From rights to responsibilities : reconceptualising carbon sequestration rights in Australia

Christensen, Sharon A., Duncan, William D. , Phillips, Angela, & O'Connor, Pamela (2013) From rights to responsibilities : reconceptualising carbon sequestration rights in Australia. Environmental and Planning Law Journal, 30(5).

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Abstract

Biosequestration of carbon in trees, forests and vegetation is a key method for mitigating climate change in Australia. To facilitate this, all States have enacted legislation for carbon sequestration rights, separating commercial rights in carbon from ownership of the land, trees and vegetation in which the carbon is sequestered. Ownership of carbon sequestration rights under state law is a prerequisite for the issue of carbon credits to proponents of ‘eligible sequestration offsets projects’ under the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) (‘Carbon Farming Act’). This article examines the extent to which current State carbon sequestration rights support the offsets regime established by the Carbon Farming Act. The Commonwealth Act is concerned with allocating responsibilities to ensure the maintenance of the carbon sequestration, while the State Acts confer commercial rights in the carbon and leave the responsibilities to be allocated by private agreements. The carbon sequestration rights as defined by state laws do not confer the rights of access and management over land that a project proponent needs in order to discharge its responsibilities to maintain the carbon sequestration.

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2 citations in Scopus
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ID Code: 61444
Item Type: Journal Article
Refereed: Yes
Funders: ARC
Keywords: Carbon Farming Initiative, Biosequestration, Carbon Credits, Climate Change, Carbon Sequestration Right
ISSN: 0813-300X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Funding:
Copyright Owner: Copyright 2013 Lawbook Co.
Deposited On: 19 Jul 2013 00:28
Last Modified: 04 Oct 2014 03:25

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