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This is a Bill, not an Act. For current law, see the Acts databases.


TREE PLANTATION AGREEMENTS BILL 2000

                         Western Australia


      Tree Plantation Agreements Bill 2000

                             CONTENTS


                    Part 1 -- Preliminary
1.      Short title                                       2
2.      Commencement                                      2
3.      Interpretation                                    2
4.      Application of Act                                3
      Part 2 -- Making tree plantation agreements
5.      Purpose of agreements                             5
6.      Contents and formalities                          5
7.      Consents required                                 5
            Part 3 -- Effect of registered tree
                 plantation agreements
8.      Interest in land created on registration          7
9.      Dealings in plantation interests                  7
10.     Obligations and restrictions run with the land    8
11.     Other legal effects as to plantation interests    8
                   Part 4 -- Miscellaneous
12.     No contracting out                                9
13.     Regulations                                       9
14.     Amendments to other Acts                          9
       Schedule 1 -- Amendments to other Acts
        Division 1 -- Agriculture and Related Resources
                     Protection Act 1976
1.      Section 7 amended                                10



                                                         page i
                              140--1
Tree Plantation Agreements Bill 2000



Contents



               Division 2 -- Transfer of Land Act 1893
   2.      Transfer of Land Act 1893 amended            10
   3.      Section 4 amended                            10
   4.      Section 65 amended                           11
   5.      Section 91 amended                           12
   6.      Part IV, Division 2A inserted                12
   7.      Section 110 amended                          17
   8.      Section 111 amended                          17
   9.      Section 129A amended                         18
   10.     Section 137 amended                          18
                           Defined Terms




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



        Tree Plantation Agreements Bill 2000


                               A Bill for


An Act to provide for the making and effect of certain agreements in
relation to tree plantations and for related matters and to
consequentially amend the --
    •  Agriculture and Related Resources Protection Act 1976; and
    •  Transfer of Land Act 1893.



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Tree Plantation Agreements Bill 2000
     Part 1          Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Tree Plantation Agreements Act
                2000.

5    2.         Commencement
          (1)   Subject to subsection (2), this Act comes into operation on a day
                fixed by proclamation.
          (2)   This Act is not to come into operation before the Forest
                Products Act 2000 has come into operation.

10   3.         Interpretation
                In this Act --
                "agreement" means an agreement that complies with
                    section 6(1) and includes, where the context so requires, an
                    agreement as varied by an instrument of variation that is
15                  registered under section 104D of the TLA;
                "agreement land", in relation to an agreement, means the land
                    described under section 6(1)(e) as the subject of the
                    agreement;
                "Crown land" has the same meaning as it has in the Land
20                  Administration Act 1997;
                "owner", in relation to freehold land, means a person whose
                    name is registered as a proprietor of the freehold land;
                "pastoral lessee" has the same meaning as it has in the Land
                    Administration Act 1997;
25              "plantation" means one or more groups of planted (not
                    naturally occurring) trees;



     page 2
                                             Tree Plantation Agreements Bill 2000
                                                       Preliminary         Part 1

                                                                               s. 4



                "plantation interest" means the interest in land referred to in
                    section 8(1)(a) and includes, where the context so requires,
                    a plantation interest extended by an instrument of extension
                    that is registered under section 104C of the TLA;
5               "product", in relation to a tree, includes the whole tree, a part
                    of the tree or a thing produced by the tree whether or not
                    the part of the tree or the thing produced by the tree is
                    above or below the ground or has become separated from
                    the tree before being harvested;
10              "Register" has the same meaning as it has in the TLA;
                "registered" --
                     (a) in relation to freehold land or Crown land that is
                           under the operation of the TLA, means registered
                           under that Act; and
15                   (b) in relation to land that is subject to the Registration of
                           Deeds Act 1856, means registered under that Act;
                "Registrar" means the Registrar of Titles or the Registrar of
                    Deeds, as is relevant to the case;
                "TLA" means the Transfer of Land Act 1893;
20              "tree" means a perennial plant having one or more woody,
                    self-supporting trunks and includes a tree seedling and a
                    sapling.

