Forestry Rights Registration Act 1983

1: Short Title and commencement
1: This Act may be cited as the Forestry Rights Registration Act 1983.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 January 1984 clause 2 Forestry Rights Registration Act Commencement Order 1983 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— crop
a: a single crop of trees of 1 or more species:
b: multiple crops of trees of 1 or more species:
c: any planting of trees of 1 or more species having the same or different expected harvest dates forestry covenant Land Transfer Act 2017 forestry right forest sink covenant section 67Y holder land Land Transfer Act 2017 proprietor Land Act 1948 units section 4(1) Section 2 carbon sequestration repealed 26 September 2008 section 55(2) Climate Change Response (Emissions Trading) Amendment Act 2008 Section 2 crop inserted 30 March 1995 Forestry Rights Registration Amendment Act 1995 Section 2 forestry covenant amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2 forestry right substituted 3 June 1998 section 2(2) Forestry Rights Registration Amendment Act 1998 Section 2 forest sink repealed 26 September 2008 section 55(2) Climate Change Response (Emissions Trading) Amendment Act 2008 Section 2 forest sink covenant inserted 14 November 2006 section 32(1) Climate Change Response Amendment Act 2006 Section 2 grantor repealed 3 June 1998 section 2(1) Forestry Rights Registration Amendment Act 1998 Section 2 greenhouse gas repealed 26 September 2008 section 55(2) Climate Change Response (Emissions Trading) Amendment Act 2008 Section 2 holder inserted 3 June 1998 section 2(2) Forestry Rights Registration Amendment Act 1998 Section 2 land amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2 proprietor inserted 3 June 1998 section 2(2) Forestry Rights Registration Amendment Act 1998 Section 2 units inserted 14 November 2006 section 32(1) Climate Change Response Amendment Act 2006
2A: Creation of forestry rights
1: A forestry right may be created by the proprietor of land—
a: by creating in accordance with subsection (3); or
b: by granting to any other person; or
c: by reserving to the proprietor on the sale of the land,— the right to—
d: establish, maintain, and harvest; or
e: maintain and harvest,— a crop of trees on that land.
2: The forestry right may also—
a: grant or reserve rights of access and rights of construction and use of tracks, culverts, bridges, buildings, and other works and facilities if those rights are ancillary to and necessary for the purposes of subsection (1):
b: provide for charges, payments, royalties, or division of the crop or the proceeds of the crop including the right to receive and the obligation to surrender units whether or not such rights or provisions are coupled with an obligation.
3: Despite any enactment or rule of law, the proprietor may, in accordance with this section, create a forestry right for the proprietor.
4: No right created under this section is capable of conferring a right of exclusive possession of the land. Section 2A inserted 3 June 1998 section 3 Forestry Rights Registration Amendment Act 1998 Section 2A(2)﻿(b) amended 26 September 2008 section 55(3) Climate Change Response (Emissions Trading) Amendment Act 2008 Section 2A(2)﻿(b) amended 14 November 2006 section 32(2) Climate Change Response Amendment Act 2006
3: Forestry rights to be
profits à prendre
1: Notwithstanding any rule of law or equity to the contrary, every forestry right shall be deemed to be a profit à prendre
2: Every forestry right over any land may be registered under the Land Transfer Act 2017 section 7 profit à prendre
2A: Where a forestry right is created record of title has been issued under the Land Transfer Act 2017 section 5A
3: Every forestry right when executed by the parties signing the same shall have the force and effect of a deed. Section 3(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 3(2A) inserted 1 July 1994 section 2 Forestry Rights Registration Amendment Act 1994 Section 3(2A) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 3(2A) amended 3 June 1998 section 4(a) Forestry Rights Registration Amendment Act 1998
4: Forestry covenants
Notwithstanding any rule of law or equity to the contrary, every forestry covenant relating to any land of a covenantor or to any land capable of being bound by him by covenant shall, unless a contrary intention is expressed in the forestry right to which it relates or in any variation thereof, be binding on the heirs, executors, administrators, and assignees of the covenantor.
5: Plan requirements
1: For the purposes of the Land Transfer Act 2017 section 224 provided that no action shall lie against the Crown under subpart 3 section 224
2: The proprietor or holder section 224(4) proprietor and the holder grant or reservation
3: On the deposit of such plan as aforesaid the grant or reservation record of title Section 5(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(2) amended 3 June 1998 section 5(a) Forestry Rights Registration Amendment Act 1998 Section 5(2) amended 3 June 1998 section 5(b) Forestry Rights Registration Amendment Act 1998 Section 5(2) amended 3 June 1998 section 5(c) Forestry Rights Registration Amendment Act 1998 Section 5(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 5(3) amended 3 June 1998 section 5(d) Forestry Rights Registration Amendment Act 1998
5A: Registration of forestry rights over unregistered land
1: Where a forestry right is created record of title has been issued under the Land Transfer Act 2017
2: The Registrar-General of Land must, at the request of the holder, create a record of title for the forestry right.
3: No record of title may be issued unless a licensed cadastral surveyor certifies that the land to which that forestry right relates is within the boundaries of a parcel of land identified on a plan lodged in the office of the Surveyor-General or Registrar-General of Land.
4: Notwithstanding any rule of law or equity to the contrary, every forestry right registered under this section shall run with and bind the land to which it relates and shall be deemed to be an interest in land for the purposes of the Land Transfer Act 2017
5: Nothing in this section limits anything in section 5. Section 5A inserted 1 July 1994 section 3 Forestry Rights Registration Amendment Act 1994 Section 5A(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5A(1) amended 3 June 1998 section 6(a) Forestry Rights Registration Amendment Act 1998 Section 5A(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 5A(3) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 5A(4) amended 12 November 2018 section 250 Land Transfer Act 2017
6: Subdivisions and rights of way
For the purposes of the Resource Management Act 1991 creation proprietor proprietor creation section 348 the Local Government Act 1974 Section 6 amended 3 June 1998 section 7(a) Forestry Rights Registration Amendment Act 1998 Section 6 amended 3 June 1998 section 7(b) Forestry Rights Registration Amendment Act 1998 Section 6 amended 3 June 1998 section 7(c) Forestry Rights Registration Amendment Act 1998 Section 6 amended 23 July 1993 Forestry Rights Registration Amendment Act 1993 Section 6 amended 23 July 1993 Forestry Rights Registration Amendment Act 1993
7: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as are necessary or expedient for giving effect to the provisions of this Act and the due administration thereof.
2: Without limiting the general power to make regulations conferred by subsection (1), regulations may be made under this section prescribing such matters as are necessary or expedient for regulating the mode of registration and the form of forestry rights under the Land Transfer Act 2017
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 7(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Land Settlement Promotion and Land Acquisition Act 1952 not to apply
Section 8 repealed 1 February 2002 Overseas Investment Amendment Act 1998