Download 10-054a - Victorian Legislation

Climate Change Act 2010
No. 54 of 2010
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
3
4
2
Purposes
Commencement
Definitions
Application to Crown
2
3
3
6
PART 2—EMISSIONS TARGET, POLICY OBJECTIVES AND
GUIDING PRINCIPLES
7
Division 1—Greenhouse gas emissions target
7
5
Greenhouse gas emissions target
Division 2—Policy objectives
6
7
7
Policy objectives
7
Division 3—Guiding Principles
8
7
8
9
10
11
12
13
Guiding principles
Principle of informed decision making
Principle of integrated decision making
Principle of risk management
Principle of complementarity
Principle of equity
Principle of community engagement
8
8
9
9
10
10
11
PART 3—PLANNING FOR CLIMATE CHANGE
12
Division 1—Decision making
12
14
15
Decision makers to have regard to climate change
Ministerial guidelines
Division 2—Climate Change Adaptation Plan
16
Climate Change Adaptation Plan
i
12
13
14
14
Section
Page
Division 3—Reporting and Review
17
18
19
15
Report on climate change and emissions data
Review of this Act
Review of this Act by Minister
15
16
17
PART 4—FORESTRY RIGHTS, CARBON SEQUESTRATION
RIGHTS AND SOIL CARBON RIGHTS ON PRIVATE LAND
18
Division 1—Introductory
18
20
21
22
23
24
Application of Part
What is a forest carbon right?
What is a carbon sequestration right?
What is a forestry right?
What is a soil carbon right?
Division 2—Forest carbon rights
25
26
19
Forest carbon right is an interest in land
Creation and transfer of forest carbon rights
Division 3—Forestry and Carbon Management Agreements
27
28
29
30
31
32
33
34
35
36
37
38
39
18
18
18
19
19
Forestry and Carbon Management Agreements
Purpose of Forestry and Carbon Management Agreement
Management obligations
Security
Commencement of Forestry and Carbon Management
Agreement
Recording of Forestry and Carbon Management Agreements
Effect of recording of agreement
Variation of Forestry and Carbon Management Agreement
Ending of Forestry and Carbon Management Agreement
Application to Registrar when agreement ends
Enforcement of Forestry and Carbon Management
Agreement
Disputes in relation to ending Forestry and Carbon
Management Agreements
Registrar to give effect to VCAT orders
19
19
20
20
21
22
23
23
24
24
25
26
26
27
27
28
PART 5—CARBON SEQUESTRATION ON CROWN LAND
29
Division 1—Application
29
40
41
Application
Native title rights not affected
ii
29
29
Section
Page
Division 2—Use of Crown land for carbon sequestration
42
43
44
Declaration of land available for use for carbon sequestration
Role of Secretary in relation to carbon sequestration on Crown
land
Carbon sequestration on encumbered Crown land
Division 3—Carbon Sequestration Agreements
45
46
47
48
49
50
51
52
53
54
55
56
Carbon Sequestration Agreements
Requirements for Carbon Sequestration Agreement
What may a Carbon Sequestration Agreement provide for?
Carbon Sequestration Agreement may also provide for security
to be provided
Carbon Sequestration Agreement may also include provisions
relevant to orderly planning of land
Notice of proposed Carbon Sequestration Agreement
Consent of lessee or licensee required for Carbon Sequestration
Agreement
Matters to be considered by Secretary
Notice of making of Carbon Sequestration Agreement
Consent of Secretary required to assign rights under Carbon
Sequestration Agreement
Ending of Carbon Sequestration Agreement
Register of Carbon Sequestration Agreements
Division 4—Fire suppression and prevention
57
58
59
60
61
Application
Directions by Secretary or authorised officer
Person must comply with direction
Secretary to reimburse for assistance
Division does not derogate from certain Acts
Division 5—Enforcement
62
30
31
31
32
32
33
33
34
35
35
36
36
37
37
38
38
38
38
38
39
39
39
39
Enforcement
39
PART 6—GENERAL
63
64
65
30
40
Application of planning laws
Regulations
Transitional provisions
40
40
41
iii
Section
Page
PART 7—AMENDMENTS TO ENVIRONMENT PROTECTION
ACT 1970 AND OTHER ACTS
42
Division 1—Environment Protection Act 1970
42
66
67
68
69
70
71
72
Definitions
Powers, duties and functions of Authority
New Division 1 substituted in Part IX
42
42
43
Division 1—Preliminary
43
49
Objects of this Part
49A
Definitions
New Division 2 inserted in Part IX
43
43
44
Division 2—Climate Covenants
44
49AQ Definition
49AR Climate covenants
49AS Additional requirements for climate covenants
49AT Notification of climate covenants
49AU List of covenants
Climate communities funding
Sections 70D and 70E substituted and 70F inserted
70D
Advisory Panel
70E
Functions of Advisory Panel
70F
Climate Communities Fund Account
Regulations
44
44
45
45
46
46
47
47
48
49
50
Division 2—Amendment to other Acts
73
Transport Integration Act 2010
Division 3—Repeal of this Part
74
50
51
Repeal of this Part
51
PART 8—REPEAL OF FORESTRY RIGHTS ACT 1996 AND
CONSEQUENTIAL AMENDMENT OF OTHER ACTS
75
76
77
78
79
80
81
50
Repeal of Forestry Rights Act 1996
Amendment of Conservation, Forests and Lands Act 1987
Amendment of Country Fire Authority Act 1958
Amendment of Crown Land (Reserves) Act 1978
Amendment of Forests Act 1958
Amendment of Sale of Land Act 1962
Repeal of this Part
__________________
iv
52
52
52
53
53
53
54
54
Section
Page
SCHEDULES
55
SCHEDULE 1—Acts and Decisions or Actions
55
SCHEDULE 2—Transitional Provisions
57
1
2
3
4
5
Definitions
Existing agreements and rights to continue
Existing agreements cannot be extended or varied
Existing agreements to be ended before new agreement
recorded
Forest carbon right cannot be created
═══════════════
57
57
57
58
58
ENDNOTES
59
INDEX
60
v
Victoria
Climate Change Act 2010†
No. 54 of 2010
[Assented to 14 September 2010]
Preamble
The Parliament of Victoria recognises on behalf of
the people of Victoria the overwhelming scientific
consensus that human activity is causing climate
change.
Climate change is a common concern of
humankind and responding to climate change is a
responsibility shared by all levels of government,
industry, communities and the people of Victoria.