     4.         Application of Act
          (1)   This Act does not apply in relation to the management,
25              harvesting or sale of forest products as defined by the Forest
                Products Act 2000 on public land as defined by that Act, except
                to the extent to which section 5 provides.
          (2)   Nothing in this Act --
                 (a) is to be read as giving the Forest Products Commission
30                     or the Executive Director of the Department of
                       Conservation the power to enter into an agreement under
                       this Act; or

                                                                            page 3
    Tree Plantation Agreements Bill 2000
    Part 1          Preliminary

    s. 4



              (b)   affects the respective powers that the Forest Products
                    Commission or the Executive Director of the
                    Department of Conservation has in relation to a timber
                    share farming agreement as defined in the Forest
5                   Products Act 2000 or the Conservation and Land
                    Management Act 1984.




    page 4
                                              Tree Plantation Agreements Bill 2000
                                  Making tree plantation agreements         Part 2

                                                                                 s. 5



                Part 2 -- Making tree plantation agreements
     5.          Purpose of agreements
          (1)    An owner of freehold land, a lessee of freehold land or a lessee
                 of Crown land (other than a pastoral lessee) may enter into an
5                agreement with another person by which that person agrees to
                 do one or more of the following things on the land --
                   (a) establish a plantation;
                   (b) maintain a plantation;
                   (c) harvest products from a plantation.
10        (2)    An agreement may be made in relation to the matters referred to
                 in subsection (1)(b) or (c) even if the plantation does not exist at
                 the time the agreement is made.

     6.          Contents and formalities
          (1)    An agreement must --
15                (a) be in writing;
                  (b) state that it is an agreement for the purposes of this Act;
                  (c) provide for a thing referred to in section 5(1) to be done;
                  (d) specify the day on which the agreement commences and
                        the day on which the agreement expires; and
20                (e) describe the land that is the subject of the agreement and
                        identify, whether by way of words or a sketch, the
                        portion of the agreement land that is allocated to the
                        plantation or proposed plantation.
          (2)    Subject to subsection (1), an agreement may contain any
25               provisions the parties agree to include.

     7.          Consents required
          (1)    An agreement entered into by a lessee of freehold land is of no
                 effect unless the registered proprietor of the freehold interest in


                                                                              page 5
    Tree Plantation Agreements Bill 2000
    Part 2          Making tree plantation agreements

    s. 7



             the agreement land has given written consent to the creation of
             the plantation interest that is the subject of the agreement.
       (2)   An agreement entered into by a lessee of Crown land is of no
             effect unless section 18 of the Land Administration Act 1997
5            has been complied with.




    page 6
                                                 Tree Plantation Agreements Bill 2000
                       Effect of registered tree plantation agreements         Part 3

                                                                                  s. 8



                       Part 3 -- Effect of registered tree
                            plantation agreements
     8.         Interest in land created on registration
          (1)   On registration of an agreement --
5                (a) the property in the trees in a plantation that is the subject
                       of the agreement becomes a separate interest in the
                       agreement land; and
                 (b) the proprietor of a plantation interest under the
                       agreement is each person who is registered as a
10                     proprietor of that interest.
          (2)   Subsection (1) applies even though the trees are affixed to the
                agreement land.
          (3)   A plantation interest is, in relation to the relevant agreement
                land --
15                (a) a hereditament; and
                  (b) an encumbrance.

     9.         Dealings in plantation interests
          (1)   A plantation interest can be --
                 (a)    transferred, devised, or extended;
20               (b)    mortgaged or otherwise used as a security; or
                 (c)    the subject of a caveat or process of execution,
                and otherwise dealt with as a separate interest in the agreement
                land.
          (2)   A plantation agreement can be varied.
25        (3)   A plantation interest and the relevant agreement can be
                surrendered.




                                                                              page 7
     Tree Plantation Agreements Bill 2000
     Part 3          Effect of registered tree plantation agreements

     s. 10



     10.         Obligations and restrictions run with the land
                 The obligations (including positive covenants) and restrictions
                 that bind the owner or lessee of the agreement land under a
                 registered agreement are binding also on that person's
5                successors in title, heirs, executors and administrators except to
                 the extent that the agreement otherwise provides.

