Western Australian Current Acts Western Australian Current Acts (1) A carbon covenant
may be extended by an instrument of extension in an approved form that sets
out the term of the extension, which shall not be longer than the term of the
relevant carbon right, and that is signed by each proprietor of —
(a) the
carbon covenant; and
(b) the
burdened land.
(2) An instrument of
extension of a carbon covenant —
(a) may
be used to vary the provisions of a carbon covenant if the Registrar is
satisfied that the covenant if varied as proposed would continue to comply
with section 11(2) of the Carbon Rights Act 2003 ; and
(b)
shall not be used to effect a change to —
(i)
the proprietors of the carbon covenant or the burdened
land; or
(ii)
the area of the burdened land to which the covenant
applies.
(3) An instrument of
extension of a carbon covenant shall not be registered unless it is
accompanied by —
(a) the
written consent of each person who has a registered interest in —
(i)
the carbon covenant; and
(ii)
the burdened land; and
(iii)
the relevant carbon right;
and
(b) the
prescribed fee.
(4) Subsection (3)
does not require the written consent of a person whose signature to an
instrument of extension of a carbon covenant is required under subsection
(1)(a) or (b).
(5) If a carbon
covenant applies in respect of Crown land, an instrument of extension of the
carbon covenant shall not be registered unless there is compliance with
section 18 of the Land Administration Act 1997 .
[Section 104H inserted: No. 56 of 2003 s. 14.]