{"id":"tree-plantation-agreements-act-2003","name":"Tree Plantation Agreements Act 2003","slug":"tree-plantation-agreements-act-2003","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110798,"registerId":"wa-tree-plantation-agreements-act-2003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tree Plantation Agreements Act 2003","content":"![Crest]()Western Australia\n\nTree Plantation Agreements Act 2003\n\nWestern Australia\n\nTree Plantation Agreements Act 2003\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Definitions 2\n\n4. Application of Act 3\n\nPart 2 — Tree plantation agreements\n\n5. Entering into agreements 4\n\n6. Contents and formalities of agreements 4\n\nPart 3 — Registered tree plantation agreements\n\n7. Interest in land (plantation interest) created on registration of agreement 6\n\n8. Dealings in plantation interests 6\n\n9. Obligations etc. under registered agreements run with the land 7\n\n10. Plantation interests: other legal effects 7\n\n11. Registration of surrender of plantation interests: effect 7\n\nPart 4 — Miscellaneous\n\n12. No contracting out 8\n\n13. Regulations 8\n\nNotes\n\nCompilation table 9\n\n  \n\nWestern Australia\n\nTree Plantation Agreements Act 2003\n\nAn Act to provide for the making and effect of certain agreements, and for the creation and effect of certain interests in land, in relation to tree plantations, and for related matters.\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Tree Plantation Agreements Act 2003*.\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which the *Carbon Rights Act 2003* comes into operation.\n\n##### 3. Definitions\n\nIn this Act —\n\nagreement means an agreement that complies with section 6(1);\n\nagreement land, in relation to an agreement, means the land (including a leasehold interest) that is described under section 6(1)(e) as the subject of the agreement and, where relevant, identified under section 6(1)(f);\n\nCrown land has the same meaning as it has in the *Land Administration Act 1997*;\n\nowner, in relation to freehold land, means a person whose name is registered as a proprietor of the freehold land;\n\nplantation means one or more groups of planted trees;\n\nplantation interest means the interest in land referred to in section 7(1)(a);\n\nproduct, in relation to a tree in a plantation, includes the whole tree, a part of the tree or a thing produced by the tree whether or not the part of the tree or the thing produced by the tree is above or below the ground or has become separated from the tree before being harvested;\n\nregistered —\n\n(a) in relation to land that is under the operation of the *Transfer of Land Act 1893*, means registered under that Act; and\n\n(b) in relation to land that is subject to the *Registration of Deeds Act 1856*, means registered under that Act;\n\nRegistrar **—**\n\n(a) in relation to land that is under the operation of the *Transfer of Land Act 1893*, means the Registrar of Titles; and\n\n(b) in relation to land that is subject to the *Registration of Deeds Act 1856*, means the Registrar of Deeds and Transfers;\n\ntree means a perennial plant having one or more woody, self‑supporting trunks and includes a tree seedling and a sapling.\n\n[Section 3 amended: No. 47 of 2011 s. 16.]\n\n##### 4. Application of Act\n\n(1) This Act does not apply in relation to the management, harvesting or sale of forest products as defined by the *Forest Products Act 2000* on public land as defined by that Act, except to the extent to which section 5 provides.\n\n(2) Nothing in this Act —\n\n(a) is to be read as giving the Forest Products Commission or the CALM Act CEO the power to enter into an agreement under this Act; or\n\n(b) affects the respective powers that the Forest Products Commission or the CALM Act CEO has in relation to a timber sharefarming agreement as defined in the *Forest Products Act 2000* or the *Conservation and Land Management Act 1984*.\n\n(3) In this section —\n\nCALM Act CEO has the meaning given to “CEO” by section 3 of the *Conservation and Land Management Act 1984*.\n\n[Section 4 amended: No. 28 of 2006 s. 29.]\n\n## Part 2 — Tree plantation agreements\n\n##### 5. Entering into agreements\n\n(1) An owner of freehold land, a lessee of freehold land or a lessee of Crown land may enter into an agreement with another person by which that person agrees to do one or more of the following things on the land —\n\n(a) establish a plantation;\n\n(b) maintain a plantation;\n\n(c) harvest products from a plantation.