TRANSFER OF LAND ACT 1893 - SECT 104P

TRANSFER OF LAND ACT 1893 - SECT 104P

104P .         Variation of agreement

        (1)         The provisions of an agreement may be varied by an instrument of variation in an approved form that sets out the variations and the conditions (if any) on which the variations are made, and that is signed by each proprietor of —

            (a)         the plantation interest that is the subject of the agreement; and

            (b)         the agreement land.

        (2)         An instrument of variation of an agreement —

            (a)         may be used to vary the provisions of the 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 —

                  (i)         a change to the proprietors of a plantation interest or the relevant agreement land; or

                  (ii)         a change to the area of the agreement land to which the plantation interest that is the subject of the agreement applies; or

                  (iii)         an extension or other change to the term of a plantation interest.

        (3)         An instrument of variation of an agreement shall not be registered unless it is accompanied by —

            (a)         the written consent of —

                  (i)         each person who has a registered interest in the agreement land; and

                  (ii)         if the 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 agreement;

                and

                  (iii)         each person who has a registered interest in the plantation interest that is the subject of the agreement;

                and

            (b)         the prescribed fee.

        (4)         Subsection (3) does not require the written consent of a person whose signature to an instrument of variation of an agreement is required under subsection (1)(a) or (b).

        (5)         If an agreement is entered into by a lessee of Crown land, an instrument of variation of the agreement shall not be registered unless there is compliance with section 18 of the Land Administration Act 1997 .

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