Victoria is particularly vulnerable to the adverse
effects of climate change.
1
Climate Change Act 2010
No. 54 of 2010
s. 1
Early action is necessary to build Victoria's
capacity to respond to the challenges of climate
change and enable a more effective response and
reduce any economic and social impacts, ensuring
Victoria remains a prosperous and sustainable
State.
Early action to reduce greenhouse gas emissions
will ease the task of long term transition to an
environmentally sustainable economy.
There is a need for urgent responses to climate
change through coordinated State, Territory,
national and international efforts to reduce
greenhouse gas emissions.
The Parliament of Victoria recognises that some
changes in the earth's climate are inevitable,
despite all mitigation efforts and that early
consideration of future adaptation measures is
desirable.
The Parliament of Victoria therefore enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to establish a target to reduce Victoria's
greenhouse gas emissions;
(b) to facilitate the consideration of climate
change issues in specified areas of decision
making of the Government of Victoria;
(c) to promote collaboration, cooperation and
innovation in the Victorian response to
climate change by strengthening the role of
communities and other measures;
2
Climate Change Act 2010
No. 54 of 2010
Part 1—Preliminary
(d) to provide for a strategic response by the
Government of Victoria to climate change
through a Climate Change Adaptation Plan;
(e) to facilitate Victoria's contribution to
national and international carbon
sequestration efforts;
(f) to provide for the creation of forestry rights,
carbon sequestration rights and soil carbon
rights;
(g) to provide for Forestry and Carbon
Management Agreements in relation to
private land and Carbon Sequestration
Agreements in relation to Crown land;
(h) to promote transparency and accountability
by providing basic, accessible information to
the Victorian community on climate change.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2011, it comes into
operation on that day.
3 Definitions
In this Act—
adaptation means any change in natural or human
systems in response to actual or expected
climactic stimuli or their effects which
moderates harm or exploits beneficial
opportunities;
Carbon Sequestration Agreement means an
agreement under section 45;
carbon sequestration right has the meaning set
out in section 22;
3
s. 2
Climate Change Act 2010
No. 54 of 2010
s. 3
Part 1—Preliminary
climate change means a change of climate which
is attributed directly or indirectly to human
activity that alters the composition of the
global atmosphere and which is in addition
to natural climate variability observed over
comparable time periods;
Department means the Department of
Sustainability and Environment;
forest carbon right has the meaning set out in
section 21;
forest produce has the same meaning as in the
Forests Act 1958;
Forestry and Carbon Management Agreement
means an agreement entered into under
section 27;
forestry right has the meaning set out in
section 23;
greenhouse gas emissions means emissions of—
(a) carbon dioxide, methane, nitrous oxide
or sulphur hexafluoride; or
(b) a hydrofluorocarbon or a
perfluorocarbon that is specified in
regulations made under the National
Greenhouse and Energy Reporting Act
2007 of the Commonwealth;
instrument has the same meaning as in the
Transfer of Land Act 1958;
land has the same meaning as in the Transfer of
Land Act 1958;
old agreement means a forest property agreement
or carbon rights agreement existing under the
Forestry Rights Act 1996;
4
Climate Change Act 2010
No. 54 of 2010
Part 1—Preliminary
owner, in relation to land, includes any person
entitled to be registered as the registered
proprietor of that land;
public land manager, in relation to Crown land,
means—
(a) except as provided in paragraph (b), the
Minister, public authority or municipal
council responsible for the care or
management of the land; or
(b) in relation to reserved Crown land that
is managed by a committee of
management, the committee of
management;
Register has the same meaning as in the Transfer
of Land Act 1958;
Registrar has the same meaning as in the
Transfer of Land Act 1958;
relevant Act means—
(a) Crown Land (Reserves) Act 1978;
(b) Forests Act 1958;
(c) Land Act 1958;
(d) National Parks Act 1975;
(e) Sustainable Forests (Timber) Act
2004;
(f) Victorian Plantations Corporation
Act 1993;
Secretary has the same meaning as in the
Conservation, Forests and Lands Act
1987;
soil carbon right has the meaning set out in
section 24;
5
s. 3
Climate Change Act 2010
No. 54 of 2010
s. 4
Part 1—Preliminary
vegetation means any part of a plant, whether
alive or dead.
4 Application to Crown
This Act binds the Crown in right of the State of
Victoria and so far as the legislative power of the
Parliament extends, the Crown in all its other
capacities.
__________________
6
Climate Change Act 2010
No. 54 of 2010
Part 2—Emissions Target, Policy Objectives and Guiding Principles
PART 2—EMISSIONS TARGET, POLICY OBJECTIVES AND
GUIDING PRINCIPLES
Division 1—Greenhouse gas emissions target
5 Greenhouse gas emissions target
(1) The Minister must ensure that, by the year 2020,
the amount of Victoria's greenhouse gas emissions
is 20% below the amount of Victoria's greenhouse
gas emissions for the year 2000.
(2) The Minister may, for the purposes of subsection
(1), determine a figure that represents the amount
of Victoria's greenhouse gas emissions for the
year 2000 in accordance with the method
prescribed by the regulations.
Division 2—Policy objectives
6 Policy objectives
The Government of Victoria will endeavour to
ensure that policy developed by the Government
appropriately takes account of climate change if it
is relevant in the circumstances by having regard
to the following objectives—
(a) contributing to global and national emission
reductions;
(b) developing a portfolio of energy options for
a low carbon future for Victoria;
(c) helping communities and industries to adjust
to a carbon price;
(d) capitalising on new opportunities emerging
from a carbon price;
7
s. 5
Climate Change Act 2010
No. 54 of 2010
s. 7
Part 2—Emissions Target, Policy Objectives and Guiding Principles
(e) enabling Victoria's regions, industries and
communities to capture opportunities with
respect to the changing climate and adapt to
that changing climate;
(f) promoting the resilience of Victoria's natural
resources, ecosystems and biodiversity and
improving their management;
(g) managing risks to Victoria's infrastructure,
built environment and communities through
good planning and emergency response
systems;
(h) working in partnership with Victorians to
provide the knowledge and information
needed to respond effectively to climate
change;
(i) helping to ensure vulnerable communities
are not further disadvantaged as a result of
climate change;
(j) reducing emissions across the operations of
the Government of Victoria and ensuring
that climate change is considered in decision
making by the Government of Victoria.
Division 3—Guiding Principles
7 Guiding principles
The Minister must have regard to the principles
set out in this Division in administering
sections 16 and 17 if they are relevant in the
circumstances.
