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


TREE PLANTATION AGREEMENTS BILL 2002

                          Western Australia


      Tree Plantation Agreements Bill 2002

                             CONTENTS


        Part 1 -- Preliminary
1.      Short title                                                  2
2.      Commencement                                                 2
3.      Definitions                                                  2
4.      Application of Act                                           3
        Part 2 -- Tree plantation agreements
5.      Entering into agreements                                     4
6.      Contents and formalities of agreements                       4
        Part 3 -- Registered tree plantation
             agreements
7.      Interest in land (plantation interest) created on
        registration of agreement                                    6
8.      Dealings in plantation interests                             6
9.      Obligations etc. under registered agreements run with
        the land                                                     7
10.     Plantation interests: other legal effects                    7
11.     Registration of surrender of plantation interests: effect    7
        Part 4 -- Miscellaneous
12.     No contracting out                                           8
13.     Regulations                                                  8




                                                                    page i
                              118 -- 2
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)



        Tree Plantation Agreements Bill 2002


                               A Bill for


An Act to provide for the making and effect of certain agreements,
and for the creation and effect of certain interests in land, in relation
to tree plantations, and for related matters.



The Parliament of Western Australia enacts as follows:




                                                                   page 1
     Tree Plantation Agreements Bill 2002
     Part 1          Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This Act may be cited as the Tree Plantation Agreements
              Act 2002.

 5   2.       Commencement
              This Act comes into operation on the day on which the Carbon
              Rights Act 2002 comes into operation.

     3.       Definitions
              In this Act --
10            "agreement" means an agreement that complies with
                  section 6(1);
              "agreement land", in relation to an agreement, means the land
                  (including a leasehold interest) that is described under
                  section 6(1)(e) as the subject of the agreement and, where
15                relevant, identified under section 6(1)(f);
              "Crown land" has the same meaning as it has in the Land
                  Administration Act 1997;
              "owner", in relation to freehold land, means a person whose
                  name is registered as a proprietor of the freehold land;
20            "plantation" means one or more groups of planted trees;
              "plantation interest" means the interest in land referred to in
                  section 7(1)(a);
              "product", in relation to a tree in a plantation, includes the
                  whole tree, a part of the tree or a thing produced by the tree
25                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;

     page 2
                                             Tree Plantation Agreements Bill 2002
                                                       Preliminary         Part 1

                                                                               s. 4



                "registered" --
                     (a) in relation to land that is under the operation of the
                          Transfer of Land Act 1893, means registered under
                          that Act; and
 5                   (b) in relation to land that is subject to the Registration of
                          Deeds Act 1856, means registered under that Act;
                "Registrar" --
                     (a) in relation to land that is under the operation of the
                          Transfer of Land Act 1893, means the Registrar of
10                        Titles; and
                     (b) in relation to land that is subject to the Registration of
                          Deeds Act 1856, means the Registrar of Deeds;
                "tree" means a perennial plant having one or more woody,
                    self-supporting trunks and includes a tree seedling and a
15                  sapling.

     4.         Application of Act
          (1)   This Act does not apply in relation to the management,
                harvesting or sale of forest products as defined by the Forest
                Products Act 2000 on public land as defined by that Act, except
20              to the extent to which section 5 provides.
          (2)   Nothing in this Act --
                 (a) is to be read as giving the Forest Products Commission
                       or the Executive Director of the Department of
                       Conservation and Land Management the power to enter
25                     into an agreement under this Act; or
                 (b) affects the respective powers that the Forest Products
                       Commission or the Executive Director of the
                       Department of Conservation and Land Management has
                       in relation to a timber sharefarming agreement as
30                     defined in the Forest Products Act 2000 or the
                       Conservation and Land Management Act 1984.


                                                                            page 3
     Tree Plantation Agreements Bill 2002
     Part 2          Tree plantation agreements

     s. 5



                   Part 2 -- Tree plantation agreements
     5.         Entering into agreements
          (1)   An owner of freehold land, a lessee of freehold land or a lessee
                of Crown land may enter into an agreement with another person
 5              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.
          (3)   Nothing in subsection (1) affects the operation of section 106 or
                109 of the Land Administration Act 1997.

