New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 35X

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.

(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.