Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Tree Plantation Agreements Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Application of Act 3
Part 2 -- Making tree plantation agreements
5. Purpose of agreements 5
6. Contents and formalities 5
7. Consents required 5
Part 3 -- Effect of registered tree
plantation agreements
8. Interest in land created on registration 7
9. Dealings in plantation interests 7
10. Obligations and restrictions run with the land 8
11. Other legal effects as to plantation interests 8
Part 4 -- Miscellaneous
12. No contracting out 9
13. Regulations 9
14. Amendments to other Acts 9
Schedule 1 -- Amendments to other Acts
Division 1 -- Agriculture and Related Resources
Protection Act 1976
1. Section 7 amended 10
page i
140--1
Tree Plantation Agreements Bill 2000
Contents
Division 2 -- Transfer of Land Act 1893
2. Transfer of Land Act 1893 amended 10
3. Section 4 amended 10
4. Section 65 amended 11
5. Section 91 amended 12
6. Part IV, Division 2A inserted 12
7. Section 110 amended 17
8. Section 111 amended 17
9. Section 129A amended 18
10. Section 137 amended 18
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Tree Plantation Agreements Bill 2000
A Bill for
An Act to provide for the making and effect of certain agreements in
relation to tree plantations and for related matters and to
consequentially amend the --
· Agriculture and Related Resources Protection Act 1976; and
· Transfer of Land Act 1893.
The Parliament of Western Australia enacts as follows:
page 1
Tree Plantation Agreements Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Tree Plantation Agreements Act
2000.
5 2. Commencement
(1) Subject to subsection (2), this Act comes into operation on a day
fixed by proclamation.
(2) This Act is not to come into operation before the Forest
Products Act 2000 has come into operation.
10 3. Interpretation
In this Act --
"agreement" means an agreement that complies with
section 6(1) and includes, where the context so requires, an
agreement as varied by an instrument of variation that is
15 registered under section 104D of the TLA;
"agreement land", in relation to an agreement, means the land
described under section 6(1)(e) as the subject of the
agreement;
"Crown land" has the same meaning as it has in the Land
20 Administration Act 1997;
"owner", in relation to freehold land, means a person whose
name is registered as a proprietor of the freehold land;
"pastoral lessee" has the same meaning as it has in the Land
Administration Act 1997;
25 "plantation" means one or more groups of planted (not
naturally occurring) trees;
page 2
Tree Plantation Agreements Bill 2000
Preliminary Part 1
s. 4
"plantation interest" means the interest in land referred to in
section 8(1)(a) and includes, where the context so requires,
a plantation interest extended by an instrument of extension
that is registered under section 104C of the TLA;
5 "product", in relation to a tree, includes the whole 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;
10 "Register" has the same meaning as it has in the TLA;
"registered" --
(a) in relation to freehold land or Crown land that is
under the operation of the TLA, means registered
under that Act; and
15 (b) in relation to land that is subject to the Registration of
Deeds Act 1856, means registered under that Act;
"Registrar" means the Registrar of Titles or the Registrar of
Deeds, as is relevant to the case;
"TLA" means the Transfer of Land Act 1893;
20 "tree" means a perennial plant having one or more woody,
self-supporting trunks and includes a tree seedling and a
sapling.
4. Application of Act
(1) This Act does not apply in relation to the management,
25 harvesting or sale of forest products as defined by the Forest
Products Act 2000 on public land as defined by that Act, except
to the extent to which section 5 provides.
(2) Nothing in this Act --
(a) is to be read as giving the Forest Products Commission
30 or the Executive Director of the Department of
Conservation the power to enter into an agreement under
this Act; or
page 3
Tree Plantation Agreements Bill 2000
Part 1 Preliminary
s. 4
(b) affects the respective powers that the Forest Products
Commission or the Executive Director of the
Department of Conservation has in relation to a timber
share farming agreement as defined in the Forest
5 Products Act 2000 or the Conservation and Land
Management Act 1984.
page 4
Tree Plantation Agreements Bill 2000
Making tree plantation agreements Part 2
s. 5
Part 2 -- Making tree plantation agreements
5. Purpose of agreements
(1) An owner of freehold land, a lessee of freehold land or a lessee
of Crown land (other than a pastoral lessee) may enter into an
5 agreement with another person by which that person agrees to
do one or more of the following things on the land --
(a) establish a plantation;
(b) maintain a plantation;
(c) harvest products from a plantation.
10 (2) An agreement may be made in relation to the matters referred to
in subsection (1)(b) or (c) even if the plantation does not exist at
the time the agreement is made.
