{"id":"tas:act-1990-011","name":"Forestry Rights Registration Act 1990","slug":"forestry-rights-registration-act-1990","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"11 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106357,"registerId":"tas-act-1990-011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Forestry Rights Registration Act 1990](/view/html/inforce/2026-04-12/act-1990-011) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –[*\\[Section 3 Amended by No. 8 of 2002, s. 4, Applied:30 May 2002\\]*](/view/html/inforce/2002-05-30/act-2002-008#GS4@EN)\n> \n> > [*\\[Section 3 Amended by No. 8 of 2002, s. 4, Applied:30 May 2002\\]*](/view/html/inforce/2002-05-30/act-2002-008#GS4@EN) ***carbon sequestration***, by a tree or forest, means the process by which the tree or forest absorbs carbon dioxide from the atmosphere;\n> \n> > [*\\[Section 3 Amended by No. 8 of 2002, s. 4, Applied:30 May 2002\\]*](/view/html/inforce/2002-05-30/act-2002-008#GS4@EN) ***carbon sequestration right***, in relation to land, means a right conferred on a person (by agreement or otherwise) to the legal, commercial or other benefit (whether present or future) of carbon sequestration by any existing or future tree or forest on the land;\n> \n> > [*\\[Section 3 Amended by No. 8 of 2002, s. 4, Applied:30 May 2002\\]*](/view/html/inforce/2002-05-30/act-2002-008#GS4@EN) ***forestry covenant*** means –\n> > \n> > > > (a) a covenant, whether positive or restrictive in effect, that is –\n> > > > \n> > > > > > (i) incidental to a forestry right; and\n> > > > > \n> > > > > > (ii) contained in the instrument by which the forestry right is created or varied; and\n> > > > > \n> > > > > > (iii) registered under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) or the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) ; or\n> > > \n> > > > (b) a variation of any such covenant;\n> \n> > [*\\[Section 3 Amended by No. 8 of 2002, s. 4, Applied:30 May 2002\\]*](/view/html/inforce/2002-05-30/act-2002-008#GS4@EN) ***forestry right***, in relation to land, means any (or any combination) of the following interests in the land granted by its owner:\n> > \n> > > > (a) ownership of trees;\n> > > \n> > > > (b) a carbon sequestration right;\n> > > \n> > > > (c) a right to establish, maintain or harvest, or maintain and harvest, trees –\n> > > \n> > > together with –\n> > > \n> > > > (d) any ancillary rights of access or of constructing or using tracks, culverts, bridges, buildings or other works or facilities in connection with the enjoyment of the interest, whether or not those ancillary rights are coupled with obligations; and\n> > > \n> > > > (e) any provisions for charges, payments or royalties or for the division of trees or the proceeds of trees, whether or not those provisions are coupled with obligations;\n> \n> > ***grantee***, in relation to the grant of a forestry right over land, means the person to whom the owner of the land grants the forestry right;\n> \n> > ***land*** has the meaning assigned to that expression in the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> \n> > ***owner of land***, in relation to land over which a forestry right is granted, means –\n> > \n> > > > (aa) [*\\[Section 3 Amended by No. 4 of 1999, s. 4, Applied:07 Apr 1999\\]*](/view/html/inforce/1999-04-07/act-1999-004#GS4@EN) [*\\[Section 3 Amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja12@GC1@Hpa@EN) in the case of Crown land that is permanent timber production zone land within the meaning of the [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) –\n> > > > \n> > > > > > (i) the Crown; or\n> > > > > \n> > > > > > (ii) [*\\[Section 3 Amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja12@GC1@Hpb@EN) the Forestry corporation continued by [section 6 of the](/view/html/inforce/2026-04-12/act-2013-049#GS6@EN) [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) ; or\n> > > \n> > > > (ab) [*\\[Section 3 Amended by No. 4 of 1999, s. 4, Applied:07 Apr 1999\\]*](/view/html/inforce/1999-04-07/act-1999-004#GS4@EN) in the case of other Crown land –\n> > > > \n> > > > > > (i) the Crown; or\n> > > > > \n> > > > > > (ii) an Agency or instrumentality of the Crown that, by virtue of an Act, has exclusive or primary responsibility for the management of the land; or\n> > > \n> > > > (a) in the case of land held in fee simple, the person in whom the estate of fee simple is vested; or\n> > > \n> > > > (b) in the case of land held under a tenancy for life, the person who is the life tenant; or\n> > > \n> > > > (c) in the case of land held under a lease for a term of not less than 99 years, the person who is the lessee of the land; or\n> > > \n> > > > (d) in the case of land that is not registered under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) and