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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

  • 6 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

PART 7--AMENDMENTS TO ENVIRONMENT PROTECTION ACT 1970 AND OTHER ACTS

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

  • 74 Repeal of this Part  

PART 8--REPEAL OF FORESTRY RIGHTS ACT 1996 AND CONSEQUENTIAL AMENDMENT OF OTHER ACTS

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