A Forestry Right is an interest in land where a person is given the right to access land to establish, maintain and harvest a crop of trees. The right includes the erection of any necessary buildings, works or facilities necessary to establish, maintain and/or harvest the trees see s.87A Conveyancing Act 1919.
A Forestry Covenant pursuant to s.87A Conveyancing Act 1919, in relation to land, means a covenant that is incidental to a forestry right and includes any such covenant that imposes obligations requiring:
- the construction and maintenance of access roads within the land
- the erection and maintenance of fencing on the land
- the provision and maintenance of water supplies within the land
- the provision of access to or the maintenance of trees or forests on land that is the subject of any carbon sequestration right, or
- the ownership of any tree or trees on land that is the subject of a forestry right to be vested in the person who owns the forestry right,
- or imposes any term or condition with respect to the performance of or failure to perform any such obligation see ss.87A and 88EA Conveyancing Act 1919.
Creation
A forestry right may be created by Transfer Creating Profit à Prendre or Forestry Right form 01TH (PDF 732 KB) or in an Old System deed. A Forestry Covenant can be created by:
- a deed registered in the General Register of Deeds (Old System) or
- s.88B instrument or
- in an annexure to the instrument creating the Forestry Right.
Requirements
A Forestry Covenant must:
- define the site of the forestry right. If a plan is required it may be a compiled sketch plan annexed to a dealing or deed or a deposited plan of partial survey.
- specify the particulars of the covenant.
Variation and Release
A release of forestry covenant must be executed by the persons entitled to enforce the covenant. A variation of forestry covenant must also bear written consent of each person against whom the forestry covenant is enforceable.
For Torrens title land a Request form 11R PDF 131 KB) may be used. For Old System land a deed should be registered in the General Register of Deeds.
A forestry covenant may also be released or varied by Court Order. For Torrens title land a Variation or Modification of Positive Covenant form 13PVM (PDF 539 KB) pursuant to s.89(8) Conveyancing Act 1919 must be used.
Note There is no provision in the Conveyancing Act 1919 for a forestry covenant to be varied or released in a section 88B instrument.