6. Contents and formalities
(1) An agreement must --
15 (a) be in writing;
(b) state that it is an agreement for the purposes of this Act;
(c) provide for a thing referred to in section 5(1) to be done;
(d) specify the day on which the agreement commences and
the day on which the agreement expires; and
20 (e) describe the land that is the subject of the agreement and
identify, whether by way of words or a sketch, the
portion of the agreement land that is allocated to the
plantation or proposed plantation.
(2) Subject to subsection (1), an agreement may contain any
25 provisions the parties agree to include.
7. Consents required
(1) An agreement entered into by a lessee of freehold land is of no
effect unless the registered proprietor of the freehold interest in
page 5
Tree Plantation Agreements Bill 2000
Part 2 Making tree plantation agreements
s. 7
the agreement land has given written consent to the creation of
the plantation interest that is the subject of the agreement.
(2) An agreement entered into by a lessee of Crown land is of no
effect unless section 18 of the Land Administration Act 1997
5 has been complied with.
page 6
Tree Plantation Agreements Bill 2000
Effect of registered tree plantation agreements Part 3
s. 8
Part 3 -- Effect of registered tree
plantation agreements
8. Interest in land created on registration
(1) On registration of an agreement --
5 (a) the property in the trees in a plantation that is the subject
of the agreement becomes a separate interest in the
agreement land; and
(b) the proprietor of a plantation interest under the
agreement is each person who is registered as a
10 proprietor of that interest.
(2) Subsection (1) applies even though the trees are affixed to the
agreement land.
(3) A plantation interest is, in relation to the relevant agreement
land --
15 (a) a hereditament; and
(b) an encumbrance.
9. Dealings in plantation interests
(1) A plantation interest can be --
(a) transferred, devised, or extended;
20 (b) mortgaged or otherwise used as a security; or
(c) the subject of a caveat or process of execution,
and otherwise dealt with as a separate interest in the agreement
land.
(2) A plantation agreement can be varied.
25 (3) A plantation interest and the relevant agreement can be
surrendered.
page 7
Tree Plantation Agreements Bill 2000
Part 3 Effect of registered tree plantation agreements
s. 10
10. Obligations and restrictions run with the land
The obligations (including positive covenants) and restrictions
that bind the owner or lessee of the agreement land under a
registered agreement are binding also on that person's
5 successors in title, heirs, executors and administrators except to
the extent that the agreement otherwise provides.
11. Other legal effects as to plantation interests
(1) A plantation interest does not confer a right to exclusive
possession of --
10 (a) the relevant agreement land; or
(b) the portion of the relevant agreement land that is
allocated to the plantation or proposed plantation,
except to the extent that an agreement otherwise provides but, if
a right of exclusive possession is conferred under the
15 agreement, the agreement is not to be treated as a lease.
(2) A plantation interest is not a lease or licence to use or occupy
land or a subdivision of land to which section 20 of the Town
Planning and Development Act 1928 applies.
page 8
Tree Plantation Agreements Bill 2000
Miscellaneous Part 4
s. 12
Part 4 -- Miscellaneous
12. No contracting out
The provisions of this Act apply despite anything to the contrary
in an agreement.
5 13. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to this
Act.
10 (2) Regulations made under this Act may provide that
contravention of a regulation or a provision of a regulation
constitutes an offence and provide for penalties not exceeding
$10 000.
14. Amendments to other Acts
15 Amendments are made as set out in Schedule 1.
page 9
Tree Plantation Agreements Bill 2000
Schedule 1 Amendments to other Acts
Schedule 1 -- Amendments to other Acts
[s. 14]
Division 1 -- Agriculture and Related Resources Protection Act 1976
1. Section 7 amended
5 Section 7(1) of the Agriculture and Related Resources Protection
Act 1976* is amended in the definition of "occupier" by inserting
after "the land" --
"
, and a person who is the proprietor of a plantation
10 interest, as defined in the Tree Plantation
Agreements Act 2000, in relation to the land
".
[* Reprinted as at 15 October 1999.]
Division 2 -- Transfer of Land Act 1893
15 2. Transfer of Land Act 1893 amended
The amendments in this Division are to the Transfer of Land
Act 1893*.
[* Reprinted as at 23 July 1999.]
3. Section 4 amended
20 (1) Section 4(1) is amended in the definition of "Dealing" by inserting
after "Dealing" --
" , in relation to Crown land, ".