8 Principle of informed decision making
A decision should be based on—
(a) a comprehensive analysis of the best
practicably available information about the
potential impacts of climate change that are
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Climate Change Act 2010
No. 54 of 2010
Part 2—Emissions Target, Policy Objectives and Guiding Principles
relevant to the decision under consideration;
and
(b) the potential contribution to Victoria's
greenhouse gas emissions of the decision
under consideration.
9 Principle of integrated decision making
A decision should integrate the competing longterm and short-term environmental, economic,
health and other social considerations relating to
climate change to ensure that—
(a) all relevant issues relating to climate change
associated with the decision will be taken
into consideration during the decision
making process; and
(b) there is a proper examination of all the issues
which are relevant to climate change; and
(c) any measures adopted as a result of the
decision are cost effective and in proportion
to the problems relating to climate change
that are relevant to the decision.
10 Principle of risk management
(1) A decision should be based on—
(a) careful evaluation of the best practicably
available information about the potential
impacts of climate change to avoid, wherever
practicable, serious or irreversible damage
resulting from climate change; and
(b) an assessment of the consequences of each of
the options in making a decision having
regard to the risks of each of those options;
and
(c) managing and allocating the risks associated
with the potential impacts of climate change
in a manner that is easily seen and
9
s. 9
Climate Change Act 2010
No. 54 of 2010
s. 11
Part 2—Emissions Target, Policy Objectives and Guiding Principles
understood and endeavouring to achieve best
practice.
(2) A decision should not rely on a lack of full
scientific certainty as a reason to postpone
appropriate measures to prevent serious or
irreversible loss or damage as a result of climate
change.
11 Principle of complementarity
A decision of the Government of Victoria in
response to climate change should complement
any actions of the Commonwealth Government
relating to climate change including, but not
limited to, an emissions trading scheme and any
targets or caps on greenhouse emissions fixed by
the Commonwealth Government or the Parliament
of the Commonwealth.
12 Principle of equity
A decision should have regard to the following—
(a) opportunities should be created by the
present generation to increase the capacities
within that generation and future generations
to adapt to climate change;
(b) in particular, the present generation should
consider the opportunities to increase the
capacities to adapt to climate change of those
people most vulnerable to the potential
impacts of climate change;
(c) the present generation should ensure that the
health, diversity and productivity of the
environment is maintained or enhanced for
the benefit of future generations and that any
adverse impacts of climate change are
minimised for future generations;
10
Climate Change Act 2010
No. 54 of 2010
Part 2—Emissions Target, Policy Objectives and Guiding Principles
(d) the present generation should consider both
long and short term consequences of
decisions that may impact on climate change.
13 Principle of community engagement
Community involvement in decisions relating to
climate change that may affect members of the
community or members of the community in
future generations should be facilitated and this
includes—
(a) providing appropriate information to the
community; and
(b) providing opportunities for the community to
be involved in the decision; and
(c) providing for appropriate and adequate
public consultation with the community.
__________________
11
s. 13
Climate Change Act 2010
No. 54 of 2010
s. 14
Part 3—Planning for Climate Change
PART 3—PLANNING FOR CLIMATE CHANGE
Division 1—Decision making
14 Decision makers to have regard to climate change
(1) This section applies to any decision made or
action taken that is authorised by—
(a) the provision of an Act specified in
Schedule 1; or
(b) any other provision of an Act specified in
Schedule 1 that is prescribed; or
(c) any prescribed provision of a subordinate
instrument made under an Act specified in
Schedule 1.
(2) A person making a decision or taking an action
referred to in subsection (1) must have regard to—
(a) the potential impacts of climate change
relevant to the decision or action; and
(b) the potential contribution to Victoria's
greenhouse gas emissions of the decision or
action; and
(c) any guidelines issued by the Minister under
section 15.
(3) In having regard to the potential impacts of
climate change, the relevant considerations for a
person making a decision or taking an action are
potential—
(a) biophysical impacts;
(b) long and short term economic,
environmental, health and other social
impacts;
(c) beneficial and detrimental impacts;
12
Climate Change Act 2010
No. 54 of 2010
Part 3—Planning for Climate Change
(d) direct and indirect impacts;
(e) cumulative impacts.
(4) In having regard to the potential contribution to
Victoria's greenhouse gas emissions, the relevant
considerations for a person making a decision or
taking an action are potential—
(a) short and long term greenhouse gas
emissions;
(b) direct and indirect greenhouse gas emissions;
(c) increases and decreases in greenhouse gas
emissions;
(d) cumulative impacts of greenhouse gas
emissions.
(5) The requirements of this Division apply in
addition to and without limiting the power or duty
of a person making a decision or taking an action
referred to in subsection (1) to consider any other
matter.
(6) Nothing in this Division limits the power of a
person making a decision or taking an action not
referred to in subsection (1) to consider any
potential impacts of climate change or potential
contributions to Victoria's greenhouse gas
emissions in making any other decision or taking
any other action under any other Act or
subordinate instrument.
15 Ministerial guidelines
(1) The Minister may issue guidelines for a person
making a decision or taking an action referred to
in section 14(1) about the scope and application of
the requirements of that section to consider the
potential impacts of climate change and potential
contributions to Victoria's greenhouse gas
emissions.
13
s. 15
Climate Change Act 2010
No. 54 of 2010
s. 16
Part 3—Planning for Climate Change
(2) The Minister must consult with the Minister
administering an Act or subordinate instrument
referred to in section 14(1) before making a
guideline that relates to a decision or action under
that Act or subordinate instrument.
(3) The Minister must publish the guidelines in the
Government Gazette.
Division 2—Climate Change Adaptation Plan
16 Climate Change Adaptation Plan
(1) The Minister must prepare a Climate Change
Adaptation Plan that sets out—
(a) an outline and risk assessment of the
potential impacts of climate change on
various regions of Victoria specified in the
plan; and
(b) a statement of the Government of Victoria's
state-wide priorities and strategic responses
for adaptation to potential impacts of climate
change.
(2) The Minister must prepare the first plan on or
before 31 December 2012 and a new plan on or
before 31 December in every fourth year after that
date.
(3) The Minister must ensure that a new plan includes
a report on the implementation and effectiveness
of the previous plan.
(4) The Minister must cause a plan prepared under
this section to be laid before each House of the
Parliament within 10 sitting days of that House
after the completion of the plan.
