Schedule 2 Amendment of Western Lands Act 1901 No 70

(Section 3)

[1]   Section 18G Dealings in leased land

Insert after section 18G (6):

  

(7)  Land held under a lease under this Act may not be transferred or conveyed for the purpose of creating a forestry right (within the meaning of section 87A of the Conveyancing Act 1919) that consists in whole or in part of a carbon sequestration right otherwise than in accordance with Part 9D of this Act.

[2]   Section 18J Conditions attaching to leases: alteration by consent

Insert “or relating to the use of land for the purposes of carbon sequestration within the meaning of section 87A of the Conveyancing Act 1919” after “payable under the lease”.

[3]   Section 28A Granting of leases after 1989 amending Act

Insert after section 28A (1) (e):

  

(e1)  the use of land for the purposes of carbon sequestration within the meaning of section 87A of the Conveyancing Act 1919 (including for plantation purposes), or for any such purpose combined with any one or more of the other purposes referred to in this subsection, or

[4]   Part 9D

Insert after Part 9C:

  

Part 9D Carbon sequestration and related forestry rights

35V   Definitions

In this Part:

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 Part 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).

35W   Application of Part

This Part applies only in relation to the granting or creation of a forestry right to the extent that it consists in whole or in part of a carbon sequestration right.

35X   Granting and creation of forestry rights in respect of land held under lease

(1)  The Minister may:

(a)  on application made in the approved form, and

(b)  on such terms and conditions as the Minister determines,

      grant a forestry right in respect of land held under a lease, but only with the consent of the lessee of that land.

(2)  In the case of land that is the subject of a lease in perpetuity, 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.

(3)  The lessee of any land that is the subject of a lease in perpetuity may, with the consent of the Minister under subsection (2), grant a forestry right in respect of the land on such terms and conditions as the Minister determines.

(4)  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).

(5)  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.

(6)  Before granting a forestry right in respect of 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.

(7)  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 land that is the subject of a forestry right granted under this section.

[5]   Schedule 2 Applicable provisions of the Crown Lands Act 1989

Insert after the matter relating to Division 5 of Part 4:

  

Division 5A (Carbon sequestration and related forestry rights)—the whole Division except in relation to land that is the subject of a lease under the Western Lands Act 1901.