Granting of forestry rights
5.58 Granting of forestry rights
The Minister may, on any terms and conditions determined by the Minister, grant a forestry right over Crown land.
Note.
Section 1.5 (1) defines a forestry right to have the same meaning as in section 87A of the Conveyancing Act 1919. Section 87A of that Act defines a forestry right to include a carbon sequestration right in relation to land. Carbon sequestration is the process by which a tree or forest absorbs carbon dioxide from the atmosphere.
A forestry right is, for all purposes, taken to be a profit à prendre (see section 88AB of the Conveyancing Act 1919).
Before doing so, the Minister must be satisfied that any holder of a lease over the Crown land has consented to the grant of the forestry right.
If the Crown land is dedicated or reserved Crown land, the provisions of section 2.18 apply to the granting by the Minister of a forestry right over the land as if it were a relevant interest under that section.
If the Crown land is under a perpetual lease, the Minister may, on any terms and conditions determined by the Minister, consent to the holder of the lease granting a forestry right over the land.
The holder of a perpetual lease over Crown land may, with the consent of the Minister under subsection (4), grant a forestry right over the land subject to any terms and conditions determined by the Minister.
Also, the Minister must consult the Minister administering the Forestry Act 2012 before—
granting a forestry right over Crown-timber land (as defined in the Forestry Act 2012), or
consenting to the holder of a perpetual lease over Crown-timber land granting a forestry right.
Note.
In the case of Crown-timber land that is a State forest or timber reserve, it is the Forestry Corporation that may grant a forestry right in respect of the land.
Without limitation, the terms and conditions determined by the Minister under this section for the grant of a forestry right may include any restrictions on dealings with the right.
This Act’s bill:Explanatory memorandumSecond reading speech
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