14
Climate Change Act 2010
No. 54 of 2010
Part 3—Planning for Climate Change
Division 3—Reporting and Review
17 Report on climate change and emissions data
(1) The Minister must prepare a report on—
(a) Victoria's greenhouse gas emissions; and
(b) the science and data relevant to climate
change in Victoria; and
(c) the extent to which the amount of Victoria's
greenhouse gas emissions has been reduced
in relation to the amount of Victoria's
greenhouse gas emissions for the year 2000
determined under section 5(2).
(2) The Minister must ensure that the report sets
out—
(a) an overview and collation of information that
is published about estimated Victorian
greenhouse gas emissions; and
(b) a synthesis of the best practicably available
climate change science and its implications
for Victoria; and
(c) data on observed changes in climate in
Victoria; and
(d) any other information about Victoria's
greenhouse gas emissions or the science and
data relevant to climate change that the
Minister considers appropriate.
(3) The Minister must ensure that the report is
prepared on or before 31 December 2011 and on
or before 31 December in every second year after
that date.
(4) The Minister must cause a copy of the report to be
laid before each House of the Parliament within
10 sitting days of that House after the completion
of the report.
15
s. 17
Climate Change Act 2010
No. 54 of 2010
s. 18
Part 3—Planning for Climate Change
18 Review of this Act
(1) The Minister must ensure that an independent
review of this Act is completed before
31 December 2015.
(2) The Minister must ensure that the review is
conducted by persons who—
(a) in the opinion of the Minister possess
appropriate qualifications to undertake the
review; and
(b) include one or more persons who are not
employed by the State or a State authority
and have not, since the commencement of
this Act, provided services to the State or a
State authority under or in connection with a
contract.
(3) The persons conducting a review of the Act may
have regard to—
(a) other Victorian law relating to climate
change and any other law or policy relating
to climate change; and
(b) developments in climate change technologies
and best practice in response to climate
change; and
(c) any plan or report under section 16 and 17;
and
(d) whether the Act needs to be amended to
include new purposes, policy objectives or
programs.
(4) A person who undertakes the review must give the
Minister a written report of the review.
(5) The Minister must cause a copy of a review to be
laid before each House of the Parliament within
10 sitting days of that House after the completion
of the review.
16
Climate Change Act 2010
No. 54 of 2010
Part 3—Planning for Climate Change
19 Review of this Act by Minister
(1) If a Bill is introduced into a House of the
Parliament of the Commonwealth for an
enactment to provide for a national emissions
trading scheme in Australia, the Minister must
undertake a review of this Act without delay.
(2) The Minister must cause a copy of a review to be
laid before each House of the Parliament within
10 sitting days of that House after the completion
of the review.
__________________
17
s. 19
Climate Change Act 2010
No. 54 of 2010
s. 20
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
PART 4—FORESTRY RIGHTS, CARBON SEQUESTRATION
RIGHTS AND SOIL CARBON RIGHTS ON PRIVATE LAND
Division 1—Introductory
20 Application of Part
This Part does not apply to—
(a) unalienated Crown land or reserved Crown
land; or
(b) land in an identified folio under the Transfer
of Land Act 1958; or
(c) a lease of Crown land registered under the
Transfer of Land Act 1958; or
(d) land not under the Transfer of Land Act
1958; or
(e) carbon that is owned by the Crown in
accordance with the Greenhouse Gas
Geological Sequestration Act 2008 or
carbon sequestered in an underground
geological storage formation within the
meaning of that Act.
21 What is a forest carbon right?
In this Act forest carbon right means—
(a) a carbon sequestration right; or
(b) a forestry right; or
(c) a soil carbon right.
22 What is a carbon sequestration right?
In this Act carbon sequestration right means an
exclusive right to the economic benefits
associated with carbon sequestered by vegetation
other than vegetation that has been harvested,
lopped or felled.
18
Climate Change Act 2010
No. 54 of 2010
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
23 What is a forestry right?
In this Act forestry right means an exclusive right
to—
(a) plant, establish, manage and maintain
vegetation on land; and
(b) take and deal with any vegetation that has
been harvested, lopped or felled—
and includes a right of entry to land for that
purpose.
24 What is a soil carbon right?
In this Act soil carbon right means an exclusive
right to the economic benefits of carbon
sequestered underground, excluding carbon stored
within plants.
Division 2—Forest carbon rights
25 Forest carbon right is an interest in land
(1) A forest carbon right is an interest in land.
(2) A forest carbon right is not an easement or right of
way.
26 Creation and transfer of forest carbon rights
(1) A forest carbon right may be created by the
execution of an instrument of transfer of the right
by a person who is the registered proprietor of a
freehold or leasehold estate in land to which the
right applies.
(2) If land is subject to a lease registered under the
Transfer of Land Act 1958, the registered
proprietor of a freehold estate in land cannot
create a forest carbon right in relation to the land
for any part of the term of the lease unless the
lessee consents to the creation of the right.
19
s. 23
Climate Change Act 2010
No. 54 of 2010
s. 27
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
(3) An instrument of transfer creating a forest carbon
right must be in a form approved by the Registrar
under the Transfer of Land Act 1958.
(4) The instrument of transfer must specify each
forest carbon right that is created.
(5) The instrument of transfer must include a
statement expressly stating that the forest carbon
right is created in accordance with this Act.
(6) The Registrar may register under the Transfer of
Land Act 1958 a forest carbon right that is
created by instrument of transfer under this
section.
(7) The Registrar must not register more than one of
each of the following in respect of particular
land—
(a) a carbon sequestration right;
(b) a forestry right;
(c) a soil carbon right.
(8) A registered forest carbon right—
(a) subject to this Part, may be dealt with under
the Transfer of Land Act 1958; and
(b) may be transferred under that Act for a term
of not less than 3 years.
(9) A registered forest carbon right cannot be varied.
Division 3—Forestry and Carbon Management Agreements
27 Forestry and Carbon Management Agreements
(1) The registered proprietor of a freehold or
leasehold estate in land may enter into a Forestry
and Carbon Management Agreement in
accordance with this Act with the owner of a
forest carbon right (if any) relating to the land and
with any other person.
20
Climate Change Act 2010
No. 54 of 2010
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
(2) A public authority may be a party to a Forestry
and Carbon Management Agreement for the
purpose of—
(a) carrying out its functions in relation to native
vegetation or soil management and
biodiversity conservation; or
(b) carrying out its functions under any law
affecting vegetation or soil.
