CLIMATE CHANGE ACT 2010 (NO. 54 OF 2010)
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Application to Crown
PART 2--EMISSIONS TARGET, POLICY OBJECTIVES AND GUIDING PRINCIPLES
Division 1--Greenhouse gas emissions target
- 5 Greenhouse gas emissions target
Division 2--Policy objectives
Division 3--Guiding Principles
- 7 Guiding principles
- 8 Principle of informed decision making
- 9 Principle of integrated decision making
- 10 Principle of risk management
- 11 Principle of complementarity
- 12 Principle of equity
- 13 Principle of community engagement
PART 3--PLANNING FOR CLIMATE CHANGE
Division 1--Decision making
- 14 Decision makers to have regard to climate change
- 15 Ministerial guidelines
Division 2--Climate Change Adaptation Plan
- 16 Climate Change Adaptation Plan
- 17 Report on climate change and emissions data
- 18 Review of this Act
- 19 Review of this Act by Minister
PART 4--FORESTRY RIGHTS, CARBON SEQUESTRATION RIGHTS AND SOIL CARBON RIGHTS ON PRIVATE LAND
Division 1--Introductory
- 20 Application of Part
- 21 What is a forest carbon right?
- 22 What is a carbon sequestration right?
- 23 What is a forestry right?
- 24 What is a soil carbon right?
Division 2--Forest carbon rights
- 25 Forest carbon right is an interest in land
- 26 Creation and transfer of forest carbon rights
Division 3--Forestry and Carbon Management Agreements
- 27 Forestry and Carbon Management Agreements
- 28 Purpose of Forestry and Carbon Management Agreement
- 29 Management obligations
- 30 Security
- 31 Commencement of Forestry and Carbon Management Agreement
- 32 Recording of Forestry and Carbon Management Agreements
- 33 Effect of recording of agreement
- 34 Variation of Forestry and Carbon Management Agreement
- 35 Ending of Forestry and Carbon Management Agreement
- 36 Application to Registrar when agreement ends
- 37 Enforcement of Forestry and Carbon Management Agreement
- 38 Disputes in relation to ending Forestry and Carbon Management Agreements
- 39 Registrar to give effect to VCAT orders
PART 5--CARBON SEQUESTRATION ON CROWN LAND
Division 1--Application
- 40 Application
- 41 Native title rights not affected
Division 2--Use of Crown land for carbon sequestration
- 42 Declaration of land available for use for carbon sequestration
- 43 Role of Secretary in relation to carbon sequestration on Crown land
- 44 Carbon sequestration on encumbered Crown land
Division 3--Carbon Sequestration Agreements
- 45 Carbon Sequestration Agreements
- 46 Requirements for Carbon Sequestration Agreement
- 47 What may a Carbon Sequestration Agreement provide for?
- 48 Carbon Sequestration Agreement may also provide for security to be provided
- 49 Carbon Sequestration Agreement may also include provisions relevant to orderly planning of land
- 50 Notice of proposed Carbon Sequestration Agreement
- 51 Consent of lessee or licensee required for Carbon Sequestration Agreement
- 52 Matters to be considered by Secretary
- 53 Notice of making of Carbon Sequestration Agreement
- 54 Consent of Secretary required to assign rights under Carbon Sequestration Agreement
- 55 Ending of Carbon Sequestration Agreement
- 56 Register of Carbon Sequestration Agreements
Division 4--Fire suppression and prevention
- 57 Application
- 58 Directions by Secretary or authorised officer
- 59 Person must comply with direction
- 60 Secretary to reimburse for assistance
- 61 Division does not derogate from certain Acts
- 62 Enforcement
PART 6--GENERAL
Division 1--Environment Protection Act 1970
- 66 Definitions
- 67 Powers, duties and functions of Authority
- 68 New Division 1 substituted in Part IX
- 69 New Division 2 inserted in Part IX
- 70 Climate communities funding
- 71 Sections 70D and 70E substituted and 70F inserted
- 72 Regulations
Division 2--Amendment to other Acts
Division 3--Repeal of this Part
PART 8--REPEAL OF FORESTRY RIGHTS ACT 1996 AND CONSEQUENTIAL AMENDMENT OF OTHER ACTS