is subject to a mortgage, the person having for the time being the equity of redemption in that mortgage; or\n> > > \n> > > > (e) in the case of land held under any other interest declared by the regulations to be an interest for the purposes of this definition, the person who is the holder of the land under that interest;\n> \n> > [*\\[Section 3 Amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja12@GC1@Hpc@EN) ***trees*** has the meaning assigned to that expression in the [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"### 4 Application of Act\n\n> The application of this Act extends to, and in relation to, a forestry right that was in force immediately before the commencement of this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Forestry rights to be profits à prendre","content":"### 5 Forestry rights to be profits à prendre\n\n> > (1)  A forestry right shall, notwithstanding any rule of law or equity to the contrary, be deemed to be a *profit à prendre* but shall not confer a right of exclusive possession of the land to which it relates.\n> \n> > (2)  Every forestry right over any land may be registered under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) or the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) against the title of the estate of the owner of the land in the same manner as that applicable to a *profit à prendre* that is not a forestry right.\n> \n> > (3)  Every forestry right shall, when executed by the parties signing it, have the force and effect of a deed.\n> \n> > (4)  [*\\[Section 5 Subsection (4) inserted by No. 8 of 2002, s. 5, Applied:30 May 2002\\]*](/view/html/inforce/2002-05-30/act-2002-008#GS5@EN) If a forestry right over any land consists in whole or in part of a carbon sequestration right, the *profit à prendre* that is taken to exist under [subsection (1)](#GS5@Gs1@EN) in relation to the carbon sequestration right consists of the legal, commercial or other benefit (whether present or future) of carbon sequestration by any existing or future tree or forest on the land.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Forestry covenants to bind assignees, &c.","content":"### 6 Forestry covenants to bind assignees, &c.\n\n> Notwithstanding any rule of law or equity to the contrary, a forestry covenant relating to land of a covenantor or to land capable of being bound by him by covenant shall, unless a contrary intention is expressed in the forestry right to which that land is subject or in any variation of that right, be binding on the assignees and personal representatives of the covenantor and on all successors in title of the covenantor to the land.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Life tenant not liable to impeachment of waste","content":"### 7 Life tenant not liable to impeachment of waste\n\n> A life tenant who is in possession of land that is subject to a forestry right is not liable to impeachment of waste in respect of anything done pursuant to that forestry right.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Plan requirements","content":"### 8 Plan requirements\n\n> > (1)  For the purposes of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) and the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) , an application for registration of a forestry right may specify the boundaries of the forestry right by reference to a diagram that is satisfactory to the Recorder of Titles or the Registrar of Deeds.\n> \n> > (2)  Where the boundaries of a registered forestry right have been specified by reference to a diagram as provided by [subsection (1)](#GS8@Gs1@EN) , the owner of the land or the grantee of the forestry right may at any time deposit a plan in accordance with the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) or the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) so as to define such area or areas of the land affected by the forestry right as may be agreed on by the owner of the land and the grantee.\n> \n> > (3)  A plan deposited under [subsection (2)](#GS8@Gs2@EN) shall for all purposes supersede the diagram or, as the case may be, the relevant part of the diagram to which it relates and shall be deemed to be incorporated in the grant of the relevant forestry right.\n> \n> > (4)  On the deposit of a plan under [subsection (2)](#GS8@Gs2@EN) , the Recorder of Titles or Registrar of Deeds, as may be appropriate, shall, if necessary, amend the description of the parcels included in the grant of forestry right and, without limiting the generality of this subsection, may endorse on any relevant certificate of title or lease a memorial to the effect that the boundaries, or such of the boundaries as are defined, have been surveyed or register a memorial in the registry of deeds to that effect.