(3) A Forestry and Carbon Management Agreement
must include a statement that the agreement is a
Forestry and Carbon Management Agreement
under this Act.
(4) No more than one Forestry and Carbon
Management Agreement can be entered into in
respect of the same area of land.
28 Purpose of Forestry and Carbon Management
Agreement
(1) The purpose of a Forestry and Carbon
Management Agreement is to provide for the
imposition of management obligations in relation
to all or any of the following—
(a) carbon sequestration by vegetation;
(b) carbon sequestration underground;
(c) the management of vegetation.
(2) An obligation under a Forestry and Carbon
Management Agreement is not a restrictive
covenant.
(3) An obligation under a Forestry and Carbon
Management Agreement may be positive or
negative in nature.
21
s. 28
Climate Change Act 2010
No. 54 of 2010
s. 29
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
29 Management obligations
(1) A Forestry and Carbon Management Agreement
must specify—
(a) in relation to the harvesting of vegetation—
(i) who is entitled to control decisions
about the timing and extent of
harvesting of vegetation; or
(ii) the process for determining how those
decisions will be made;
(b) any obligations agreed to by the parties in
relation to the preservation, enhancement or
management of vegetation or soil.
(2) A Forestry and Carbon Management Agreement
may include any other provisions the parties
consider desirable including—
(a) requirements for compliance with the
requirements under any enactment in relation
to vegetation; and
(b) requirements for biodiversity conservation;
and
(c) prohibitions and restrictions on the use and
development of land; and
(d) other provisions relating to the management
and use of land; and
(e) provisions for the ending or conversion of an
old agreement.
(3) An obligation specified in a Forestry and Carbon
Management Agreement may be placed on all or
any of the following—
(a) any owner of land;
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Climate Change Act 2010
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Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
(b) any other party to the agreement.
Note
Land is defined to include any interest in land which may
include a forest carbon right.
30 Security
A Forestry and Carbon Management Agreement
may include conditions—
(a) requiring a party to the agreement to deposit
with a person specified in the agreement—
(i) a sum of money fixed in, or determined
in accordance with, the agreement; or
(ii) an undertaking to pay that sum together
with security in a form determined by
or in accordance with the agreement; or
(iii) any other form of security provided for
by or under the agreement;
(b) requiring the sum or part of the sum to be
forfeited if there is any failure by the owner
to carry out the agreement;
(c) providing that any money deposited must be
returned to the relevant party on a date or
dates specified to the extent that it has not
been forfeited.
31 Commencement of Forestry and Carbon
Management Agreement
(1) A Forestry and Carbon Management Agreement
comes into effect on—
(a) the date that it is executed by the parties; or
(b) any later date specified in the agreement.
23
s. 30
Climate Change Act 2010
No. 54 of 2010
s. 32
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
(2) A Forestry and Carbon Management Agreement is
binding on—
(a) the parties to the agreement; and
(b) any person who has consented to the
agreement.
32 Recording of Forestry and Carbon Management
Agreements
(1) The registered proprietor of a relevant interest
who is a party to a Forestry and Carbon
Management Agreement may apply to the
Registrar to record the agreement on any folio of
the Register for land to which the agreement
applies.
(2) The application must—
(a) be in a form approved by the Registrar under
the Transfer of Land Act 1958; and
(b) be accompanied by a copy of the Forestry
and Carbon Management Agreement.
(3) The Registrar may make a recording of the
Forestry and Carbon Management Agreement in
the Register if the application complies with
subsection (2).
(4) In this section relevant interest means—
(a) a fee simple estate; or
(b) a leasehold estate; or
(c) a forest carbon right.
33 Effect of recording of agreement
In addition to section 31, on and from the
recording of a Forestry and Carbon Management
Agreement in the Register, the obligations
specified in the agreement run with the land
affected and are binding on any person who
24
Climate Change Act 2010
No. 54 of 2010
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
derives title to an estate or interest in the land
from a party to the agreement.
34 Variation of Forestry and Carbon Management
Agreement
(1) The obligations under a Forestry and Carbon
Management Agreement may be varied with the
consent of all persons who are bound by the
agreement.
(2) A variation cannot be made to a Forestry and
Carbon Management Agreement to—
(a) transfer or assign a forest carbon right; or
(b) vary a forest carbon right; or
(c) vary the date on which the agreement ends;
or
(d) vary the land to which the agreement applies;
or
(e) vary the parties to the agreement.
(3) The registered proprietor of a relevant interest in
land to which a Forestry and Carbon Management
Agreement applies may apply to the Registrar to
record the variation to the agreement in the
Register.
(4) Sections 32 and 33 apply to an application to
record a variation of a Forestry and Carbon
Management Agreement as if it were an
application to record the agreement.
(5) In this section relevant interest means—
(a) a fee simple estate; or
(b) a leasehold estate; or
(c) a forest carbon right.
25
s. 34
Climate Change Act 2010
No. 54 of 2010
s. 35
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
35 Ending of Forestry and Carbon Management
Agreement
(1) A Forestry and Carbon Management Agreement
may provide that the agreement ends on a date
specified in the agreement.
(2) If no date is specified in a Forestry and Carbon
Management Agreement for the ending of the
agreement, the agreement may be ended by
agreement between the persons bound by the
agreement.
(3) An agreement may be ended either wholly or in
relation to a particular area of land.
36 Application to Registrar when agreement ends
(1) The registered proprietor of a relevant interest in
land to which a Forestry and Carbon Management
Agreement applies may apply to the Registrar to
remove the recording in the Register relating to
that land if the agreement ends in accordance with
section 35 in relation to that land.
(2) The application must be in the form approved by
the Registrar under the Transfer of Land Act
1958.
(3) The Registrar may remove any recording in the
Register to which the application relates if the
application is in accordance with this section.
(4) In this section relevant interest means—
(a) a fee simple estate; or
(b) a leasehold estate; or
(c) a forest carbon right.
26
Climate Change Act 2010
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Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
37 Enforcement of Forestry and Carbon Management
Agreement
(1) A person who is bound by a Forestry and Carbon
Management Agreement may apply to VCAT to
enforce the agreement.
(2) On an application under this section, VCAT
may—
(a) order a person to comply with a requirement
specified within the Forestry and Carbon
Management Agreement; or
(b) order a person to reinstate land that has been
developed in contravention of the agreement;
or
(c) make any other order it considers
appropriate.
38 Disputes in relation to ending Forestry and Carbon
Management Agreements
(1) This section applies to a dispute involving the
ending of a Forestry and Carbon Management
Agreement.
