Forestry Act 1959

A caveat lodged under this division prevents registration of a document affecting the plantation licence or plantation sublicence over which the caveat is lodged from the date and time endorsed by the registrar of titles on the caveat as the caveat’s date and time of lodgement.

Subsection (1) has effect for a caveat until the caveat is cancelled, rejected, removed or withdrawn.

However, lodgement of a caveat under this subdivision does not prevent registration of the following—

a document stated in the caveat as a document to which the caveat does not apply;

a document if the caveator consents to its registration;

a document executed by a mortgagee whose interest was registered before lodgement of the caveat if the mortgagee has power under the mortgage to execute the document;

a document of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat;

another interest that, if registered, will not affect the interest claimed by the caveator.

The exceptions mentioned in subsection (3)(c) and (d) do not apply to a caveat lodged by the registrar of titles.

Also, registration of a caveat under section 61TL(1) does not prevent registration of the following—

a document stated in the caveat as a document to which the caveat does not apply;

a document if the registrar of titles consents to its registration.

Lodgement of a caveat does not create in the caveator an interest in the plantation licence or plantation sublicence affected by the caveat.