     11.         Other legal effects as to plantation interests
           (1)   A plantation interest does not confer a right to exclusive
                 possession of --
10                 (a) the relevant agreement land; or
                  (b) the portion of the relevant agreement land that is
                        allocated to the plantation or proposed plantation,
                 except to the extent that an agreement otherwise provides but, if
                 a right of exclusive possession is conferred under the
15               agreement, the agreement is not to be treated as a lease.
           (2)   A plantation interest is not a lease or licence to use or occupy
                 land or a subdivision of land to which section 20 of the Town
                 Planning and Development Act 1928 applies.




     page 8
                                             Tree Plantation Agreements Bill 2000
                                                     Miscellaneous         Part 4

                                                                              s. 12



                             Part 4 -- Miscellaneous
     12.         No contracting out
                 The provisions of this Act apply despite anything to the contrary
                 in an agreement.

5    13.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to this
                 Act.
10         (2)   Regulations made under this Act may provide that
                 contravention of a regulation or a provision of a regulation
                 constitutes an offence and provide for penalties not exceeding
                 $10 000.

     14.         Amendments to other Acts
15               Amendments are made as set out in Schedule 1.




                                                                            page 9
     Tree Plantation Agreements Bill 2000



     Schedule 1         Amendments to other Acts



                    Schedule 1 -- Amendments to other Acts
                                                                                [s. 14]

      Division 1 -- Agriculture and Related Resources Protection Act 1976
     1.         Section 7 amended
5               Section 7(1) of the Agriculture and Related Resources Protection
                Act 1976* is amended in the definition of "occupier" by inserting
                after "the land" --
                "
                           , and a person who is the proprietor of a plantation
10                         interest, as defined in the Tree Plantation
                           Agreements Act 2000, in relation to the land
                                                                                      ".
                [* Reprinted as at 15 October 1999.]

                       Division 2 -- Transfer of Land Act 1893
15   2.         Transfer of Land Act 1893 amended
                The amendments in this Division are to the Transfer of Land
                Act 1893*.
                [* Reprinted as at 23 July 1999.]
     3.         Section 4 amended
20        (1)   Section 4(1) is amended in the definition of "Dealing" by inserting
                after "Dealing" --
                "   , in relation to Crown land, ".
          (2)   Section 4(1) is amended by deleting the definition of "Instrument"
                and inserting the following definition instead --
25              "
                    "Instrument" includes --
                           (a) a conveyance, assignment, transfer, lease,
                               sublease, mortgage or charge in relation to
                               freehold land;

     page 10
                                              Tree Plantation Agreements Bill 2000



                                          Amendments to other Acts         Schedule 1



                           (b)    a document creating an easement, profit à 
                                  prendre or restrictive covenant;
                           (c)    a tree plantation agreement;
                           (d)    a transfer, mortgage, charge or other dealing
5                                 in relation to a plantation interest or profit à 
                                  prendre, an extension of a plantation interest,
                                  a variation of a tree plantation agreement or
                                  a surrender of a plantation interest and the
                                  relevant tree plantation agreement;
10                         (e)    a document lodged with a plan or diagram
                                  under Part IVA for the purpose of creating
                                  an easement or restrictive covenant under
                                  that Part in relation to freehold land; and
                            (f)   a dealing in relation to Crown land.
15                                                                                      ".
          (3)   Section 4(1) is amended after the definition of "Person" by inserting
                the following definition --
                "
                    "Plantation interest" has the same meaning as it has in
20                         the Tree Plantation Agreements Act 2000.
                                                                                        ".
          (4)   Section 4(1) is amended after the definition of "Transmission" by
                inserting the following definition --
                "
25                  "Tree plantation agreement" means an agreement as
                           defined in the Tree Plantation Agreements
                           Act 2000.
                                                                                        ".
     4.         Section 65 amended
30        (1)   Section 65(1) is amended by inserting after "lease" in both places
                where it occurs --
                "   , tree plantation agreement ".

                                                                              page 11
     Tree Plantation Agreements Bill 2000



     Schedule 1            Amendments to other Acts



          (2)   Section 65(3)(a) is amended by inserting after "lease" --
                "     , tree plantation agreement ".
          (3)   Section 65(3) is amended by inserting after "lease," --
                "     tree plantation agreement, ".