\n\n(2) An agreement may be made in relation to the matters referred to in subsection (1)(b) or (1)(c) even if the plantation does not exist at the time the agreement is made.\n\n(3) Nothing in subsection (1) affects the operation of section 106 or 109 of the *Land Administration Act 1997*.\n\n##### 6. Contents and formalities of agreements\n\n(1) An agreement must —\n\n(a) be in writing;\n\n(b) state that it is an agreement under this Act;\n\n(c) provide for a thing referred to in section 5(1) to be done;\n\n(d) specify —\n\n(i) the day on which the agreement commences; and\n\n(ii) the term of the agreement;\n\n(e) contain the land description for the freehold land, leasehold interest or Crown land that is the subject of the agreement; and\n\n(f) identify, if the agreement is to be in respect of part only of the land referred to in paragraph (e), by way of words or a sketch, the part of the land that is the subject of the agreement.\n\n(2) Subject to subsection (1), an agreement may contain any provisions the parties agree to include.\n\n(3) An agreement entered into by a lessee of Crown land is of no effect unless section 18 of the *Land Administration Act 1997* has been complied with.\n\n(4) If a right of exclusive possession is conferred under an agreement, the agreement is not to be treated as a lease.\n\n(5) An agreement is not a lease or licence to use or occupy land or a subdivision of land to which section 135 or 136 of the *Planning and Development Act 2005* applies.\n\n[Section 6 amended: No. 38 of 2005 s. 15.]\n\n## Part 3 — Registered tree plantation agreements\n\n##### 7. Interest in land (plantation interest) created on registration of agreement\n\n(1) When an agreement is registered —\n\n(a) the property in the trees in a plantation that is the subject of the agreement becomes a separate interest, to be called a “plantation interest”, in the agreement land; and\n\n(b) the proprietor of a plantation interest under the agreement is each person who is registered as a proprietor of that interest.\n\n(2) Subsection (1)(a) applies even though the trees are affixed to the agreement land.\n\n(3) A plantation interest is, in relation to the relevant agreement land —\n\n(a) a hereditament; and\n\n(b) an encumbrance.\n\nNote for this section:\n\nThe definition of “land” in the *Transfer of Land Act 1893* includes hereditaments in freehold and Crown land.\n\n##### 8. Dealings in plantation interests\n\n(1) A plantation interest can be —\n\n(a) dealt with as a separate interest in the relevant agreement land, except that it cannot be varied;\n\n(b) the subject of a caveat or process of execution.\n\n(2) The operation of subsection (1) in relation to land under the operation of the *Transfer of Land Act 1893* is subject to —\n\n(a) Part IV Division 2B of that Act; and\n\n(b) any provision of that Act that applies by virtue of a plantation interest being —\n\n(i) a separate interest in land;\n\n(ii) land within the meaning of that Act;\n\n(iii) an encumbrance; or\n\n(iv) otherwise referred to in that Act.\n\n##### 9. Obligations etc. under registered agreements run with the land\n\nThe rights, obligations (including positive covenants) and restrictions that bind the owner or lessee of the agreement land under a registered agreement also burden, attach to, and run with, the agreement land, except to the extent that the agreement provides otherwise.\n\n##### 10. Plantation interests: other legal effects\n\n(1) Without limiting section 6(4), a plantation interest does not confer any right of possession.\n\n(2) A plantation interest is not a lease or licence to use or occupy land or a subdivision of land to which section 135 or 136 of the *Planning and Development Act 2005* applies.\n\n[Section 10 amended: No. 38 of 2005 s. 15.]\n\n##### 11. Registration of surrender of plantation interests: effect\n\n(1) When a surrender of the whole of a plantation interest is registered, all rights, obligations and restrictions under the relevant agreement cease to have effect, except to the extent that the agreement provides otherwise.\n\n(2) When a surrender of part of a plantation interest is registered, all rights, obligations and restrictions under the relevant agreement cease to have effect in respect of the surrendered part, except to the extent that the agreement provides otherwise.\n\n## Part 4 — Miscellaneous\n\n##### 12. No contracting out\n\nThe provisions of this Act apply despite anything to the contrary in an agreement.