(2) A person who is bound by the agreement may
apply to VCAT for a declaration or order
resolving the dispute.
(3) Without limiting the orders that VCAT can make
on an application under this section, VCAT may
make a declaration as to whether the Forestry and
Carbon Management Agreement has ended.
27
s. 37
Climate Change Act 2010
No. 54 of 2010
s. 39
Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights
on Private Land
39 Registrar to give effect to VCAT orders
In any proceeding in VCAT under section 37
or 38 relating to land, if VCAT directs the
Registrar to make any amendment to the Register
or otherwise to do any act or make any recordings
necessary to give effect to an order of VCAT, the
Registrar must obey that direction.
__________________
28
Climate Change Act 2010
No. 54 of 2010
Part 5—Carbon Sequestration on Crown Land
PART 5—CARBON SEQUESTRATION ON CROWN LAND
Division 1—Application
40 Application
(1) This Part applies to unalienated Crown land and
reserved Crown land.
(2) This Part applies to any Crown land that is subject
to a lease whether or not that lease is registered
under the Transfer of Land Act 1958.
(3) This Part does not apply to—
(a) carbon that is owned by the Crown in
accordance with the Greenhouse Gas
Geological Sequestration Act 2008; or
(b) carbon sequestered in an underground
geological storage formation within the
meaning of that Act; or
(c) an underground geological storage formation
within the meaning of that Act.
(4) Nothing in this Part alters the ownership or
control of Crown land under any other Act.
41 Native title rights not affected
Rights created under this Part in relation to Crown
land are not intended and are not to be taken to
extinguish native title rights to the extent that they
exist in relation to that land.
29
s. 40
Climate Change Act 2010
No. 54 of 2010
s. 42
Part 5—Carbon Sequestration on Crown Land
Division 2—Use of Crown land for carbon sequestration
42 Declaration of land available for use for carbon
sequestration
(1) The Governor in Council, on the recommendation
of the Minister, may by Order published in the
Government Gazette do one or more of the
following—
(a) declare specified Crown land or classes of
Crown land to be available for carbon
sequestration;
(b) direct that any forest produce on Crown land
be placed under the control and management
of the Secretary;
(c) invite expressions of interest for the use or
development of Crown land for carbon
sequestration purposes.
(2) The Minister must not make a recommendation
for an Order under subsection (1)(a) unless the
Minister is satisfied that—
(a) the land is suitable for the sequestration of
carbon by vegetation or in soil; and
(b) the use of the land for that purpose would not
be contrary to the public interest.
(3) The Minister must not make a recommendation
for an Order under subsection (1)(b) unless the
Minister responsible for the Act under which the
right to forest produce was granted has consented
to the recommendation.
(4) An order made under subsection (1)(b) may be
subject to any conditions specified in the Order.
30
Climate Change Act 2010
No. 54 of 2010
Part 5—Carbon Sequestration on Crown Land
43 Role of Secretary in relation to carbon sequestration
on Crown land
(1) Subject to this Part, the Secretary may—
(a) manage Crown land for the purposes of
carbon sequestration; and
(b) do anything that is reasonable and necessary
for the purposes of carbon sequestration on
Crown land.
(2) If Crown land is managed or controlled by a
public authority other than the Secretary, the
Secretary may exercise powers under this section
in relation to that land only if and to the extent
that an Order under section 42(1)(b) so provides.
(3) Subject to section 44, the Secretary holds,
manages and controls carbon sequestered on or
under unalienated Crown land for and on behalf of
the Crown.
44 Carbon sequestration on encumbered Crown land
(1) This section applies to Crown land that is
managed or controlled by a public authority or is
subject to a lease, licence, instrument or
agreement under any other Act.
(2) The ownership of carbon sequestered on Crown
land to which this section applies is subject to the
provisions of the Act under which the land is
managed or controlled, or leased or licensed or the
instrument or agreement is made or entered into
and to the terms of the lease, licence, instrument
or agreement.
(3) The licensee of a plantation licence granted under
Part 3A of the Victorian Plantations
Corporation Act 1993 before the commencement
of this section is entitled to a carbon sequestration
right in relation to the land during the duration of
the plantation licence.
31
s. 43
Climate Change Act 2010
No. 54 of 2010
s. 45
Part 5—Carbon Sequestration on Crown Land
Division 3—Carbon Sequestration Agreements
45 Carbon Sequestration Agreements
(1) The Secretary may enter into a Carbon
Sequestration Agreement in relation to Crown
land—
(a) which is subject to a relevant Act; or
(b) to which a declaration under section 42(1)(a)
applies.
(2) The Carbon Sequestration Agreement must—
(a) comply with the requirements of this Part;
and
(b) not be inconsistent with the requirements of
any relevant law, including requirements
relating to the following—
(i) the use and treatment of conservation
workers within the meaning of the
Conservation, Forests and Lands Act
1987;
(ii) environment protection and
conservation of biodiversity;
(iii) native title and aboriginal cultural
heritage.
(3) A Carbon Sequestration Agreement may only be
entered into in relation to reserved Crown land if
the use of the land for carbon sequestration would
not be inconsistent with the purposes for which
the land was reserved.
(4) The Secretary may enter into a Carbon
Sequestration Agreement in relation to land that is
proposed to be transferred or conveyed to the
Crown.
32
Climate Change Act 2010
No. 54 of 2010
Part 5—Carbon Sequestration on Crown Land
46 Requirements for Carbon Sequestration Agreement
The Secretary may from time to time by notice
published in the Government Gazette specify
requirements for Carbon Sequestration
Agreements including—
(a) the contents of the agreements; and
(b) management plans to be included in
agreements, including the form and content
of the management plans; and
(c) the identification and protection of other uses
of Crown land; and
(d) water management; and
(e) the provision of appropriate securities to the
Crown.
47 What may a Carbon Sequestration Agreement
provide for?
(1) A Carbon Sequestration Agreement may—
(a) grant a person a carbon sequestration right or
soil carbon right in relation to Crown land
for a specified term; and
(b) authorise a person to do all or any of the
following—
(i) access Crown land;
(ii) plant and maintain vegetation on
Crown land for the purposes of carbon
sequestration;
(iii) control and exploit carbon sequestered
or to be sequestered within vegetation
or soil on Crown land;
(iv) manage the land for the purpose of carbon
sequestration; and
33
s. 46
Climate Change Act 2010
No. 54 of 2010
s. 48
Part 5—Carbon Sequestration on Crown Land
(c) set out agreements in relation to related
matters, including management
objectives, harvesting and ownership of
harvested material; and
(d) impose obligations on a person in relation to
fire management, fire prevention and fire
suppression on the Crown land to which the
agreement applies; and
(e) provide for the following—
(i) the ending of the agreement and for the
rights of the parties if the Minister ends
the agreement under section 55;
(ii) the periodic review of any provisions of
the agreement;
(iii) the manner of varying the agreement;
(iv) the circumstances in which
compensation is payable under the
agreement;
(v) the rehabilitation or reinstatement of
land to which the agreement applies.
