Western Australian Current Acts Western Australian Current Acts (1) The provisions of
a carbon covenant may be varied by an instrument of variation in an approved
form that sets out the variations and the conditions (if any) on which the
variations are made, and that is signed by each proprietor of —
(a) the
carbon covenant; and
(b) the
burdened land.
(2) An instrument of
variation 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 —
(i)
a change to the proprietors of the carbon covenant or the
burdened land; or
(ii)
a change to the area of the burdened land to which the
covenant applies; or
(iii)
an extension or other change to the term of a carbon
covenant.
(3) An instrument of
variation 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 variation of a carbon covenant interest is required under
subsection (1)(a) or (b).
(5) If a carbon
covenant applies in respect of Crown land, an instrument of variation of the
covenant shall not be registered unless there is compliance with section 18 of
the Land Administration Act 1997 .
[Section 104I inserted: No. 56 of 2003 s. 14.]