QLDIn ForceAct
Forestry Act 1959
sec.61JBRegistration of forest consent agreement as profit a prendre
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### sec.61JB Registration of forest consent agreement as profit a prendre
A forest consent agreement must be registered as a profit a prendre.
The profit a prendre must first be registered over the existing lease by the registrar of titles.
For the subsequent issue of any freeholding lease or deed of grant, see the Land Act 1994 , section 172 (5) that provides for the issue of new tenures subject to all registered interests.
The forest consent agreement continues in force as an agreement until the profit a prendre is released or removed.
See the Land Act 1994 , section 373O and the Land Title Act 1994 , section 97L .
If the forest consent agreement stops being in force—
the forest consent area stops being a forest consent area under this Act; and
all forest products on the forest consent area are no longer the property of the State and become the property of the lessee of the freeholding lease, or the registered owner under the deed of grant, for the land that included the forest consent area.
If the chief executive agrees to release the profit a prendre, the chief executive’s agreement may be made conditional on the other party to the forest consent agreement paying the State the value of forest products on the forest consent area as decided by the chief executive.
s 61JB ins 2014 No. 29 s 16
amd 2021 No. 12 s 148 sch 3
(sec.61JB-ssec.1) A forest consent agreement must be registered as a profit a prendre.
(sec.61JB-ssec.2) The profit a prendre must first be registered over the existing lease by the registrar of titles. For the subsequent issue of any freeholding lease or deed of grant, see the Land Act 1994 , section 172 (5) that provides for the issue of new tenures subject to all registered interests.
(sec.61JB-ssec.3) The forest consent agreement continues in force as an agreement until the profit a prendre is released or removed. See the Land Act 1994 , section 373O and the Land Title Act 1994 , section 97L .
(sec.61JB-ssec.4) If the forest consent agreement stops being in force— the forest consent area stops being a forest consent area under this Act; and all forest products on the forest consent area are no longer the property of the State and become the property of the lessee of the freeholding lease, or the registered owner under the deed of grant, for the land that included the forest consent area.
(sec.61JB-ssec.5) If the chief executive agrees to release the profit a prendre, the chief executive’s agreement may be made conditional on the other party to the forest consent agreement paying the State the value of forest products on the forest consent area as decided by the chief executive.
- (a) the forest consent area stops being a forest consent area under this Act; and
- (b) all forest products on the forest consent area are no longer the property of the State and become the property of the lessee of the freeholding lease, or the registered owner under the deed of grant, for the land that included the forest consent area.