Issues in negotiating a Carbon Sequestration Agreement for a Biosequestration Offsets Project

Christensen, Sharon A., Duncan, William D., Phillips, Angela, & O'Connor, Pamela (2013) Issues in negotiating a Carbon Sequestration Agreement for a Biosequestration Offsets Project. Australian Property Law Journal, 21(3), pp. 195-226.

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Abstract

Biosequestration of carbon in trees, forests and vegetation is a key method for offsetting greenhouse gas emissions. To facilitate it, the Commonwealth has introduced the Carbon Farming Initiative, a scheme whereby carbon credits can be earned for biosequestration offsets projects. The project proponent must acquire under state law a ‘carbon sequestration right’ which confers the benefit of the sequestered carbon on the land. Each State provides for an agreement associated with the carbon sequestration right between the landowner and the holder of the right (‘carbon sequestration agreement’). This article identifies some key risks and issues that must be considered in the drafting of a carbon sequestration agreement to support the successful operation of a biosequestration offsets project.

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ID Code: 58768
Item Type: Journal Article
Refereed: Yes
Funders: ARC
Additional URLs:
Keywords: Biosequestration, Carbon Farming Initiative, Carbon Sequestration, Carbon Sequestration Right, Greenhouse Gas Emissions
ISSN: 1038-5959
Subjects: 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 > Schools > School of Law
Funding:
Copyright Owner: Copyright 2013 LexisNexis Australia
Copyright Statement: Author CAN archive preprint (i.e. submitted version - pre-refereeing)
Deposited On: 02 Apr 2013 04:55
Last Modified: 02 Oct 2014 12:49

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