(2) Section 4(1) is amended by deleting the definition of "Instrument"
and inserting the following definition instead --
25 "
"Instrument" includes --
(a) a conveyance, assignment, transfer, lease,
sublease, mortgage or charge in relation to
freehold land;
page 10
Tree Plantation Agreements Bill 2000
Amendments to other Acts Schedule 1
(b) a document creating an easement, profit à
prendre or restrictive covenant;
(c) a tree plantation agreement;
(d) a transfer, mortgage, charge or other dealing
5 in relation to a plantation interest or profit à
prendre, an extension of a plantation interest,
a variation of a tree plantation agreement or
a surrender of a plantation interest and the
relevant tree plantation agreement;
10 (e) a document lodged with a plan or diagram
under Part IVA for the purpose of creating
an easement or restrictive covenant under
that Part in relation to freehold land; and
(f) a dealing in relation to Crown land.
15 ".
(3) 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
20 the Tree Plantation Agreements Act 2000.
".
(4) Section 4(1) is amended after the definition of "Transmission" by
inserting the following definition --
"
25 "Tree plantation agreement" means an agreement as
defined in the Tree Plantation Agreements
Act 2000.
".
4. Section 65 amended
30 (1) Section 65(1) is amended by inserting after "lease" in both places
where it occurs --
" , tree plantation agreement ".
page 11
Tree Plantation Agreements Bill 2000
Schedule 1 Amendments to other Acts
(2) Section 65(3)(a) is amended by inserting after "lease" --
" , tree plantation agreement ".
(3) Section 65(3) is amended by inserting after "lease," --
" tree plantation agreement, ".
5 5. Section 91 amended
Section 91 is amended as follows:
(a) by deleting "or charge" and inserting instead --
" , charge or plantation interest ";
(b) by deleting "or annuitant" in both places and inserting
10 instead --
" , annuitant or proprietor of a plantation interest ".
6. Part IV, Division 2A inserted
After section 104 the following Division is inserted in Part IV --
"
15 Division 2A -- Tree plantation agreements
104A. Definitions
In this Division --
"agreement" means a tree plantation agreement;
"agreement land" has the same meaning as it has in
20 the Tree Plantation Agreements Act 2000.
104B. Registration of tree plantation agreements
(1) A party to an agreement may lodge the agreement, in
an approved form and on payment of the prescribed
fee, for registration.
25 (2) An agreement lodged for registration shall be
accompanied --
page 12
Tree Plantation Agreements Bill 2000
Amendments to other Acts Schedule 1
(a) by the written consent of each person who has a
registered interest in the agreement land; and
(b) if the agreement is entered into by a lessee of
freehold land, by the written consent of each
5 person who has a registered interest in the
freehold interest of the agreement land.
(3) If the agreement is entered into by a lessee of Crown
land, the agreement is not to be registered unless there
is compliance with section 18 of the Land
10 Administration Act 1997.
104C. Extensions of plantation interests
(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
15 the extension is made and that is signed by --
(a) each person who is registered as a proprietor of
the plantation interest; and
(b) either --
(i) each person who is an owner of the
20 agreement land (if the relevant
agreement was entered into by an owner
of the agreement land); or
(ii) each person who is a lessee of the
agreement land (if the relevant
25 agreement was entered into by a lessee
of the agreement land).
(2) An instrument of extension is not to be registered
unless --
(a) the written consent to the instrument is lodged
30 on behalf of the following persons --
(i) each person who has an interest in the
agreement land that was registered
page 13
Tree Plantation Agreements Bill 2000
Schedule 1 Amendments to other Acts
subsequent to the registration of the
relevant agreement;
(ii) if the relevant agreement was entered
into by a lessee of freehold land, each
5 person who has an interest in the
freehold interest of the agreement land
that was registered subsequent to the
registration of the relevant agreement;
and
10 (iii) each person who has a registered
interest in the plantation interest;
(b) if the agreement was entered into by a lessee of
Crown land, there is compliance with
section 18 of the Land Administration Act 1997
15 in relation to the extension; and
(c) the instrument is accompanied by the
prescribed fee.
(3) An instrument of extension --
(a) may be used to vary the provisions of the
20 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 2000;
(b) cannot be used to effect a change to the parties
25 to an agreement or a change to the area of a
plantation that is the subject of an agreement.
104D. Variation of agreements
(1) The provisions of an agreement may be varied by an
instrument of variation in an approved form that sets
30 out the variations and the conditions (if any) on which
the variations are made and that is signed by --
(a) each person who is registered as a proprietor of
the plantation interest; and
page 14
Tree Plantation Agreements Bill 2000
Amendments to other Acts Schedule 1
(b) either --
(i) each person who is an owner of the
agreement land (if the relevant
agreement was entered into by an owner
5 of the agreement land); or
(ii) each person who is a lessee of the
agreement land (if the relevant
agreement was entered into by a lessee
of the agreement land).