\n\n##### 13. Regulations\n\n(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to this Act.\n\n(2) Regulations made under this Act may provide that contravention of a regulation or a provision of a regulation constitutes an offence and provide for penalties not exceeding $5 000.\n\nNotes\n\n1 This is a compilation of the *Tree Plantation Agreements Act 2003* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Short title** | **Number and Year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Tree Plantation Agreements Act 2003* | 39 of 2003 | 30 Jun 2003 | 24 Mar 2004 (see s. 2 and *Gazette* 23 Mar 2004 p. 975) |\n| *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and *Gazette* 21 Mar 2006 p. 1078) |\n| *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 2 Div. 8 | 28 of 2006 | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and *Gazette* 27 Jun 2006 p. 2347) |\n| *Statutes (Repeals and Minor Amendments) Act 2011* s. 16 | 47 of 2011 | 25 Oct 2011 | 26 Oct 2011 (see s. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nagreement 3\n\nagreement land 3\n\nCALM Act CEO 4(3)\n\nCrown land 3\n\nowner 3\n\nplantation 3\n\nplantation interest 3\n\nproduct 3\n\nregistered 3\n\nRegistrar 3\n\ntree 3\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains targeted to creating and giving effect to written, registrable plantation agreements and the separate plantation interest in trees. Amendments reflected in the current text appear to be technical and consequential (cross‑references to planning and administrative statutes, updates to defined terms and agency references — see compilation notes and amendment citations), rather than expanding the Act’s substantive scope beyond its original purpose of providing a registrable property mechanism for plantation trees. The core mechanics (agreements, registration creating a plantation interest, obligations running with the land, no contracting out) are unchanged in kind."},"complexity_factors":["Short Act: 13 substantive sections (plus preliminary definitions and notes)","Around 11 defined terms in section 3","Multiple cross-references to other statutes (Transfer of Land Act 1893; Registration of Deeds Act 1856; Land Administration Act 1997; Forest Products Act 2000; Conservation and Land Management Act 1984; Planning and Development Act 2005; Carbon Rights Act 2003) increasing interpretive reliance on other texts (see ss.2,3,4,8(2),10(2))","Registration is a key conditional trigger creating a new property interest (ss.6–7) — conditional logic depends on registration","Exception and exclusion rules (Act does not apply to certain public land forestry operations; public agencies excluded from entering agreements) (s.4)","Limited but important substantive constraints: plantation interest cannot be varied once created (s.8(1)(a)) and does not confer possession (s.10(1))","Provisions that make registered agreement rights run with the land (s.9), creating successor liability considerations","Surrender mechanics that extinguish rights wholly or partly on registration of surrender (s.11)","A statutory non‑derogation (no contracting out) that overrides private drafting (s.12)","Regulatory head of power with monetary penalties (s.13(2))"],"plain_english_summary":"**What this law does (mechanically)\n\n- Allows an owner or lessee of land (freehold or Crown lease) to enter a written agreement with another person to establish, maintain or harvest a plantation of trees on that land (see section 5).\n\n- Sets formal requirements for those agreements: they must be in writing, state they are made under this Act, specify start date and term, and identify the land or part of the land that is covered (see section 6(1)).\n\n- Provides that, if such an agreement is registered, the property in the trees covered by the agreement becomes a separate legal interest in the land — called a “plantation interest” — which is treated as a hereditament (a transferable property interest) and an encumbrance on the land (see section 7).\n\n- Gives legal effect to plantation interests: they can be dealt with separately (for example, transferred or mortgaged) and can be the subject of caveats or execution processes, but they cannot be varied once created (see section 8(1)). Registration is subject to the ordinary land registration rules that apply to the land (section 8(2)).\n\n- Provides that rights, obligations and restrictions in a registered agreement bind the land and run with it — they attach to the land and bind future owners or lessees unless the agreement says otherwise (see section 9).