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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Carbon Rights and Tree
Plantation Agreements) Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Land Administration Act 1997
3. The Act amended 3
4. Section 3 amended 3
5. Section 18A inserted 3
Part 3 -- Soil and Land Conservation
Act 1945
6. The Act amended 5
7. Section 4A inserted 5
Part 4 -- Stamp Act 1921
8. The Act amended 7
9. Third Schedule amended 7
Part 5 -- Transfer of Land Act 1893
10. The Act amended 8
11. Section 4 amended 8
12. Section 65 amended 10
13. Section 91 amended 11
14. Part IV Divisions 2A and 2B inserted 11
15. Section 110 amended 25
16. Section 129A amended 25
17. Section 137 amended 25
page i
119 -- 2
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Contents
18. Section 174 amended 26
19. Section 180 amended 26
20. Section 228 amended 26
21. Section 242 amended 27
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Acts Amendment (Carbon Rights and Tree
Plantation Agreements) Bill 2002
A Bill for
An Act to amend the --
· Land Administration Act 1997;
· Soil and Land Conservation Act 1945;
· Stamp Act 1921; and
· Transfer of Land Act 1893,
in relation to matters arising from the enactment of the Carbon
Rights Act 2002 and the Tree Plantation Agreements Act 2002.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Carbon Rights
and Tree Plantation Agreements) Act 2002.
5 2. Commencement
This Act comes into operation on the day on which the Carbon
Rights Act 2002 comes into operation.
page 2
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Land Administration Act 1997 Part 2
s. 3
Part 2 -- Land Administration Act 1997
3. The Act amended
The amendments in this Part are to the Land Administration
Act 1997*.
5 [* Reprinted as at 22 June 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 196.]
4. Section 3 amended
Section 3(1) is amended by inserting after the definition of
10 "authorised land officer" the following definition --
"
"carbon covenant" and "carbon right" have the same
respective meanings as they have in the Carbon
Rights Act 2002;
15 ".
5. Section 18A inserted
After section 18 the following section is inserted --
"
18A. Minister's powers as to carbon rights and carbon
20 covenants affecting Crown land
The Minister may --
(a) apply for the State to be registered as the
proprietor of a carbon right in respect of Crown
land;
25 (b) enter into a carbon covenant --
(i) that benefits a carbon right in respect of
Crown land; or
(ii) that burdens Crown land;
or
page 3
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 2 Land Administration Act 1997
s. 5
(c) deal with --
(i) a carbon right in respect of Crown land;
or
(ii) a carbon covenant referred to in
5 paragraph (b)(i) or (ii).
".
page 4
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Soil and Land Conservation Act 1945 Part 3
s. 6
Part 3 -- Soil and Land Conservation Act 1945
6. The Act amended
The amendment in this Part is to the Soil and Land
Conservation Act 1945*.
5 [* Reprinted as at 12 August 1997.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 346.]
7. Section 4A inserted
After section 4 the following section is inserted in Part I --
10 "
4A. Regulations and soil conservation notices do not
apply to prevent commercial harvest of plantation
products
(1) In subsection (2) --
15 "code of practice" means a code of practice approved
by the Commissioner and published in the Gazette;
"commercial purpose" means the purpose of sale or
any other purpose that is directed to financial gain
or reward;
20 "notice" means a soil conservation notice as defined in
section 31;
"plantation" means one or more groups of planted
trees;
"product", in relation to a tree, includes the whole
25 tree, a part of the tree or a thing produced by the
tree whether or not the part of the tree or the thing
produced by the tree is above or below the ground
or has become separated from the tree before being
harvested;
page 5
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 3 Soil and Land Conservation Act 1945
s. 7
"regulation" means a regulation made under
section 22(2) or 48;
"tree" means a perennial plant having one or more
woody, self-supporting trunks and includes a tree
5 seedling and a sapling.
(2) A regulation or notice is of no effect to the extent to
which it purports to prevent the harvest for a
commercial purpose of a product of a tree in a
plantation if the harvest is being done, or is intended to
10 be done, in accordance with a code of practice that
applies at the time the harvest is being done, or is
intended to be done.
".
page 6
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Stamp Act 1921 Part 4
s. 8
Part 4 -- Stamp Act 1921
8. The Act amended
The amendment in this Part is to the Stamp Act 1921*.
[* Reprinted as at 3 August 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 354.]
