Western Australian Consolidated Acts

CONSERVATION AND LAND MANAGEMENT ACT 1984 - SECT 34B

34B .         Timber sharefarming agreements

        (1)         The powers of the CEO include power to enter into, or enter into and carry out, whether as a principal or an agent, a timber sharefarming agreement in respect of any land with the owner of that land.

        (2)         For the purposes of this section a timber sharefarming agreement is an agreement —

            (a)         by which the right to harvest a crop of trees on land is acquired by a person through the CEO acting as an agent and the right to establish and maintain, or the right to maintain, the crop may be acquired —

                  (i)         by the CEO;

                  (ii)         by another person through the CEO acting as an agent; or

                  (iii)         by the CEO and by another person through the CEO acting as an agent;

                and

            (b)         which provides for rights, obligations and powers relating to —

                  (i)         payment of money or the giving of other consideration by the parties to the agreement; and

                  (ii)         access to the land and, where appropriate, the undertaking of work or the provision of facilities on the land by those parties,

                and may provide for rights, obligations and powers relating to the division of the crop or the proceeds of the crop between parties to the agreement (other than the CEO).

        (2a)         A timber sharefarming agreement may also contain other matters in addition to those referred to in subsection (2).

        (2b)         The references in subsection (2)(a) to the harvesting of a crop of trees include reference to the harvesting of forest produce from the crop, and the references in subsection (2)(b) to the crop include reference to forest produce from the crop.

        (3)         The CEO shall not enter into any agreement under this section with the lessee or licensee of any land unless the owner of the freehold, and any person occupying the land with the consent of the owner of the freehold, has given approval in writing to the agreement.

        (4)         The right acquired as referred to in subsection (2)(a) is a profit a prendre and an interest in the land to which the right relates and, except as otherwise provided or permitted under this Act, has all the attributes of a profit a prendre including, but not limited to, assignability.

        (4a)         Subsection (4) has effect despite any rule of law or equity to the contrary and has effect even if the right acquired as referred to in subsection (2)(a) is accompanied by an obligation to exercise that right.

        (4b)         If the right acquired as referred to in subsection (2)(a) is assigned or otherwise disposed of —

            (a)         the CEO or other person assigning or disposing of the right is no longer required to carry out obligations under the timber sharefarming agreement;

            (b)         the timber sharefarming agreement continues to be a timber sharefarming agreement for the purposes of this section even if the person to whom the right passes is not the CEO and does not acquire the right through the CEO acting as an agent.

        (4c)         Without limiting subsection (4), a timber sharefarming agreement may be registered as a profit a prendre under the Transfer of Land Act 1893 .

        (5)         The obligations and restrictions that bind the owner of any land under a timber sharefarming agreement that is registered under the Transfer of Land Act 1893 are binding also on his heirs, executors, administrators and successors in title, except to the extent that the agreement otherwise provides.

        (6)         Where a timber sharefarming agreement in respect of any land is registered under the Transfer of Land Act 1893 and bears the written consent of a mortgagee or chargee of the land whose mortgage or charge was registered before the timber sharefarming agreement, the estate or interest of the owner of the land passing to and vesting in a purchaser on a sale by the mortgagee or chargee is subject to the timber sharefarming agreement.

        (6a)         The CEO may enter into a contract with any person for the doing by that person of anything that the CEO is authorised or required to do under a timber sharefarming agreement.

        (7)         A timber sharefarming agreement is not a lease or licence to which section 136 of the Planning and Development Act 2005 applies.

        (7a)         The CEO may exercise rights under or in relation to a timber sharefarming agreement.

        (8)         In subsections (1), (5) and (6) owner includes a lessee or licensee.

        [Section 34B inserted by No. 76 of 1988 s. 6; amended by No. 66 of 1992 s. 5; No. 49 of 1993 s. 6; No. 35 of 2000 s. 18; No. 38 of 2005 s. 15; No. 28 of 2006 s. 196 and 209.]