5    5.         Section 91 amended
                Section 91 is amended as follows:
                  (a) by deleting "or charge" and inserting instead --
                           "   , charge or plantation interest ";
                    (b)    by deleting "or annuitant" in both places and inserting
10                         instead --
                           "   , annuitant or proprietor of a plantation interest    ".
     6.         Part IV, Division 2A inserted
                After section 104 the following Division is inserted in Part IV --
     "
15                     Division 2A -- Tree plantation agreements
            104A.         Definitions
                          In this Division --
                          "agreement" means a tree plantation agreement;
                          "agreement land" has the same meaning as it has in
20                             the Tree Plantation Agreements Act 2000.

            104B.         Registration of tree plantation agreements
                (1)       A party to an agreement may lodge the agreement, in
                          an approved form and on payment of the prescribed
                          fee, for registration.
25              (2)       An agreement lodged for registration shall be
                          accompanied --



     page 12
                                   Tree Plantation Agreements Bill 2000



                                Amendments to other Acts      Schedule 1



               (a)   by the written consent of each person who has a
                     registered interest in the agreement land; and
              (b)    if the agreement is entered into by a lessee of
                     freehold land, by the written consent of each
5                    person who has a registered interest in the
                     freehold interest of the agreement land.
       (3)   If the agreement is entered into by a lessee of Crown
             land, the agreement is not to be registered unless there
             is compliance with section 18 of the Land
10           Administration Act 1997.

     104C.   Extensions of plantation interests
       (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
15           the extension is made and that is signed by --
               (a) each person who is registered as a proprietor of
                     the plantation interest; and
               (b) either --
                        (i) each person who is an owner of the
20                           agreement land (if the relevant
                             agreement was entered into by an owner
                             of the agreement land); or
                       (ii) each person who is a lessee of the
                             agreement land (if the relevant
25                           agreement was entered into by a lessee
                             of the agreement land).
       (2)   An instrument of extension is not to be registered
             unless --
               (a) the written consent to the instrument is lodged
30                  on behalf of the following persons --
                      (i) each person who has an interest in the
                           agreement land that was registered


                                                                 page 13
     Tree Plantation Agreements Bill 2000



     Schedule 1       Amendments to other Acts



                                     subsequent to the registration of the
                                     relevant agreement;
                              (ii) if the relevant agreement was entered
                                     into by a lessee of freehold land, each
5                                    person who has an interest in the
                                     freehold interest of the agreement land
                                     that was registered subsequent to the
                                     registration of the relevant agreement;
                                     and
10                           (iii) each person who has a registered
                                     interest in the plantation interest;
                      (b)   if the agreement was entered into by a lessee of
                            Crown land, there is compliance with
                            section 18 of the Land Administration Act 1997
15                          in relation to the extension; and
                      (c)   the instrument is accompanied by the
                            prescribed fee.
               (3)   An instrument of extension --
                      (a) may be used to vary the provisions of the
20                          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 2000;
                      (b) cannot be used to effect a change to the parties
25                          to an agreement or a change to the area of a
                            plantation that is the subject of an agreement.

          104D.      Variation of agreements
               (1)   The provisions of an agreement may be varied by an
                     instrument of variation in an approved form that sets
30                   out the variations and the conditions (if any) on which
                     the variations are made and that is signed by --
                       (a) each person who is registered as a proprietor of
                             the plantation interest; and

     page 14
                                 Tree Plantation Agreements Bill 2000



                             Amendments to other Acts     Schedule 1



            (b)   either --
                    (i) each person who is an owner of the
                         agreement land (if the relevant
                         agreement was entered into by an owner
5                        of the agreement land); or
                   (ii) each person who is a lessee of the
                         agreement land (if the relevant
                         agreement was entered into by a lessee
                         of the agreement land).
10   (2)   An instrument of variation is not to be registered
           unless --
             (a) the written consent to the instrument is lodged
                  on behalf of the following persons --
                     (i) each person who has an interest in the
15                        agreement land that was registered
                          subsequent to the registration of the
                          relevant agreement;
                    (ii) if the relevant agreement was entered
                          into by a lessee of freehold land, each
20                        person who has an interest in the
                          freehold interest of the agreement land
                          that was registered subsequent to the
                          registration of the relevant agreement;
                          and
25                 (iii) each person who has a registered
                          interest in the plantation interest;
            (b) the Registrar is satisfied that the agreement if
                  varied as proposed would continue to comply
                  with section 6(1) of the Tree Plantation
30                Agreements Act 2000;
             (c) in the case where the agreement was entered
                  into by a lessee of Crown land, there is
                  compliance with section 18 of the Land


                                                              page 15
     Tree Plantation Agreements Bill 2000



     Schedule 1       Amendments to other Acts



                            Administration Act 1997 in relation to the
                            variation; and
                      (d)   the instrument is accompanied by the
                            prescribed fee.
5              (3)   A variation instrument cannot be used to effect a
                     change to the parties to an agreement, a change to the
                     area of a plantation that is the subject of an agreement
                     or an extension or other change to the term of a
                     plantation interest.

