New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 59C

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.

(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.