(2) A Carbon Sequestration Agreement cannot alter
the ownership of forest produce.
48 Carbon Sequestration Agreement may also provide
for security to be provided
A Carbon Sequestration Agreement may include
conditions requiring the provision of securities to
the Crown, including the provision of indemnities
or insurance.
34
Climate Change Act 2010
No. 54 of 2010
Part 5—Carbon Sequestration on Crown Land
49 Carbon Sequestration Agreement may also include
provisions relevant to orderly planning of land
Subject to any enactment or law affecting the
land, a Carbon Sequestration Agreement may
include any provision that is relevant to the
orderly planning of the land to which it applies
including provisions for—
(a) the allocation of risk between the Crown and
any other party to the agreement; and
(b) the responsibility for the performance of
obligations affecting the land under any
relevant law including obligations with
respect to the following—
(i) fire management, fire prevention and
fire suppression;
(ii) water allocation;
(iii) biodiversity conservation;
(iv) mineral resource development and
extractive industries;
(v) compliance with any Code of Practice
under any Act or subordinate
instrument applying to the land.
50 Notice of proposed Carbon Sequestration
Agreement
(1) The proponent of a proposed Carbon
Sequestration Agreement must—
(a) publish notice of the proposed agreement in
the Government Gazette; and
(b) give written notice of the proposed
agreement to—
(i) the relevant public land manager; and
(ii) any existing lessee or licensee of the
land; and
35
s. 49
Climate Change Act 2010
No. 54 of 2010
s. 51
Part 5—Carbon Sequestration on Crown Land
(iii) the Minister administering the Water
Act 1989; and
(iv) the relevant Catchment Management
Authority under the Catchment and
Land Protection Act 1994; and
(v) any other public authority that the
Secretary considers relevant; and
(vi) any Commonwealth regulatory body
that the Secretary considers relevant.
(2) The Secretary may give any notice under this
section in place of the proponent.
51 Consent of lessee or licensee required for Carbon
Sequestration Agreement
The Secretary must not enter into a Carbon
Sequestration Agreement without the consent of
any lessee or licensee of the land.
52 Matters to be considered by Secretary
(1) In determining whether to enter into a Carbon
Sequestration Agreement in relation to Crown
land, the Secretary must have regard to the
following—
(a) the requirements of any Commonwealth law
relating to the use of Crown land for carbon
sequestration;
(b) the objectives and requirements of any
relevant Act;
(c) the terms of any existing lease, licence or
agreement that applies to the land;
(d) the desirability of preserving other legitimate
uses of the land;
36
Climate Change Act 2010
No. 54 of 2010
Part 5—Carbon Sequestration on Crown Land
(e) the need to—
(i) balance economic, social and
environmental considerations relevant
to the land;
(ii) manage Crown land for multiple
purposes;
(iii) maximise the value of Crown land,
having regard to the objective and
principles of ecologically sustainable
development;
(iv) plan for the sustainable management of
water and biodiversity in the relevant
catchment;
(v) protect persons and property from the
risk of fire;
(f) any economic risks and opportunities
associated with setting land aside for carbon
sequestration purposes;
(g) the interests of indigenous groups in the
relevant area.
(2) In addition to subsection (1), the Secretary may
have regard to any other matters the Secretary
considers relevant in the circumstances.
53 Notice of making of Carbon Sequestration
Agreement
The Secretary must cause notice of the making of
a Carbon Sequestration Agreement to be
published in the Government Gazette as soon as
practicable after it is made.
54 Consent of Secretary required to assign rights under
Carbon Sequestration Agreement
A person cannot assign any rights under a Carbon
Sequestration Agreement without the written
consent of the Secretary.
37
s. 53
Climate Change Act 2010
No. 54 of 2010
s. 55
Part 5—Carbon Sequestration on Crown Land
55 Ending of Carbon Sequestration Agreement
A Carbon Sequestration Agreement may be
ended—
(a) by the Minister on giving the parties to the
agreement not less that 180 days written
notice of termination; or
(b) by agreement of the parties in accordance
with the agreement; or
(c) by further agreement of the parties.
56 Register of Carbon Sequestration Agreements
(1) The Secretary must maintain a Register of Carbon
Sequestration Agreements in accordance with the
regulations.
(2) The Register of Carbon Sequestration Agreements
must include details of—
(a) the making of Carbon Sequestration
Agreements; and
(b) the variation of Carbon Sequestration
Agreements; and
(c) the termination of Carbon Sequestration
Agreements.
Division 4—Fire suppression and prevention
57 Application
This Division applies if a Carbon Sequestration
Agreement affects land.
58 Directions by Secretary or authorised officer
The Secretary or any authorised officer appointed
under the Conservation, Forests and Lands Act
1987 may direct a person to carry out works with
respect to fire prevention, fire management or fire
suppression.
38
Climate Change Act 2010
No. 54 of 2010
Part 5—Carbon Sequestration on Crown Land
59 Person must comply with direction
A person must comply with a direction of the
Secretary or an authorised officer (as the case
requires) under this Division.
60 Secretary to reimburse for assistance
If a person carries out works pursuant to a
direction under section 58, the Secretary must
reimburse the person for the reasonable costs
incurred by that person in carrying out those
works unless the Carbon Sequestration Agreement
provides that the Secretary is not to be liable to
reimburse the person for those costs.
61 Division does not derogate from certain Acts
Nothing in this Division derogates from the
Forests Act 1958 or the Country Fire Authority
Act 1958 or the Sustainable Forests (Timber)
Act 2004.
Division 5—Enforcement
62 Enforcement
Part 9 of the Conservation, Forests and Lands
Act 1987 applies to a Carbon Sequestration
Agreement as if that agreement were a relevant
law within the meaning of that Act.