9. Third Schedule amended
The Third Schedule is amended by inserting after item 2(18) the
following subitems --
10 "
(19) A timber sharefarming agreement under the Conservation
and Land Management Act 1984 or the Forest Products
Act 2000 under which a profit à prendre is created but this
subitem does not apply to such an agreement if a profit à
15 prendre had been previously created in respect of a crop of
trees to which the agreement applies.
(20) An agreement under the Tree Plantation Agreements
Act 2002 in respect of which a plantation interest, as defined
in that Act, is created but this subitem does not apply to such
20 an agreement if a plantation interest had been previously
created in respect of a plantation to which the agreement
applies.
".
page 7
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 5 Transfer of Land Act 1893
s. 10
Part 5 -- Transfer of Land Act 1893
10. The Act amended
The amendments in this Part are to the Transfer of Land
Act 1893*.
5 [* Reprinted as at 9 February 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 385.]
11. Section 4 amended
(1) Section 4(1) is amended by inserting after the definition of
10 "Authorised land officer" the following --
"
"Carbon covenant", "carbon covenant form",
"carbon right" and "carbon right form" have
the same respective meanings as they have in the
15 Carbon Rights Act 2002.
".
(2) Section 4(1) is amended in the definition of "Dealing" by
inserting after "Dealing" --
" , in relation to Crown land, ".
20 (3) Section 4(1) is amended by deleting the definition of
"Instrument" and inserting the following definition instead --
"
"Instrument" includes --
(a) a document for the conveyance, assignment,
25 transfer, lease, sublease, mortgage or charge
of freehold land;
(b) a document creating an easement, profit à
prendre or restrictive covenant;
(c) a carbon right form, carbon covenant form or
30 tree plantation agreement;
page 8
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Transfer of Land Act 1893 Part 5
s. 11
(d) a document for --
(i) the transfer, mortgage or charge of a
carbon right, carbon covenant,
plantation interest or profit à prendre or
5 for any other dealing in relation to a
carbon right, carbon covenant,
plantation interest or profit à prendre;
(ii) the extension of a carbon right, carbon
covenant or plantation interest;
10 (iii) the variation of a carbon covenant or
tree plantation agreement; or
(iv) the surrender of a carbon right, carbon
covenant or plantation interest;
(e) a document lodged with a plan or diagram
15 under Part IVA for the purpose of creating
an easement or restrictive covenant under
that Part; and
(f) any other document for a dealing in relation
to Crown land.
20 ".
(4) Section 4(1) is amended after the definition of "Person" by
inserting the following definition --
"
"Plantation interest" has the same meaning as it has in
25 the Tree Plantation Agreements Act 2002.
".
(5) Section 4(1) is amended in the definition of "Proprietor" as
follows:
(a) by deleting "or" at the end of paragraph (a);
page 9
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 5 Transfer of Land Act 1893
s. 12
(b) by inserting after paragraph (a) --
"
(aa) in relation to a carbon right, carbon covenant
or plantation interest, a person; or
5 ";
(c) by inserting after "that freehold land," --
"
carbon right, carbon covenant or plantation
interest,
10 ".
(6) Section 4(1) is amended after the definition of "Transmission"
by inserting the following definition --
"
"Tree plantation agreement" means an agreement as
15 defined in the Tree Plantation Agreements
Act 2002.
".
12. Section 65 amended
(1) Section 65(1) is amended by inserting after "lease" in both
20 places where it occurs --
" , tree plantation agreement ".
(2) Section 65(3) is amended as follows:
(a) in paragraph (a) by inserting after "lease" --
" , tree plantation agreement ";
25 (b) by inserting after "lease," --
" tree plantation agreement, ".
page 10
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Transfer of Land Act 1893 Part 5
s. 13
13. Section 91 amended
Section 91 is amended as follows:
(a) by deleting "or charge" and inserting instead --
"
5 , charge, carbon right, carbon covenant or plantation
interest
";
(b) by deleting "or annuitant" in both places where it occurs
and inserting instead --
10 "
, annuitant, or proprietor of a carbon right, carbon
covenant or plantation interest
".