\n\n- Makes clear that a plantation interest does not give a possession right over the land (it only concerns property in the trees) and that it is not to be treated as a lease or licence for planning/subdivision purposes (see section 10).\n\n- Explains that when a full or partial surrender of a plantation interest is registered, the rights and obligations under the agreement cease for the surrendered portion unless the agreement provides otherwise (see section 11).\n\n- Contains application limits: the Act does not apply to management/harvesting/sale of forest products on public land as governed by the Forest Products Act 2000 (subject to a narrow exception in section 5) and it does not give certain public bodies (the Forest Products Commission or the CALM Act CEO) power to enter agreements under this Act (see section 4).\n\n- Prevents parties from contracting out of the Act — the statutory provisions apply despite contrary agreement terms (see section 12).\n\n- Allows the Governor to make regulations (penalties for breach may be up to $5,000) (see section 13).\n\n\nWho this affects\n\n- Private landowners and lessees who want to host plantations or contract others to establish, maintain or harvest trees on their land.\n- Investors, contractors or lenders who take an interest in plantation products (the registered plantation interest can be transferred, mortgaged or caveated).\n- Future purchasers or lessees of the land, because registered agreements and the obligations in them run with the land and bind successors.\n- Public bodies and users of public land are largely governed by separate legislation (Forest Products Act 2000 and Conservation and Land Management Act 1984) and are excluded from using this Act to acquire power to enter agreements (section 4).\n\n\nWhy it matters (official purpose and a practical test)\n\n- The official purpose is to allow property rights in plantation trees to be separated from the land and to provide a clear, registrable legal mechanism for contracting about plantations. That is, to make the trees/property in trees a distinct, registrable interest that can be secured and traded (see sections 5–7).\n\n- Practical implications and trade-offs:\n  - Benefits: Registration creates an enforceable, transferable interest in plantation products that can be used as security or assigned — this can lower investor risk and facilitate financing for plantation establishment (see s.7 and s.8).\n  - Costs and burdens: Landowners who register agreements or whose land is subject to a registered agreement may carry covenants and obligations that bind the land and future owners (s.9). That can complicate sale, development or other uses of the land and add compliance and transaction costs (see s.6(1), s.9).\n  - Legal boundaries: The plantation interest does not include possession of the land (s.10(1)) and is distinct from leases or licences under planning law (s.6(4), s.10(2)). Parties cannot contract out of the Act’s statutory effects (s.12), which limits private freedom to alter how statutory land effects operate.\n  - Interaction with other regimes: Registration and legal effect are tied into existing land registration systems (Torrens or deed systems) and other legislation (Transfer of Land Act 1893, Registration of Deeds Act 1856, Land Administration Act 1997 and planning and forest laws). That produces implementation complexity and requires attention to competing statutory regimes (see s.3 definitions, s.4, s.8(2)).\n\n\nConcrete behaviour changes the law creates\n\n- Encourages use of written, registrable plantation agreements rather than informal contracts, because registration creates separate, marketable property rights (s.6, s.7).\n- Shifts some future control of plantation products from landowners to holders of plantation interests where registered — the registered proprietor of the plantation interest is the person recorded as proprietor of that interest (s.7(1)(b)).\n- Imposes lasting obligations on land (positive covenants) where agreements are registered; those obligations travel with the land unless the agreement provides otherwise (s.9).\n\n\nKey sections to read first: sections 5 (who may enter agreements and what they can cover), 6 (formal requirements), 7 (what registration creates), 8–11 (how plantation interests operate), and 12 (no contracting out).