Forestry Act, 1946

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Registration under the Registration of Title Act, 1891, of certain conditions and orders.

54.—(1) In this section—

the expression “the registering authority” means the registering authority under the Act of 1891;

the expression “registered land” means land registered under the Act of 1891.

(2) Where—

(a) any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a limited felling licence or to a utilisation (exempted trees) order, and

(b) any land on which trees are to be planted or preserved in pursuance of the said condition or conditions is registered land,

the Minister shall, as soon as may be after granting the licence or making the order, send a copy thereof to the registering authority who shall thereupon register the said condition or conditions attached thereto as a burden affecting such land.

(3) Where—

(a) conditions are, by virtue of subsection (3) of section 48 of this Act, attached to a felling licence under the Act of 1928, and

(b) the land on which trees are to be planted in pursuance of such conditions is registered land,

the Minister shall, as soon as may be after the operative date, send a copy of the licence to the registering authority who shall thereupon register the said conditions as a burden affecting such land,

(4) Where—

(a) afforestation conditions are attached to a general felling licence, and

(b) the land on which trees are to be planted in pursuance of the conditions is registered land,

the Minister shall, as soon as may be after granting the licence, send a copy thereof to the registering authority who shall thereupon register the afforestation conditions as a burden affecting such land.

(5) Where—

(a) a replanting order is served on any person, and

(b) the land on which trees are to be planted in pursuance of such order is registered land,

the Minister shall, as soon as may be after the service of the order, send a copy thereof to the registering authority who shall register the order as a burden affecting such land.

(6) Where a burden affecting any land has been registered under this section, and the burden has been discharged in whole or in part, or has been modified,—

(a) the Minister, on an application therefor being made to him, in the prescribed form, by the owner for the time being of the land, shall issue to the registering authority a certificate stating the extent to which the burden has, in his opinion, been discharged or modified and also issue a copy thereof to the owner, and

(b) the registering authority shall, on receipt of the certificate, register it as proof of the discharge or partial discharge or modification (according to the terms of the certificate) of the burden.

(7) No fees shall be payable in respect of any proceedings in the Land Registry under this section.