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Non-application of  Local Government (Building and Miscellaneous Provisions) Act 1993","content":"### 9 Non-application of  Local Government (Building and Miscellaneous Provisions) Act 1993\n\n> *\\[Section 9 Amended by No. 30 of 1995, s. 3 and Sched. 1 \\]*For the purposes of the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) , the grant of a forestry right shall be deemed not to be a subdivision of the land to which it relates.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"### 10 Regulations\n\n> The Governor may make regulations for the purposes of this Act.","sortOrder":9},{"sectionNumber":"11.","sectionType":"section","heading":null,"content":"### 11.\n\n[Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019)","sortOrder":10},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments to the  Land Titles Act 1980","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments to the  Land Titles Act 1980\n\n[Section 11](#GS11@EN)\n\n[Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019)","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1990 Act focused on commercial forestry rights (tree ownership, harvesting). The 2002 amendments significantly expanded scope to include carbon sequestration rights, transforming the Act from a purely timber industry tool into a climate change/carbon market mechanism. The 2013 amendments further adapted Crown land provisions to new forest management structures. The Act now serves dual purposes: traditional forestry and carbon credit generation."},"complexity_factors":["Multiple defined terms (8 key definitions) with nested sub-definitions, particularly 'forestry right' which contains 5 enumerated components plus ancillary elements","Complex definition of 'owner of land' with 5 distinct categories (aa, ab, a, b, c, d, e) covering Crown land, freehold, life estates, long leases, and equitable interests","Cross-references to 4 other Acts: Land Titles Act 1980, Registration of Deeds Act 1935, Forest Management Act 2013, and Local Government (Building and Miscellaneous Provisions) Act 1993","Use of technical legal concepts requiring explanation: 'profit à prendre', 'fee simple', 'life tenant', 'equity of redemption', 'impeachment of waste'","Retrospective application clause (section 4) applying to pre-Act forestry rights","Amendment history visible in text showing evolution from 1990 original through 1999, 2002, 2013 amendments, particularly the 2002 addition of carbon sequestration concepts","Schedule 1 appears truncated/incomplete in the provided text"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal framework for **forestry rights** — special property interests that let someone other than the landowner own, grow, or harvest trees on private or Crown land, or benefit from the carbon those trees absorb.\n\n**Key things it covers:**\n\n*   **Forestry rights** can include:\n    *   Owning the trees themselves (but not the land underneath)\n    *   The right to plant, maintain, or harvest trees\n    *   **Carbon sequestration rights** — the legal right to claim the benefit of carbon dioxide being absorbed by trees (important for carbon credits and climate schemes)\n    *   Access rights — roads, tracks, bridges needed to manage the trees\n    *   Payment arrangements for timber or carbon proceeds\n\n*   **How it works legally:**\n    *   A forestry right is treated as a **profit à prendre** (an old legal term meaning a right to take something from another person's land, like minerals or timber)\n    *   Crucially, it does **not** give the forestry right holder exclusive possession — they can't kick the landowner off\n    *   These rights can be **registered on the land title**, making them visible to future buyers and lenders\n\n*   **Who can grant these rights:**\n    *   Private landowners (freehold)\n    *   Life tenants (people who own land only for their lifetime)\n    *   Long-term leaseholders (99+ years)\n    *   The Crown and government agencies (for public land)\n    *   The Forestry corporation (for permanent timber production zones)\n\n*   **Binding future owners:**\n    *   Any promises or restrictions attached to a forestry right (called **forestry covenants**) automatically bind anyone who later buys the land — unless the original agreement says otherwise\n\n*   **Protecting life tenants:**\n    *   Someone who only holds land for life (a life tenant) won't be sued for \"waste\" (damaging the inheritance) for allowing forestry activities\n\n*   **Planning and registration:**\n    *   Forestry rights can be registered using diagrams initially, then upgraded to formal survey plans later\n    *   Granting a forestry right is **not** treated as subdividing land, so local government planning rules for subdivision don't apply\n\n**Why it matters:**\n\nThis law enables **carbon farming** and commercial forestry without requiring landowners to sell their land. It separates the value of trees and carbon from the value of the land itself, making it easier to invest in reforestation and climate projects while keeping land in existing ownership. It's particularly important for Tasmania's timber industry and emerging carbon markets."