Schedule 1 Amendment of Crown Lands Act 1989 No 6
(Section 3)
Insert after Division 5:Division 5A Carbon sequestration and related forestry rights
In this Division:carbon sequestration right and forestry right have the same meanings as in section 87A of the Conveyancing Act 1919.
Note. A forestry right is defined in section 87A of the Conveyancing Act 1919 to include a carbon sequestration right in relation to land (carbon sequestration being the process by which a tree or forest absorbs carbon dioxide from the atmosphere). This Division applies to a forestry right only to the extent that it consists in whole or in part of a carbon sequestration right.A forestry right is, for all purposes, taken to be a profit à prendre (see section 88AB of the Conveyancing Act 1919).
Crown land includes any land dedicated under this Act for a public purpose.
(1) This Division applies only in relation to the granting and creation of a forestry right to the extent that it consists in whole or in part of a carbon sequestration right.(2) Nothing in this Division limits the power of the Minister to otherwise deal with Crown land.59C Granting and creation of carbon sequestration and related forestry rights
(1) The Minister may, on such terms and conditions as the Minister determines, grant a forestry right in respect of Crown land.(2) In the case of a Crown reserve, the provisions of section 34A apply to and in respect of the granting by the Minister of a forestry right in respect of the reserve as if the forestry right were a relevant interest as referred to in that section.(3) In the case of Crown land that is the subject of a perpetual lease, the Minister may, on such terms and conditions as the Minister determines, consent to the lessee granting a forestry right in respect of the land the subject of the lease.(4) The lessee of any land that is the subject of a perpetual lease may, with the consent of the Minister under subsection (3), grant a forestry right in respect of the land on such terms and conditions as the Minister determines.(5) A forestry right referred to in this section:(a) is, in the case of land that is subject to the provisions of the Real Property Act 1900, created in the way provided in that Act or in section 88B of the Conveyancing Act 1919, or(b) is, in the case of land that is not subject to the provisions of the Real Property Act 1900, created:(i) in the way provided in section 88B of the Conveyancing Act 1919, or(ii) if the Minister so consents, by instrument registered in the General Register of Deeds, or(iii) by notification in the Gazette (except in the case of a forestry right granted by a perpetual lessee).(6) Without limiting the terms and conditions that may be determined by the Minister under this section, any such terms and conditions may restrict any dealings in the forestry right concerned.(7) The Minister may not grant a forestry right in respect of Crown land unless the Minister is satisfied that any lessee of the land has consented to the forestry right being granted.(8) Before granting a forestry right in respect of Crown land that is Crown-timber land within the meaning of the Forestry Act 1916 (or before consenting to the granting of any such forestry right), the Minister must consult the Minister administering the Forestry Act 1916.Note. In the case of Crown-timber land that is a State forest or timber reserve, it is the Forestry Commission that may grant a forestry right in respect of the land.(9) Without limiting the operation of Division 4 of Part 6 of the Conveyancing Act 1919, restrictions on the use of land and covenants may, in accordance with that Division, be imposed on Crown land that is the subject of a forestry right granted under this section.