14. Part IV Divisions 2A and 2B inserted
15 After section 104 the following Divisions are inserted in
Part IV --
"
Division 2A -- Carbon rights and carbon covenants
104A. Definitions
20 In this Division --
"affected land", in relation to a carbon right, means
the land in respect of which the carbon right is
registered;
"burdened land", in relation to a carbon covenant,
25 means the land in respect of which the covenant is
registered as a burden;
"relevant carbon right", in relation to a carbon
covenant or a proposed carbon covenant, means
the carbon right in relation to which the covenant
30 is, or is to be, entered into.
page 11
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 5 Transfer of Land Act 1893
s. 14
104B. Registration of carbon right form
(1) A carbon right form shall not be registered unless it is
accompanied by --
(a) the written consent of each person who has a
5 registered interest in the freehold land or Crown
land in respect of which the proposed carbon
right is to be created; and
(b) the prescribed fee.
(2) If a carbon right form is in respect of Crown land, it
10 shall not be registered unless there is compliance with
section 18 of the Land Administration Act 1997.
104C. Extension of carbon right
(1) A carbon right may be extended by an instrument of
extension in an approved form that sets out the term of
15 the extension and that is signed by each proprietor of
the carbon right.
(2) An instrument of extension of a carbon right shall not
be registered unless it is accompanied by --
(a) the written consent of each person who has a
20 registered interest in --
(i) the affected land; and
(ii) the carbon right;
and
(b) the prescribed fee.
25 (3) Subsection (2) does not require the written consent of a
person whose signature to an instrument of extension
of a carbon right is required under subsection (1).
(4) If a carbon right is registered in respect of Crown land,
an instrument of extension of the carbon right shall not
30 be registered unless there is compliance with section 18
of the Land Administration Act 1997.
page 12
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Transfer of Land Act 1893 Part 5
s. 14
104D. Transfer of carbon right
(1) The requirements of subsections (2), (3) and (4) are in
addition to the requirements of Part IV Division 1 and
any other provision of this Act relevant to the transfer
5 of land or an interest in land.
(2) A carbon right can only be transferred in relation to the
whole of the area of the affected land.
(3) If the proprietor of a carbon right is also the proprietor
of a carbon covenant entered into in relation to that
10 carbon right, a transfer of the carbon right shall not be
registered unless it is accompanied by a transfer of the
proprietor's interest in the carbon covenant.
(4) If a carbon right is registered in respect of Crown land,
a transfer of the carbon right shall not be registered
15 unless there is compliance with section 18 of the Land
Administration Act 1997.
104E. Mortgage of carbon right
(1) The requirements of subsection (2) are in addition to
the requirements of Part IV Division 3 and any other
20 provision of this Act relevant to the mortgage of land.
(2) If a carbon right is registered in respect of Crown land,
a mortgage of the carbon right shall not be registered
unless there is compliance with section 18 of the Land
Administration Act 1997.
25 104F. Surrender of carbon right
(1) A carbon right may be wholly or partially surrendered
by an instrument of surrender in an approved form that
is signed by each proprietor of the carbon right.
page 13
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 5 Transfer of Land Act 1893
s. 14
(2) An instrument of surrender of a carbon right shall not
be registered unless --
(a) the following have been surrendered,
discharged or withdrawn --
5 (i) each registered interest in the carbon
right or the part of the carbon right to be
surrendered;
(ii) any carbon covenant that is registered in
respect of the carbon right or the part of
10 the carbon right to be surrendered;
(iii) any caveat lodged in respect of the
carbon right or the part of the carbon
right to be surrendered;
and
15 (b) the instrument is accompanied by the
prescribed fee.
(3) If a carbon right is registered in respect of Crown land,
an instrument of surrender of the carbon right shall not
be registered unless there is compliance with section 18
20 of the Land Administration Act 1997.
104G. Registration of carbon covenant form
(1) A carbon covenant form shall not be registered unless
it is accompanied by --
(a) the written consent of each person who has a
25 registered interest in --
(i) the land to be burdened by the proposed
carbon covenant; and
(ii) the relevant carbon right;
and
30 (b) the prescribed fee.
page 14
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
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Transfer of Land Act 1893 Part 5
s. 14
(2) If a carbon covenant form is in respect of Crown land,
it shall not be registered unless there is compliance
with section 18 of the Land Administration Act 1997.
104H. Extension of carbon covenant
5 (1) A carbon covenant may be extended by an instrument
of extension in an approved form that sets out the term
of the extension, which shall not be longer than the
term of the relevant carbon right, and that is signed by
each proprietor of --
10 (a) the carbon covenant; and
(b) the burdened land.
(2) An instrument of extension of a carbon covenant --
(a) may be used to vary the provisions of a carbon
covenant if the Registrar is satisfied that the
15 covenant if varied as proposed would continue
to comply with section 11(2) of the Carbon
Rights Act 2002; and
(b) shall not be used to effect a change to --
(i) the proprietors of the carbon covenant
20 or the burdened land; or
(ii) the area of the burdened land to which
the covenant applies.
