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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.]