15   6.         Contents and formalities of agreements
          (1)   An agreement must --
                 (a) be in writing;
                 (b) state that it is an agreement under this Act;
                 (c) provide for a thing referred to in section 5(1) to be done;
20               (d) specify --
                          (i) the day on which the agreement commences; and
                         (ii) the term of the agreement;
                 (e) contain the land description for the freehold land,
                       leasehold interest or Crown land that is the subject of the
25                     agreement; and
                  (f) identify, if the agreement is to be in respect of part only
                       of the land referred to in paragraph (e), by way of words
                       or a sketch, the part of the land that is the subject of the
                       agreement.


     page 4
                                        Tree Plantation Agreements Bill 2002
                                   Tree plantation agreements         Part 2

                                                                         s. 6



     (2)   Subject to subsection (1), an agreement may contain any
           provisions the parties agree to include.
     (3)   An agreement entered into by a lessee of Crown land is of no
           effect unless section 18 of the Land Administration Act 1997 has
 5         been complied with.
     (4)   If a right of exclusive possession is conferred under an
           agreement, the agreement is not to be treated as a lease.
     (5)   An agreement is not a lease or licence to use or occupy land or a
           subdivision of land to which section 20 of the Town Planning
10         and Development Act 1928 applies.




                                                                       page 5
     Tree Plantation Agreements Bill 2002
     Part 3          Registered tree plantation agreements

     s. 7



            Part 3 -- Registered tree plantation agreements
     7.         Interest in land (plantation interest) created on registration
                of agreement
          (1)   When an agreement is registered --
 5               (a) the property in the trees in a plantation that is the subject
                      of the agreement becomes a separate interest, to be
                      called a "plantation 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)(a) 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.
                Note: the definition of "land" in the Transfer of Land Act 1893 includes
                hereditaments in freehold and Crown land.

     8.         Dealings in plantation interests
20        (1)   A plantation interest can be --
                 (a) dealt with as a separate interest in the relevant
                       agreement land, except that it cannot be varied;
                 (b) the subject of a caveat or process of execution.
          (2)   The operation of subsection (1) in relation to land under the
25              operation of the Transfer of Land Act 1893 is subject to --
                  (a) Part IV Division 2B of that Act; and
                 (b) any provision of that Act that applies by virtue of a
                        plantation interest being --
                          (i) a separate interest in land;

     page 6
                                                  Tree Plantation Agreements Bill 2002
                                  Registered tree plantation agreements         Part 3

                                                                                  s. 9



                           (ii)    land within the meaning of that Act;
                          (iii)    an encumbrance; or
                          (iv)     otherwise referred to in that Act.

     9.          Obligations etc. under registered agreements run with the
 5               land
                 The rights, obligations (including positive covenants) and
                 restrictions that bind the owner or lessee of the agreement land
                 under a registered agreement also burden, attach to, and run
                 with, the agreement land, except to the extent that the agreement
10               provides otherwise.

     10.         Plantation interests: other legal effects
           (1)   Without limiting section 6(4), a plantation interest does not
                 confer any right of possession.
           (2)   A plantation interest is not a lease or licence to use or occupy
15               land or a subdivision of land to which section 20 of the Town
                 Planning and Development Act 1928 applies.

     11.         Registration of surrender of plantation interests: effect
           (1)   When a surrender of the whole of a plantation interest is
                 registered, all rights, obligations and restrictions under the
20               relevant agreement cease to have effect, except to the extent that
                 the agreement provides otherwise.
           (2)   When a surrender of part of a plantation interest is registered, all
                 rights, obligations and restrictions under the relevant agreement
                 cease to have effect in respect of the surrendered part, except to
25               the extent that the agreement provides otherwise.




                                                                               page 7
     Tree Plantation Agreements Bill 2002
     Part 4          Miscellaneous

     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 $5 000.




 


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