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Real estate issues associated with the implementation of a carbon trading framework : a rural landholders perspective

Blake, Andrea & Eves, Chris (2011) Real estate issues associated with the implementation of a carbon trading framework : a rural landholders perspective. In Proceedings of 2011 International Conference on Construction and Real Estate Management, China Architecture and Building Press, Guangzhou University Business Hotel, Guangzhou.

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Abstract

The issue of carbon sequestration rights has become topical following the United Nations Convention on Climate Change and the subsequent Kyoto Protocol which identified emissions trading as one of the mechanisms to reduce greenhouse gas emissions. The Australian Government has responded by initiating the Garnaut Climate Change Review which in its final report, proposed that an emissions trading scheme be introduced and set out some of the desirable features of such a trading scheme. This proposal has been the subject of much debate and at this stage there still seems to be little clarity surrounding the topic of emissions trading in Australia.

The treatment of rights to carbon sequestered in vegetation is also an issue when reconciled with the system of land tenure and ownership in many jurisdictions. These carbon property rights are treated differently in different Australian and international jurisdictions ranging from recognition of their new and unique nature to fitting them within a more established common law framework, e.g.a profit a prendre.

This paper identifies the treatment of these sequestered carbon rights within the wider property rights framework in Australia and considers issues that this treatment may inflict on land holders when there is a fracturing of ownership between the rights of the carbon in vegetation and the ownership of the land.

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ID Code: 48361
Item Type: Conference Paper
Keywords: rural, land, tenure, carbon, sequestration
ISSN: 9787112137015
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > COMMERCIAL SERVICES (150400) > Real Estate and Valuation Services (150403)
Divisions: Past > QUT Faculties & Divisions > Faculty of Built Environment and Engineering
Past > Schools > School of Urban Development
Copyright Owner: Copyright 2011 China Architecture & Building Press
Deposited On: 31 Jan 2012 22:38
Last Modified: 02 Feb 2012 11:42

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