TRANSFER OF LAND ACT 1893 - SECT 104D

TRANSFER OF LAND ACT 1893 - SECT 104D

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 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 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 unless there is compliance with section 18 of the Land Administration Act 1997 .

        [Section 104D inserted: No. 56 of 2003 s. 14.]