TRANSFER OF LAND ACT 1893 - SECT 104O
TRANSFER OF LAND ACT 1893 - SECT 104O
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
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 —
(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 2003 ; and
(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.
(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; and
(ii)
if the relevant agreement was entered into by a lessee of
freehold land or Crown land —
(I) each person who is a proprietor 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 freehold land or Crown land the subject of
the lease that was registered subsequent to the registration of the relevant
agreement;
and
(iii)
each person who has a registered interest in the
plantation interest;
and
(b) the
prescribed fee.
(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 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 .
[Section 104O inserted: No. 56 of 2003 s. 14.]