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Legal liability for carbon capture and storage in Australia : where should the losses fall?

Swayne, Nicola & Phillips, Angela (2012) Legal liability for carbon capture and storage in Australia : where should the losses fall? Environmental and Planning Law Journal, 29(3), pp. 189-216.

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Abstract

This article presents a critical analysis of the current and proposed CCS legal frameworks across a number of jurisdictions in Australia in order to examine the legal treatment of the risks of carbon leakage from CCS operations. It does so through an analysis of the statutory obligations and liability rules established under the offshore Commonwealth and Victorian regimes, and onshore Queensland and Victorian legislative frameworks. Exposure draft legislation for CCS laws in Western Australia is also examined. In considering where the losses will fall in the event of leakage, the potential tortious and statutory liabilities of private operators and the State are addressed alongside the operation of statutory protections from liability. The current legal treatment of CCS under the new Australian Carbon Pricing Mechanism is also critiqued.

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ID Code: 49720
Item Type: Journal Article
Funders: ARC
Keywords: energy and resources law, carbon rights, carbon capture and storage, clean energy regulation, torts , legal liability, pollution law
ISSN: 0813-300X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Institutes > Institute for Future Environments
Current > Schools > School of Law
Funding:
Copyright Owner: Copyright 2012 Thomson Reuters
Deposited On: 26 Apr 2012 08:58
Last Modified: 02 Oct 2014 13:04

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