New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 25I

25I Commission to execute certificate releasing land from profit à prendre

(1) Where:

(a) the commission is of the opinion that the timber and products the subject of a profit à prendre reserved in respect of any land under subsection (1) of section 25F have been substantially taken from that land before the expiration of the profit à prendre as referred to in subsection (2) of section 25F,

(a1) the commission is of the opinion that by reason of the small quantity or inferior quality of the timber or products the subject of any such profit à prendre it is unlikely that the timber or products would be taken by the Crown or the holder of a timber licence or products licence before that expiration, or

(b) an agreement to sell the subsisting rights of the commission under any such profit à prendre has been entered into under section 25G, and no timber licence or products licence remains in force in respect of the land,

the commission shall execute a certificate, in the prescribed form, certifying that the land is freed from the profit à prendre and thereupon the Crown shall be deemed to have released the land from the burden of the profit à prendre.

(2) The Commission shall after the execution of any such certificate in respect of any land:

(a) if the land is not under the provisions of the Real Property Act 1900 , lodge a copy of the certificate with the Registrar-General who shall record in the record of Crown holdings which are not under that Act, in such manner as the Registrar-General considers proper, the release of the profit à prendre,

(b) if the land is under the provisions of the Real Property Act 1900 , lodge with the Registrar-General in a form approved by the Registrar-General a copy of the certificate and upon receipt of it the Registrar-General shall, under section 32 of that Act, record in the Register kept under that Act, in such manner as the Registrar-General considers proper, the release of the profit à prendre and shall make a corresponding recording on the grant or certificate of title upon its being produced, and

(c) if the certificate was executed on application made by the owner of the land, furnish to the owner a copy of the certificate.