Section 88AB — Conveyancing Act 1919 (NSW)

(1) A forestry right shall, for all purposes, be deemed to be a profit à prendre.
(2) If a forestry right consists in whole or in part of a carbon sequestration right, the profit à prendre deemed to exist by subsection (1) in relation to the carbon sequestration right consists of the following—
(a) the profit from the land is taken to be the legal, commercial or other benefit (whether present or future) of carbon sequestration by any existing or future tree or forest on the land that is the subject of the carbon sequestration right,
(b) the right to take something from the land is taken to be the right to the benefit conferred by the carbon sequestration right.

Related sections

• s 87A — Definitions
• s 88 — Requirements for easements and restrictions on use of land
• s 88AA — Limitation of enforceability of profits à prendre
• s 88AC — Other easements and restrictions appurtenant to easements
• s 88A — Easements in gross
• s 88BA — Positive covenants for maintenance or repair

Research how courts apply s 88AB

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.