(3) An instrument of extension of a carbon covenant shall
not be registered unless it is accompanied by --
25 (a) the written consent of each person who has a
registered interest in --
(i) the carbon covenant;
(ii) the burdened land; and
(iii) the relevant carbon right;
30 and
(b) the prescribed fee.
page 15
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 5 Transfer of Land Act 1893
s. 14
(4) Subsection (3) does not require the written consent of a
person whose signature to an instrument of extension
of a carbon covenant is required under
subsection (1)(a) or (b).
5 (5) If a carbon covenant applies in respect of Crown land,
an instrument of extension of the carbon covenant shall
not be registered unless there is compliance with
section 18 of the Land Administration Act 1997.
104I. Variation of carbon covenant
10 (1) The provisions of a carbon covenant may be varied by
an instrument of variation in an approved form that sets
out the variations and the conditions (if any) on which
the variations are made, and that is signed by each
proprietor of --
15 (a) the carbon covenant; and
(b) the burdened land.
(2) An instrument of variation of a carbon covenant --
(a) may be used to vary the provisions of a carbon
covenant if the Registrar is satisfied that the
20 covenant if varied as proposed would continue
to comply with section 11(2) of the Carbon
Rights Act 2002; and
(b) shall not be used to effect --
(i) a change to the proprietors of the carbon
25 covenant or the burdened land;
(ii) a change to the area of the burdened
land to which the covenant applies; or
(iii) an extension or other change to the term
of a carbon covenant.
page 16
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
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Transfer of Land Act 1893 Part 5
s. 14
(3) An instrument of variation of a carbon covenant shall
not be registered unless it is accompanied by --
(a) the written consent of each person who has a
registered interest in --
5 (i) the carbon covenant;
(ii) the burdened land; and
(iii) the relevant carbon right;
and
(b) the prescribed fee.
10 (4) Subsection (3) does not require the written consent of a
person whose signature to an instrument of variation of
a carbon covenant interest is required under
subsection (1)(a) or (b).
(5) If a carbon covenant applies in respect of Crown land,
15 an instrument of variation of the covenant shall not be
registered unless there is compliance with section 18 of
the Land Administration Act 1997.
104J. Transfer of benefits under a carbon covenant
(1) The requirements of subsections (2), (3) and (4) are in
20 addition to the requirements of Part IV Division 1 and
any other provision of this Act relevant to the transfer
of land or an interest in land.
(2) A carbon covenant can only be transferred in relation
to the whole of the area of the land in respect of
25 which --
(a) the relevant carbon right is registered; and
(b) the covenant applies.
(3) A transfer of a carbon covenant shall not be registered
unless it is accompanied by a transfer of the
30 proprietor's interest in the relevant carbon right.
page 17
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
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Part 5 Transfer of Land Act 1893
s. 14
(4) If a carbon covenant applies in respect of Crown land,
a transfer of the carbon covenant shall not be registered
unless there is compliance with section 18 of the Land
Administration Act 1997.
5 104K. Mortgage of carbon covenant
(1) The requirements of subsections (2) and (3) are in
addition to the requirements of Part IV Division 3 and
any other provision of this Act relevant to the mortgage
of land.
10 (2) A person shall not be a mortgagee of a carbon covenant
unless the person is also a mortgagee of the relevant
carbon right.
(3) If a carbon covenant applies in respect of Crown land,
a mortgage of the carbon covenant shall not be
15 registered unless there is compliance with section 18 of
the Land Administration Act 1997.
104L. Surrender of carbon covenant
(1) A carbon covenant may be wholly or partially
surrendered by an instrument of surrender in an
20 approved form that is signed by each proprietor of --
(a) the carbon covenant; and
(b) the burdened land that is the subject of the
surrender.
(2) An instrument of surrender of a carbon covenant shall
25 not be registered unless --
(a) the following have been surrendered,
discharged or withdrawn --
(i) each registered interest in the carbon
covenant or the part of the carbon
30 covenant to be surrendered;
page 18
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
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Transfer of Land Act 1893 Part 5
s. 14
(ii) any caveat lodged in respect of the
carbon covenant or the part of the
covenant to be surrendered;
and
5 (b) the instrument is accompanied by the
prescribed fee.