10        104E.      Surrender of plantation interests and agreements
               (1)   A plantation interest and the relevant agreement may
                     be wholly or partially surrendered by an instrument of
                     surrender in an approved form that is signed by --
                       (a) each person who is registered as a proprietor of
15                          the plantation interest; and
                       (b) either --
                               (i) each person who is an owner of the
                                    agreement land (if the relevant
                                    agreement was entered into by an owner
20                                  of the agreement land); or
                              (ii) each person who is a lessee of the
                                    agreement land (if the relevant
                                    agreement was entered into by a lessee
                                    of the agreement land).
25             (2)   An instrument of surrender is not to be registered
                     unless --
                       (a) each registered interest in the plantation interest
                            and caveat lodged in respect of the plantation
                            interest has been surrendered, discharged or
30                          withdrawn;
                      (b) in the case where the agreement was entered
                            into by a lessee of Crown land, there is

     page 16
                                              Tree Plantation Agreements Bill 2000



                                          Amendments to other Acts        Schedule 1



                              compliance with section 18 of the Land
                              Administration Act 1997 in relation to the
                              surrender; and
                        (c)   the instrument is accompanied by the
5                             prescribed fee.
                                                                                      ".
     7.         Section 110 amended
          (1)   Section 110 is amended before "Subject" by inserting the subsection
                designation "(1)".
10        (2)   At the end of section 110 the following subsection is inserted --
            "
                (2)   Where subsection (1) applies to the sale of an estate or
                      interest in land other than a plantation interest, that
                      subsection is to be read as if after "excepting", there
15                    appeared "a plantation interest,".
                                                                                      ".
     8.         Section 111 amended
          (1)   Section 111 is amended before "Subject" by inserting the subsection
                designation "(1)".
20        (2)   At the end of section 111 the following subsection is inserted --
            "
                (2)   Nothing in subsection (1) enables a mortgagee or
                      annuitant or transferee whose estate or interest in land
                      is other than in respect of a plantation interest to take
25                    the action referred to in that subsection in respect of a
                      plantation interest to which the mortgagee or annuitant
                      or transferee has consented in writing.
                                                                                      ".




                                                                              page 17
     Tree Plantation Agreements Bill 2000



     Schedule 1           Amendments to other Acts



     9.          Section 129A amended
                 Section 129A(1) is amended as follows:
                   (a)    by deleting "or charge" and inserting instead --
                          "   , charge or plantation interest ";
5                  (b)    by deleting "or annuitant" and inserting instead --
                          "   , annuitant or proprietor of the plantation interest   ".
     10.         Section 137 amended
           (1)   Section 137 is amended before "Any" by inserting the subsection
                 designation "(1)".
10         (2)   At the end of section 137 the following subsection is inserted --
             "
                 (2)     A party to a tree plantation agreement may, before the
                         agreement is registered, lodge a caveat under
                         subsection (1) as if the party were claiming an interest
15                       in the land that is the subject of the agreement and, in
                         addition to the requirements of subsection (1), a copy
                         of the agreement must be lodged with the caveat.
                                                                                     ".




     page 18
                                                       Tree Plantation Agreements Bill 2000



                                                                                               Defined Terms



                                      Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                       Provision(s)
agreement ........................................................................................................ 3
agreement land................................................................................................. 3
Crown land ...................................................................................................... 3
owner............................................................................................................... 3
pastoral lessee .................................................................................................. 3
plantation ......................................................................................................... 3
plantation interest ............................................................................................. 3
product............................................................................................................. 3
Register............................................................................................................ 3
registered ......................................................................................................... 3
Registrar .......................................................................................................... 3
TLA................................................................................................................. 3
tree................................................................................................................... 3




 


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