\n\n---\n\nSources: Tree Plantation Agreements Act 2003 — see sections cited above. The description of the official aim (separating property in trees and enabling registration) is taken from the Act’s mechanism (ss.5–7); the analysis of costs, incentives and trade-offs tests that mechanism against who bears obligations (s.9), registration effects (ss.7–8), and anti‑contracting‑out (s.12)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of facilitating tree plantation agreements and creating registrable plantation interests. The amendments shown in the compilation table are purely consequential — updating references to renamed Acts (Planning and Development Act 2005) and machinery of government changes — without expanding the substantive scope beyond tree plantations."},"complexity_factors":["Short statute (13 sections across 4 Parts)","Only 11 defined terms in the interpretation section","Limited cross-referencing — primarily references to the Transfer of Land Act 1893, Registration of Deeds Act 1856, and Land Administration Act 1997","Straightforward conditional logic with minimal nesting (primarily simple exceptions in sections 4 and 6)","Clear structural separation between agreement formation (Part 2), registration effects (Part 3), and miscellaneous provisions (Part 4)","No delegated legislative powers beyond standard regulation-making (section 13)","Amendments are minor and technical (updating references to other Acts) rather than substantive"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal framework for **tree plantation agreements** in Western Australia. It allows landowners (or leaseholders) to enter into contracts with other parties to establish, maintain, or harvest trees on their land.\n\n**Key features:**\n\n- **Creates a new type of property right** called a \"plantation interest\" — when a tree plantation agreement is registered, the trees themselves become a separate legal interest in the land (like a mortgage or easement). This means the trees can be owned, sold, or used as security independently of the land itself.\n\n- **Who can use it:**\n  - Freehold landowners\n  - Leaseholders of freehold land  \n  - Leaseholders of Crown (government) land\n\n- **What agreements must include:** Written contracts that specify the land, duration, and whether the agreement covers establishing, maintaining, or harvesting trees.\n\n- **Important protections:**\n  - The agreement \"runs with the land\" — if the property is sold, the new owner is bound by the agreement\n  - Plantation interests can be traded separately from the land\n  - Parties cannot \"contract out\" of the Act's requirements\n\n- **What it explicitly is NOT:** These agreements don't count as leases or subdivisions for planning purposes, even if they grant exclusive possession rights.\n\n**Why it matters:**\n\nThis legislation enables **carbon farming** and commercial forestry by allowing trees to be treated as a tradeable asset separate from land ownership. It provides certainty for investors in long-term tree plantations (which may take decades to mature) by ensuring their rights are registered and protected even if the underlying land changes hands."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent as the legislative text was not available in the provided source material. Only a website error page was captured."},"complexity_factors":["No actual legislative text was provided — only a broken webpage error message","Cannot assess true complexity without the substantive provisions of the Act","Score of 2 reflects minimal complexity of the error page itself, not the legislation"],"plain_english_summary":"The Tree Plantation Agreements Act 2003 (WA) appears to set a legal framework for formal agreements allowing commercial tree plantations on private or Crown land. It would affect landowners, plantation operators and buyers by defining rights, obligations and how plantation interests persist with title changes, making it important for land use, investment and dispute risks.\n\nThe source text is unavailable here — check the WA Legislation website or Parliamentary Counsel for the current Act."}},"importantCases":[],"_links":{"self":"/api/acts/tree-plantation-agreements-act-2003","history":"/api/acts/tree-plantation-agreements-act-2003/history","analysis":"/api/acts/tree-plantation-agreements-act-2003/analysis","conflicts":"/api/acts/tree-plantation-agreements-act-2003/conflicts","importantCases":"/api/acts/tree-plantation-agreements-act-2003/important-cases","documents":"/api/acts/tree-plantation-agreements-act-2003/documents"}}