10 (2) An instrument of variation is not to be registered
unless --
(a) the written consent to the instrument is lodged
on behalf of the following persons --
(i) each person who has an interest in the
15 agreement land that was registered
subsequent to the registration of the
relevant agreement;
(ii) if the relevant agreement was entered
into by a lessee of freehold land, each
20 person who has an interest in the
freehold interest of the agreement land
that was registered subsequent to the
registration of the relevant agreement;
and
25 (iii) each person who has a registered
interest in the plantation interest;
(b) the Registrar is satisfied that the agreement if
varied as proposed would continue to comply
with section 6(1) of the Tree Plantation
30 Agreements Act 2000;
(c) in the case where the agreement was entered
into by a lessee of Crown land, there is
compliance with section 18 of the Land
page 15
Tree Plantation Agreements Bill 2000
Schedule 1 Amendments to other Acts
Administration Act 1997 in relation to the
variation; and
(d) the instrument is accompanied by the
prescribed fee.
5 (3) A variation instrument cannot be used to effect a
change to the parties to an agreement, a change to the
area of a plantation that is the subject of an agreement
or an extension or other change to the term of a
plantation interest.
10 104E. Surrender of plantation interests and agreements
(1) A plantation interest and the relevant agreement may
be wholly or partially surrendered by an instrument of
surrender in an approved form that is signed by --
(a) each person who is registered as a proprietor of
15 the plantation interest; and
(b) either --
(i) each person who is an owner of the
agreement land (if the relevant
agreement was entered into by an owner
20 of the agreement land); or
(ii) each person who is a lessee of the
agreement land (if the relevant
agreement was entered into by a lessee
of the agreement land).
25 (2) An instrument of surrender is not to be registered
unless --
(a) each registered interest in the plantation interest
and caveat lodged in respect of the plantation
interest has been surrendered, discharged or
30 withdrawn;
(b) in the case where the agreement was entered
into by a lessee of Crown land, there is
page 16
Tree Plantation Agreements Bill 2000
Amendments to other Acts Schedule 1
compliance with section 18 of the Land
Administration Act 1997 in relation to the
surrender; and
(c) the instrument is accompanied by the
5 prescribed fee.
".
7. Section 110 amended
(1) Section 110 is amended before "Subject" by inserting the subsection
designation "(1)".
10 (2) At the end of section 110 the following subsection is inserted --
"
(2) Where subsection (1) applies to the sale of an estate or
interest in land other than a plantation interest, that
subsection is to be read as if after "excepting", there
15 appeared "a plantation interest,".
".
8. Section 111 amended
(1) Section 111 is amended before "Subject" by inserting the subsection
designation "(1)".
20 (2) At the end of section 111 the following subsection is inserted --
"
(2) Nothing in subsection (1) enables a mortgagee or
annuitant or transferee whose estate or interest in land
is other than in respect of a plantation interest to take
25 the action referred to in that subsection in respect of a
plantation interest to which the mortgagee or annuitant
or transferee has consented in writing.
".
page 17
Tree Plantation Agreements Bill 2000
Schedule 1 Amendments to other Acts
9. Section 129A amended
Section 129A(1) is amended as follows:
(a) by deleting "or charge" and inserting instead --
" , charge or plantation interest ";
5 (b) by deleting "or annuitant" and inserting instead --
" , annuitant or proprietor of the plantation interest ".
10. Section 137 amended
(1) Section 137 is amended before "Any" by inserting the subsection
designation "(1)".
10 (2) At the end of section 137 the following subsection is inserted --
"
(2) A party to a tree plantation agreement may, before the
agreement is registered, lodge a caveat under
subsection (1) as if the party were claiming an interest
15 in the land that is the subject of the agreement and, in
addition to the requirements of subsection (1), a copy
of the agreement must be lodged with the caveat.
".
page 18
Tree Plantation Agreements Bill 2000
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
agreement ........................................................................................................ 3
agreement land................................................................................................. 3
Crown land ...................................................................................................... 3
owner............................................................................................................... 3
pastoral lessee .................................................................................................. 3
plantation ......................................................................................................... 3
plantation interest ............................................................................................. 3
product............................................................................................................. 3
Register............................................................................................................ 3
registered ......................................................................................................... 3
Registrar .......................................................................................................... 3
TLA................................................................................................................. 3
tree................................................................................................................... 3
page 19
[Index] [Search] [Download] [Related Items] [Help]