act
Insert after section 28A (1) (e):
(e1) the use of land for the purposes of carbon sequestration
within the meaning of section 87A of the Conveyancing
Act 1919 (including for plantation purposes), or for any
such purpose combined with any one or more of the other
purposes referred to in this subsection, or
[4] Part 9D
Insert after Part 9C:
Part 9D Carbon sequestration and related forestry
rights
35V Definitions
In this Part:
carbon sequestration right and forestry right have the same
meanings as in section 87A of the Conveyancing Act 1919.
Note. A forestry right is defined in section 87A of the Conveyancing Act
1919 to include a carbon sequestration right in relation to land (carbon
sequestration being the process by which a tree or forest absorbs carbon
dioxide from the atmosphere). This Part applies to a forestry right only to
the extent that it consists in whole or in part of a carbon sequestration
right.
Page 5
Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
Schedule 2 Amendment of Western Lands Act 1901 No 70
A forestry right is, for all purposes, taken to be a profit à prendre (see
section 88AB of the Conveyancing Act 1919).
35W Application of Part
This Part applies only in relation to the granting or creation of a
forestry right to the extent that it consists in whole or in part of a
carbon sequestration right.
35X Granting and creation of forestry rights in respect of land held
under lease
(1) The Minister may:
(a) on application made in the approved form, and
(b) on such terms and conditions as the Minister determines,
grant a forestry right in respect of land held under a lease, but
only with the consent of the lessee of that land.
(2) In the case of land that is the subject of a lease in perpetuity, the
Minister may, on such terms and conditions as the Minister
determines, consent to the lessee granting a forestry right in
respect of the land the subject of the lease.
(3) The lessee of any land that is the subject of a lease in perpetuity
may, with the consent of the Minister under subsection (2), grant
a forestry right in respect of the land on such terms and conditions
as the Minister determines.
(4) A forestry right referred to in this section:
(a) is, in the case of land that is subject to the provisions of the
Real Property Act 1900, created in the way provided in
that Act or in section 88B of the Conveyancing Act 1919,
or
(b) is, in the case of land that is not subject to the provisions of
the Real Property Act 1900, created:
(i) in the way provided in section 88B of the
Conveyancing Act 1919, or
(ii) if the Minister so consents, by instrument registered
in the General Register of Deeds, or
(iii) by notification in the Gazette (except in the case of
a forestry right granted by a perpetual lessee).
(5) Without limiting the terms and conditions that may be
determined by the Minister under this section, any such terms and
conditions may restrict any dealings in the forestry right.
Page 6
Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
Amendment of Western Lands Act 1901 No 70 Schedule 2
(6) Before granting a forestry right in respect of land that is
Crown-timber land within the meaning of the Forestry Act 1916
(or before consenting to the granting of any such forestry right),
the Minister must consult the Minister administering the Forestry
Act 1916.
Note. In the case of Crown-timber land that is a State forest or timber
reserve, it is the Forestry Commission that may grant a forestry right in
respect of the land.
(7) Without limiting the operation of Division 4 of Part 6 of the
Conveyancing Act 1919, restrictions on the use of land and
covenants may, in accordance with that Division, be imposed on
land that is the subject of a forestry right granted under this
section.
[5] Schedule 2 Applicable provisions of the Crown Lands Act 1989
Insert after the matter relating to Division 5 of Part 4:
Division 5A (Carbon sequestration and related forestry rights)--
the whole Division except in relation to land that is the subject of
a lease under the Western Lands Act 1901.
Page 7
Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
Schedule 3 Amendment of Forestry Act 1916 No 55
Schedule 3 Amendment of Forestry Act 1916 No 55
(Section 3)
[1] Section 11 Powers and duties of the commission
Omit section 11 (1) (m5). Insert instead:
(m5) without limiting paragraph (m4), may, for any purpose
consistent with its objects, grant a forestry right (within the
meaning of section 87A of the Conveyancing Act 1919) in
respect of a State forest, timber reserve or land owned by
it, including any such right that is for the benefit of the
commission, and only with the consent of any lessee in the
case of a timber reserve, or
[2] Section 11AA
Insert after section 11:
11AA Limit on power to take timber etc from land subject to forestry right
Despite any other provision of this Act, the commission is not
authorised to take, or authorise any other person to take, any
timber, products or forest materials from any Crown-timber land
that is the subject of a forestry right within the meaning of section
87A of the Conveyancing Act 1919 unless the forestry right is
held or granted by the commission.
[3] Section 25F Crown's rights to timber and products on purchase-tenure
land
Insert after section 25F (5) (a):
(a1) have been established on land that is the subject of a
forestry right within the meaning of section 87A of the
Conveyancing Act 1919, or
[4] Section 27 Penalty for unlawfully taking timber, products or forest
materials
Insert ", (a1)" after "paragraph (a)" in section 27 (3) (a) (iv).
[5] Section 27 (3) (a) (iva)
Insert after section 27 (3) (a) (iv):
(iva) in pursuance of and in accordance with a forestry right
within the meaning of section 87A of the Conveyancing
Act 1919 and any restriction on use or covenant imposed
under Division 4 of Part 6 of that Act in connection with
the forestry right,
Page 8
Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
Amendment of Forestry Act 1916 No 55 Schedule 3
[6] Section 27E Trees planted, established or necessary for certain
purposes
Insert after section 27E (1) (a):
(a1) have been established on land that is the subject of a
forestry right within the meaning of section 87A of the
Conveyancing Act 1919, or
[7] Section 30AA
Insert after section 30A:
30AA Limitation on royalty
Despite any other provision of this Division, the commission is
not entitled to a royalty in respect of any timber or products:
(a) derived from trees that have been established on land that
is the subject of a forestry right within the meaning of
section 87A of the Conveyancing Act 1919, and
(b) taken in accordance with the forestry right and any
restriction on use or covenant imposed in connection with
the forestry right,
unless the forestry right is granted by the commission.
[8] Section 31 Permits to occupy and use land
Insert after section 31 (6):
(7) A permit under this section may not be granted in respect of land
that is subject to a forestry right (within the meaning of section
87A of the Conveyancing Act 1919) if the permit is for a purpose
that is, in the opinion of the commission, inconsistent with:
(a) the forestry right, or
(b) a restriction on the use of land, or forestry covenant,
imposed in connection with the forestry right under
Division 4 of Part 6 of the Conveyancing Act 1919.
Page 9
Crown Lands Legislation Amendment (Carbon Sequestration) Bill 2006
Schedule 4 Amendment of Aboriginal Land Rights Act 1983 No 42
Schedule 4 Amendment of Aboriginal Land Rights
Act 1983 No 42
(Section 3)
[1] Section 36 Claims to Crown lands
Insert "a forestry right (within the meaning of section 87A of the
Conveyancing Act 1919) granted in respect of them or of" before "an
easement" in section 36 (11).
[2] Section 36 (12)
Omit the subsection. Insert instead:
(12) A transfer of lands pursuant to this section is subject to the
following:
(a) any easements affecting the lands immediately before the
transfer,
(b) any condition imposed under subsection (5A),
(c) any forestry right within the meaning of section 87A of the
Conveyancing Act 1919, and any restriction on use or
covenant imposed under Division 4 of Part 6 of that Act in
connection with that forestry right, in force in respect of
the lands immediately before the transfer.
Page 10
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