(1) The provisions of
an agreement may be varied by an instrument of variation in an approved form
that sets out the variations and the conditions (if any) on which the
variations are made, and that is signed by each proprietor of —
(a) the
plantation interest that is the subject of the agreement; and
(b) the
agreement land.
(2) An instrument of
variation of an agreement —
(a) may
be used to vary the provisions of the agreement if the Registrar is satisfied
that the agreement if varied as proposed would continue to comply with
section 6(1) of the Tree Plantation Agreements Act 2003 ; and
(b)
shall not be used to effect —
(i)
a change to the proprietors of a plantation interest or
the relevant agreement land; or
(ii)
a change to the area of the agreement land to which the
plantation interest that is the subject of the agreement applies; or
(iii)
an extension or other change to the term of a plantation
interest.
(3) An instrument of
variation of an agreement shall not be registered unless it is accompanied by
—
(a) the
written consent of —
(i)
each person who has a registered interest in the
agreement land; and
(ii)
if the agreement was entered into by a lessee of freehold
land or Crown land —
(I) each person who is a proprietor of the
freehold land or Crown land that is the subject of the lease; and
(II) each person who
has a registered interest in the freehold land or Crown land the subject of
the lease that was registered subsequent to the registration of the agreement;
and
(iii)
each person who has a registered interest in the
plantation interest that is the subject of the agreement;
and
(b) the
prescribed fee.
(4) Subsection (3)
does not require the written consent of a person whose signature to an
instrument of variation of an agreement is required under subsection (1)(a) or
(b).
(5) If an agreement is
entered into by a lessee of Crown land, an instrument of variation of the
agreement shall not be registered unless there is compliance with section 18
of the Land Administration Act 1997 .
[Section 104P inserted: No. 56 of 2003 s. 14.]