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