(3) If a carbon covenant applies in respect of Crown land,
an instrument of surrender of the carbon covenant shall
not be registered unless there is compliance with
10 section 18 of the Land Administration Act 1997.
Division 2B -- Tree plantation agreements and
plantation interests
104M. Definitions
15 In this Division --
"agreement" means a tree plantation agreement;
"agreement land" has the same meaning as it has in
the Tree Plantation Agreements Act 2002.
104N. Registration of tree plantation agreement
20 (1) A party to an agreement may lodge the agreement for
registration.
(2) An agreement shall not be registered unless it is in an
approved form and is accompanied --
(a) by the written consent of each person who has a
25 registered interest in the agreement land;
(b) if the agreement is entered into by a lessee of
freehold land or Crown land, by the written
consent of each person who has a registered
interest in the freehold land or Crown land that
30 is the subject of the lease; and
page 19
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
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Part 5 Transfer of Land Act 1893
s. 14
(c) by the prescribed fee.
(3) If the agreement is entered into by a lessee of Crown
land, the agreement shall not be registered unless there
is compliance with section 18 of the Land
5 Administration Act 1997.
104O. Extension of plantation interest
(1) A plantation interest may be extended by an instrument
of extension in an approved form that sets out the term
of the extension and the conditions (if any) on which
10 the extension is made, and that is signed by each
proprietor of --
(a) the plantation interest; and
(b) the relevant agreement land.
(2) An instrument of extension of a plantation interest --
15 (a) may be used to vary the provisions of the
relevant agreement if the Registrar is satisfied
that the agreement if varied as proposed would
continue to comply with section 6(1) of the
Tree Plantation Agreements Act 2002; and
20 (b) shall not be used to effect a change to --
(i) the proprietors of the plantation interest
or the relevant agreement land; or
(ii) the area of the relevant agreement land
to which the plantation interest applies.
25 (3) An instrument of extension of a plantation interest shall
not be registered unless it is accompanied by --
(a) the written consent of --
(i) each person who has a registered
interest in the relevant agreement land;
page 20
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
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Transfer of Land Act 1893 Part 5
s. 14
(ii) if the relevant agreement was entered
into by a lessee of freehold land or
Crown land --
(I) each person who is a proprietor
5 of the freehold land or Crown
land that is the subject of the
lease; and
(II) each person who has a
registered interest in the
10 freehold land or Crown land
the subject of the lease that was
registered subsequent to the
registration of the relevant
agreement;
15 and
(iii) each person who has a registered
interest in the plantation interest;
and
(b) the prescribed fee.
20 (4) Subsection (3) does not require the written consent of a
person whose signature to an instrument of extension
of a plantation interest is required under
subsection (1)(a) or (b).
(5) If an agreement is entered into by a lessee of Crown
25 land, an instrument of extension of the plantation
interest that is the subject of the agreement is not to be
registered unless there is compliance with section 18 of
the Land Administration Act 1997.
104P. Variation of agreement
30 (1) The provisions of an agreement may be varied by an
instrument of variation in an approved form that sets
out the variations and the conditions (if any) on which
page 21
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
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Part 5 Transfer of Land Act 1893
s. 14
the variations are made, and that is signed by each
proprietor of --
(a) the plantation interest that is the subject of the
agreement; and
5 (b) the agreement land.
(2) An instrument of variation of an agreement --
(a) may be used to vary the provisions of the
agreement if the Registrar is satisfied that the
agreement if varied as proposed would continue
10 to comply with section 6(1) of the Tree
Plantation Agreements Act 2002; and
(b) shall not be used to effect --
(i) a change to the proprietors of a
plantation interest or the relevant
15 agreement land;
(ii) a change to the area of the agreement
land to which the plantation interest that
is the subject of the agreement applies;
or
20 (iii) an extension or other change to the term
of a plantation interest.
(3) An instrument of variation of an agreement shall not be
registered unless it is accompanied by --
(a) the written consent of --
25 (i) each person who has a registered
interest in the agreement land;
(ii) if the agreement was entered into by a
lessee of freehold land or Crown
land --
30 (I) each person who is a proprietor
of the freehold land or Crown
page 22
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
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Transfer of Land Act 1893 Part 5
s. 14
land that is the subject of the
lease; and
(II) each person who has a
registered interest in the
5 freehold land or Crown land
the subject of the lease that was
registered subsequent to the
registration of the agreement;
and
10 (iii) each person who has a registered
interest in the plantation interest that is
the subject of the agreement;
and
(c) the prescribed fee.
