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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Tree Plantation Agreements Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
4. Application of Act 3
Part 2 -- Tree plantation agreements
5. Entering into agreements 4
6. Contents and formalities of agreements 4
Part 3 -- Registered tree plantation
agreements
7. Interest in land (plantation interest) created on
registration of agreement 6
8. Dealings in plantation interests 6
9. Obligations etc. under registered agreements run with
the land 7
10. Plantation interests: other legal effects 7
11. Registration of surrender of plantation interests: effect 7
Part 4 -- Miscellaneous
12. No contracting out 8
13. Regulations 8
page i
118 -- 2
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Tree Plantation Agreements Bill 2002
A Bill for
An Act to provide for the making and effect of certain agreements,
and for the creation and effect of certain interests in land, in relation
to tree plantations, and for related matters.
The Parliament of Western Australia enacts as follows:
page 1
Tree Plantation Agreements Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the 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.
3. Definitions
In this Act --
10 "agreement" means an agreement that complies with
section 6(1);
"agreement land", in relation to an agreement, means the land
(including a leasehold interest) that is described under
section 6(1)(e) as the subject of the agreement and, where
15 relevant, identified under section 6(1)(f);
"Crown land" has the same meaning as it has in the Land
Administration Act 1997;
"owner", in relation to freehold land, means a person whose
name is registered as a proprietor of the freehold land;
20 "plantation" means one or more groups of planted trees;
"plantation interest" means the interest in land referred to in
section 7(1)(a);
"product", in relation to a tree in a plantation, includes the
whole tree, a part of the tree or a thing produced by the tree
25 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 2
Tree Plantation Agreements Bill 2002
Preliminary Part 1
s. 4
"registered" --
(a) in relation to land that is under the operation of the
Transfer of Land Act 1893, means registered under
that Act; and
5 (b) in relation to land that is subject to the Registration of
Deeds Act 1856, means registered under that Act;
"Registrar" --
(a) in relation to land that is under the operation of the
Transfer of Land Act 1893, means the Registrar of
10 Titles; and
(b) in relation to land that is subject to the Registration of
Deeds Act 1856, means the Registrar of Deeds;
"tree" means a perennial plant having one or more woody,
self-supporting trunks and includes a tree seedling and a
15 sapling.
4. Application of Act
(1) This Act does not apply in relation to the management,
harvesting or sale of forest products as defined by the Forest
Products Act 2000 on public land as defined by that Act, except
20 to the extent to which section 5 provides.
(2) Nothing in this Act --
(a) is to be read as giving the Forest Products Commission
or the Executive Director of the Department of
Conservation and Land Management the power to enter
25 into an agreement under this Act; or
(b) affects the respective powers that the Forest Products
Commission or the Executive Director of the
Department of Conservation and Land Management has
in relation to a timber sharefarming agreement as
30 defined in the Forest Products Act 2000 or the
Conservation and Land Management Act 1984.
page 3
Tree Plantation Agreements Bill 2002
Part 2 Tree plantation agreements
s. 5
Part 2 -- Tree plantation agreements
5. Entering into agreements
(1) An owner of freehold land, a lessee of freehold land or a lessee
of Crown land may enter into an agreement with another person
5 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.
(3) Nothing in subsection (1) affects the operation of section 106 or
109 of the Land Administration Act 1997.
15 6. Contents and formalities of agreements
(1) An agreement must --
(a) be in writing;
(b) state that it is an agreement under this Act;
(c) provide for a thing referred to in section 5(1) to be done;
20 (d) specify --
(i) the day on which the agreement commences; and
(ii) the term of the agreement;
(e) contain the land description for the freehold land,
leasehold interest or Crown land that is the subject of the
25 agreement; and
(f) identify, if the agreement is to be in respect of part only
of the land referred to in paragraph (e), by way of words
or a sketch, the part of the land that is the subject of the
agreement.
page 4
Tree Plantation Agreements Bill 2002
Tree plantation agreements Part 2
s. 6
(2) Subject to subsection (1), an agreement may contain any
provisions the parties agree to include.
(3) An agreement entered into by a lessee of Crown land is of no
effect unless section 18 of the Land Administration Act 1997 has
5 been complied with.
(4) If a right of exclusive possession is conferred under an
agreement, the agreement is not to be treated as a lease.
(5) An agreement is not a lease or licence to use or occupy land or a
subdivision of land to which section 20 of the Town Planning
10 and Development Act 1928 applies.
page 5
Tree Plantation Agreements Bill 2002
Part 3 Registered tree plantation agreements
s. 7
Part 3 -- Registered tree plantation agreements
7. Interest in land (plantation interest) created on registration
of agreement
(1) When an agreement is registered --
5 (a) the property in the trees in a plantation that is the subject
of the agreement becomes a separate interest, to be
called a "plantation 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)(a) 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.
Note: the definition of "land" in the Transfer of Land Act 1893 includes
hereditaments in freehold and Crown land.
8. Dealings in plantation interests
20 (1) A plantation interest can be --
(a) dealt with as a separate interest in the relevant
agreement land, except that it cannot be varied;
(b) the subject of a caveat or process of execution.
(2) The operation of subsection (1) in relation to land under the
25 operation of the Transfer of Land Act 1893 is subject to --
(a) Part IV Division 2B of that Act; and
(b) any provision of that Act that applies by virtue of a
plantation interest being --
(i) a separate interest in land;
page 6
Tree Plantation Agreements Bill 2002
Registered tree plantation agreements Part 3
s. 9
(ii) land within the meaning of that Act;
(iii) an encumbrance; or
(iv) otherwise referred to in that Act.
9. Obligations etc. under registered agreements run with the
5 land
The rights, obligations (including positive covenants) and
restrictions that bind the owner or lessee of the agreement land
under a registered agreement also burden, attach to, and run
with, the agreement land, except to the extent that the agreement
10 provides otherwise.
10. Plantation interests: other legal effects
(1) Without limiting section 6(4), a plantation interest does not
confer any right of possession.
(2) A plantation interest is not a lease or licence to use or occupy
15 land or a subdivision of land to which section 20 of the Town
Planning and Development Act 1928 applies.
11. Registration of surrender of plantation interests: effect
(1) When a surrender of the whole of a plantation interest is
registered, all rights, obligations and restrictions under the
20 relevant agreement cease to have effect, except to the extent that
the agreement provides otherwise.
(2) When a surrender of part of a plantation interest is registered, all
rights, obligations and restrictions under the relevant agreement
cease to have effect in respect of the surrendered part, except to
25 the extent that the agreement provides otherwise.
page 7
Tree Plantation Agreements Bill 2002
Part 4 Miscellaneous
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 $5 000.
page 8
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