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's scope has been extended from its original drafting by explicit amendments recorded in the text: definitions were expanded to add carbon sequestration and carbon sequestration rights (s3; s5(4) inserted), and the definition of \"owner of land\" was broadened to recognise the Forestry corporation and Crown agencies for certain Crown land (s3). Section 4 preserves application to forestry rights already in force at commencement, so the Act applies retrospectively to existing rights."},"complexity_factors":["Cross‑references to multiple land‑registration statutes (Land Titles Act 1980; Registration of Deeds Act 1935) that determine registration mechanics (ss5(2),8(1)–(4)).","Expanded and technical definitions in s3 — notably inclusion of carbon sequestration rights and the list of constituent interests — which create layered property and commercial benefits.","Interaction with different categories of land tenure and owners (fee simple, life tenant, long lease, Crown land, agencies, Forestry corporation) that affect who may grant or be affected by rights (s3).","Rules that change substantive property character (forestry rights deemed profits à prendre; no exclusive possession) with consequential effects on possession and remedies (s5(1)–(4)).","Automatic binding of covenants on assignees and successors unless a contrary intention is expressed, shifting long‑term obligations and compliance burdens (s6).","Procedural requirements for boundary specification and plan deposit, endorsement and amendment of titles that impose practical surveying and registry steps (s8).","Amendment annotations in the text indicate later scope extensions (e.g. carbon sequestration and Forestry corporation) which create retrospective and evolving application issues (s3, s5(4)).","Regulation‑making power vested in the Governor creates executive discretion about implementation details (s10)."],"plain_english_summary":"This Act treats forestry rights as profits à prendre (non‑exclusive property interests), allows forestry rights and incidental covenants to be registered against land titles, and defines forestry rights to include ownership of trees, harvesting and ancillary access rights plus carbon‑sequestration rights (ss3,5,8).  \n\nIt affects landowners, grantees, assignees, successors and life tenants by setting registration and plan‑deposit procedures, making covenants bind successors (s6), protecting life tenants from impeachment for acts under forestry rights (s7), and giving the Governor power to make regulations (s10)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have maintained its original scope since 1990 — establishing a registration system for forestry rights in Tasmania. The last amendment noted (December 2013) does not appear to have fundamentally altered this purpose. The law remains a focused, specific registration mechanism rather than having expanded into broader forestry regulation."},"complexity_factors":["Involves intersection of property law (land titles) and specialised forestry law concepts","Forestry rights are a niche form of property interest not widely understood by the general public","Registration mechanics require understanding of Torrens title system (Tasmania's land registration system)","Limited text provided — only status and metadata visible, not full operative provisions — making full analysis difficult","Interacts with broader Tasmanian land law and potentially federal managed investment scheme regulation"],"plain_english_summary":"This Tasmanian Act establishes a formal register for forestry rights—legal interests that let someone grow, manage or harvest trees on land they don't own. It affects landowners, timber operators, investors and lenders by making those rights visible on title, binding on future owners and legally enforceable.\n\nThat certainty protects growers and financiers if the land changes hands."}},"importantCases":[],"_links":{"self":"/api/acts/forestry-rights-registration-act-1990","history":"/api/acts/forestry-rights-registration-act-1990/history","analysis":"/api/acts/forestry-rights-registration-act-1990/analysis","conflicts":"/api/acts/forestry-rights-registration-act-1990/conflicts","importantCases":"/api/acts/forestry-rights-registration-act-1990/important-cases","documents":"/api/acts/forestry-rights-registration-act-1990/documents"}}