15 (4) Subsection (3) does not require the written consent of a
person whose signature to an instrument of variation of
an agreement is required under subsection (1)(a) or (b).
(5) If an agreement is entered into by a lessee of Crown
land, an instrument of variation of the agreement shall
20 not be registered unless there is compliance with
section 18 of the Land Administration Act 1997.
104Q. Transfer of plantation interests
(1) The requirements of subsections (2) and (3) are in
addition to the requirements of Part IV Division 1 and
25 any other provision of this Act relevant to the transfer
of land or an interest in land.
(2) A plantation interest can only be transferred in relation
to the whole of the area of the relevant agreement land.
(3) If a plantation interest is registered in respect of Crown
30 land, a transfer of the plantation interest shall not be
page 23
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Part 5 Transfer of Land Act 1893
s. 14
registered unless there is compliance with section 18 of
the Land Administration Act 1997.
104R. Mortgage of plantation interests
(1) The requirements of subsection (2) are in addition to
5 the requirements of Part IV Division 3 and any other
provision of this Act relevant to the mortgage of land.
(2) If a plantation interest is registered in respect of Crown
land, a mortgage of the plantation interest shall not be
registered unless there is compliance with section 18 of
10 the Land Administration Act 1997.
104S. Surrender of plantation interests
(1) A plantation interest may be wholly or partially
surrendered by an instrument of surrender in an
approved form that is signed by each proprietor of --
15 (a) the plantation interest; and
(b) the agreement land.
(2) An instrument of surrender of a plantation interest shall
not be registered unless --
(a) the following have been surrendered,
20 discharged or withdrawn --
(i) each registered interest in the plantation
interest or the part of the plantation
interest to be surrendered;
(ii) any caveat lodged in respect of the
25 plantation interest or the part of the
plantation interest to be surrendered;
and
(b) the instrument is accompanied by the
prescribed fee.
page 24
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Transfer of Land Act 1893 Part 5
s. 15
(3) If an agreement is entered into by a lessee of Crown
land, an instrument of surrender of the plantation
interest that is the subject of the agreement shall not be
registered unless there is compliance with section 18 of
5 the Land Administration Act 1997.
".
15. Section 110 amended
Section 110 is amended by inserting after "lease" --
" , carbon right, carbon covenant, plantation interest ".
10 16. Section 129A amended
Section 129A(1) is amended as follows:
(a) by deleting "or charge" and inserting instead --
"
, charge, carbon right, carbon covenant or plantation
15 interest
";
(b) by deleting "or annuitant" and inserting instead --
"
, annuitant, or proprietor of the carbon right, carbon
20 covenant or plantation interest
".
17. Section 137 amended
(1) Section 137 is amended before "Any" by inserting the
subsection designation "(1)".
25 (2) At the end of section 137 the following subsection is inserted --
"
(2) A person claiming an interest in a proposed carbon
right, carbon covenant or plantation interest may,
before the relevant carbon right form, carbon covenant
page 25
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Part 5 Transfer of Land Act 1893
s. 18
form or tree plantation agreement is registered, lodge a
caveat under subsection (1) as if the person were
claiming an interest in land.
".
5 18. Section 174 amended
Section 174 is amended by inserting after "of," --
" or proprietors of carbon rights or plantation interests in, ".
19. Section 180 amended
Section 180 is amended by deleting "lease mortgage charge or
10 other dealing or any discharge from any mortgage or charge"
and inserting instead --
"
, lease, mortgage, charge, carbon right, carbon
covenant, tree plantation agreement or other dealing or
15 any discharge from any mortgage or charge or any
surrender of a carbon right, carbon covenant or
plantation interest
".
20. Section 228 amended
20 Section 228 is amended as follows:
(a) by deleting "mortgage or charge" and inserting
instead --
"
, mortgage, charge, carbon right, carbon covenant or
25 plantation interest
";
(b) by deleting "or annuitant" and inserting instead --
"
, annuitant, or proprietor of the carbon right, carbon
30 covenant or plantation interest
".
page 26
Acts Amendment (Carbon Rights and Tree Plantation Agreements)
Bill 2002
Transfer of Land Act 1893 Part 5
s. 21
21. Section 242 amended
Section 242(4) is amended in the definition of "registered
disposition" by deleting "or charge" and inserting instead --
"
5 , charge, carbon right, carbon covenant or tree
plantation agreement
".
page 27
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