The Chancellor-General of Lands shall, at the request of the owner, establish a property register for forestry law. Forest Alliance means any contract, whether positive or restrictive, contained in a forest law registered under the Land Transfer Act, 2017 or in a variant thereof registered under this Act Without limiting the general power to make regulations under subsection (1), regulations may be published under this section that prescribe matters: that are necessary or appropriate for the regulation of the type of registration and form of forest rights in the context of land transfer. Act 2017. For the purposes of the Resource Management Act 1991, the establishment of a forest right is not considered a subdivision of the owner`s land, and any right of access created as an ancillary right to a forest right in the owner`s land is not considered to be the creation of a right of way under section 348 of the Local Government Act 1974. In a subdivision, forest rights will usually fall on new titles that will be created, as will other burdens such as easements or land alliances. As a result, it is quite possible to have land that is subject to a forest law, but not to have the forest on it; it may well be that the access path still leads through this property. Often, especially in previous forest rights, access routes are not clearly defined because harvesting the forest was so far into the future. However, there may be rights to create access through a plot of land, even if the forest is actually at a certain distance, or maybe even two or three plots. The issue report must be submitted within 20 days of the date of transfer. Participants must register before the forest right or lease is registered on the land title. To do this: any forest right to land can be registered in the same way under the 2017 Law on the Transfer of Land on the title of succession of the owner of the land, but subject to any modification required by the regulations published in Article 7 as they apply to a profit to be made (no forest law).
However, acceptance of the EE Code is limited to agreements establishing forest rights under the Forest Rights Registration Act 1983 and does not extend to other agreements filed under the AG Code. The holder or holder of a forest right registered in accordance with subsection (1) may at any time file a plan in accordance with section 224(4) of the Land Acquisition Act 2017 and in accordance with the regulations applicable on that behalf, specifying the area(s) that may be mutually agreed between the owner and the holder. and replaces for all intents and purposes the aerial diagram or photograph or a relevant part of the aerial diagram or photograph, and such plan, when filed, shall be deemed to be included in the grant or reserve. Notwithstanding any legal norm or equity to the contrary, any forest right is considered a profit to be made. Any forest law, if enforced by the signatory parties, has the force and effect of an act. Forest law means a right created in accordance with this Act Despite an act or the rule of law, the holder may, in accordance with this section, establish a forest right for the holder. Notwithstanding any legal norm or equity to the contrary, any forestry contract relating to the ownership of a covenanter or to land that may be bound by an agreement is binding on the heirs, unless the forest law to which it relates or a modification thereof expresses an intention to the contrary. Executors, administrators and assignees of the Covenantor. A forest right may be created by the owner of the land – granting or reserving access rights and rights to the construction and use of railways, culverts, bridges, buildings and other works and facilities, if such rights are subordinate and necessary for the purposes of subsection (1): you must notify MPI when you purchase, sell or transfer forest land, registered in the Emissions Trading System (ETS) after 1989. People who purchase forest land prior to 1990 should be aware of the ETS obligations they may face when converting forest land to another use. Find out what you need to do. Since 23 June 2020, there is a new procedure for transferring a stake on the basis of succession (inheritance).
When a registered member dies, the executor or administrator becomes the representative of the deceased member, but this is not a transfer of interest. A transfer of interest occurs when the forest area registered after 1989 is transferred from the executor or administrator to the successor. If this happens, within 20 working days of the transfer: A law providing for the creation and registration of the forest rights holder designates a person holding a forest right created under that law The unit balance (the obligation to repay the units accumulated during harvesting) remains with the land and must be paid when the registered forest is harvested. The original entrant does not give or transfer any of the nzU they have earned to the new entrant. This is a private matter to be considered by both parties in the context of the sale and purchase of registered land. If you own a registered forest right or lease, you must notify the landowner. If the Crown has an interest in the land, you must also notify the Crown. If a forest right or lease is granted and no opt-in participation form is submitted, the landowner of the ETS participants retains all obligations related to the ETS. Owner, with respect to the creation of a forest right in land, means the owner or lessee of the land or the holder of a deferred payment licence for the land under the Land Act 1948 Opt for participation (must be submitted before registration of the forest right or lease) Where a forest right is created on land for which no title deed has been issued in the Under the Land Transfer Act of 2017, forest law may be granted in accordance with Article 5A.
Both former and new landowners, forest rights holders or tenants must understand their obligations if forest land is sold or transferred before 1990. The country is still subject to the obligations of the ETS even after the change of ownership. Notwithstanding any legal standard or equity to the contrary, any forest law registered under this Section applies to and binds the land to which it relates and is considered participation in the land within the meaning of the Land Transfer Act 2017. If you transfer forest land listed in the ETS, you will also need to submit a mandatory emissions report (transfer) to calculate the change in your forest`s carbon stock. This determines whether you pay for or receive New Zealand Units (NZU). Since 1 January 2021, there is a new procedure for transferring participation in the registration of a forest right or a land title lease. If the landowner is the current SSE participant, the transfer of the EHS participation after the granting of a forest right or lease now requires consent. Participation in the EHS is only transferred from the landowner to the forest rights holder or tenant if both agree. For more information on your responsibilities when transferring land registered with the ETS, please see our factsheet on land and forestry transactions.
When participation in ETS is transferred, the new owner of the registered activity becomes the participant. .