__________________
39
s. 59
Climate Change Act 2010
No. 54 of 2010
Part 6—General
s. 63
PART 6—GENERAL
63 Application of planning laws
The creation, transfer or registration of a right
under Part 4 or 5 in relation to land is not—
(a) a use or development of the land for the
purposes of the Planning and Environment
Act 1987; or
(b) a subdivision of the land for the purposes of
the Subdivision Act 1988.
64 Regulations
(1) The Governor in Council may make regulations in
relation to—
(a) the method for calculating the amount of
Victoria's greenhouse gas emissions for the
year 2000; and
(b) the method for calculating any reduction in
the amount of Victoria's greenhouse gas
emissions; and
(c) generally in relation to any matter authorised
or permitted to be prescribed or necessary to
be prescribed for the purposes of this Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification, or method, formulated,
issued, prescribed or published by any
person whether—
(i) wholly or partially or as amended by
the regulations; or
40
Climate Change Act 2010
No. 54 of 2010
Part 6—General
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
(d) may leave anything for the approval or
satisfaction of a specified person.
65 Transitional provisions
Schedule 2 has effect.
__________________
41
s. 65
Climate Change Act 2010
No. 54 of 2010
s. 66
Part 7—Amendments to Environment Protection Act 1970 and other Acts
PART 7—AMENDMENTS TO ENVIRONMENT
PROTECTION ACT 1970 AND OTHER ACTS
Division 1—Environment Protection Act 1970
66 Definitions
See:
Act No.
8056.
Reprint No. 17
as at
7 May 2009
and
amending
Act Nos
68/2009,
20/2010 and
29/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 4(1) of the Environment Protection
Act 1970—
(a) insert the following definition—
"greenhouse gas substance means—
(a) carbon dioxide, methane, nitrous oxide
or sulphur hexafluoride, whether in a
gaseous or liquid state; or
(b) a hydrofluorocarbon or a
perfluorocarbon, whether in a gaseous
or liquid state, that is specified in
regulations made under the National
Greenhouse and Energy Reporting Act
2007 of the Commonwealth;";
(b) in the definition of waste, after paragraph (a)
insert—
"(ab) any greenhouse gas substance emitted
or discharged into the environment;".
67 Powers, duties and functions of Authority
After section 13(1)(g) of the Environment
Protection Act 1970 insert—
"(ga) to recommend to the Governor in Council
the making of statutory policies and
regulations—
(i) to regulate the emission of greenhouse
gas substances to contribute to
Victoria's greenhouse emissions target
42
Climate Change Act 2010
No. 54 of 2010
Part 7—Amendments to Environment Protection Act 1970 and other Acts
under the Climate Change Act 2010;
and
(ii) to regulate the emission and discharge
of greenhouse gas substances to reduce
harm to the environment;".
68 New Division 1 substituted in Part IX
For Division 1 of Part IX of the Environment
Protection Act 1970 substitute—
"Division 1—Preliminary
49 Objects of this Part
The objects of this Part are to—
(a) foster environmentally sustainable uses
of resources and foster best practices in
waste management to advance the
social and economic development of
Victoria; and
(b) facilitate and promote activities that are
directed to climate change including the
adaptation and adjustment to climate
change.
49A Definitions
In this Part—
adaptation means any change in natural or
human systems in response to actual or
expected climactic stimuli or their
effects which moderates harm or
exploits beneficial opportunities;
climate change means a change of climate
which is attributed directly or indirectly
to human activity that alters the
composition of the global atmosphere
and which is in addition to natural
43
s. 68
Climate Change Act 2010
No. 54 of 2010
s. 69
Part 7—Amendments to Environment Protection Act 1970 and other Acts
climate variability observed over
comparable time periods.".
69 New Division 2 inserted in Part IX
After Division 1A of Part IX of the Environment
Protection Act 1970 insert—
"Division 2—Climate Covenants
49AQ Definition
In this Division, Minister means the Minister
administering the Climate Change Act
2010.
49AR Climate covenants
(1) The Premier and the Minister may become
signatories to a climate covenant with any
person or body if—
(a) in the opinion of the Premier and the
Minister, the covenant is, or is likely to,
facilitate activities or implement
measures directed to climate change
generally or adapting to or adjusting to
climate change; and
(b) the covenant will be readily accessible
to the public and published on the
Internet; and
(c) the covenant authorises access to or the
copying of all or any part of the
covenant by any person.
(2) A climate covenant is an agreement under
which a person or body undertakes to—
(a) facilitate activities that are directed to
climate change including adapting to or
adjusting to climate change; or
44
Climate Change Act 2010
No. 54 of 2010
Part 7—Amendments to Environment Protection Act 1970 and other Acts
(b) implement measures that are directed to
climate change including adapting to or
adjusting to climate change.
49AS Additional requirements for climate
covenants
(1) The Premier and the Minister must not enter
into a climate covenant unless the
covenant—
(a) is consistent with the purposes, policy
objectives and guiding principles of the
Climate Change Act 2010; and
(b) requires outcomes or performance
levels that exceed outcomes or
performance levels required by law;
and
(c) specifies requirements for reviewing
and reporting on performance under the
covenant.
(2) The Treasurer or any other Minister may also
sign the covenant.
49AT Notification of climate covenants
(1) The Minister must publish a notice in the
Government Gazette stating that a new
climate covenant has been entered into, the
names of the parties to the covenant and the
date of making of the covenant.
(2) The Minister must publish a copy of a
covenant on a website maintained by the
Department of Sustainability and
Environment as soon as practicable after
making the covenant.
45
s. 69
Climate Change Act 2010
No. 54 of 2010
s. 70
Part 7—Amendments to Environment Protection Act 1970 and other Acts
49AU List of covenants
(1) The Minister must establish and maintain a
list of the climate covenants to which the
Minister is a signatory.
(2) The Minister must ensure that the list is
published on a website on the Internet
maintained by the Department of
Sustainability and Environment and that the
list is updated regularly.".
70 Climate communities funding
(1) In section 70(6B)(b) of the Environment
Protection Act 1970—
(a) for "Minister and the Treasurer" substitute
"Premier and the Minister";
(b) for "Victoria." substitute "Victoria;".
(2) After section 70(6B)(b) of the Environment
Protection Act 1970 insert—
"(c) with the consent of both the Premier and the
Minister, for the purposes of fostering
community action or innovation in relation
to the reduction of greenhouse gas substance
emissions or adaptation or adjustment to
climate change in Victoria.".
(3) Section 70(6C) of the Environment Protection
Act 1970 is repealed.
(4) In section 70A of the Environment Protection
Act 1970 for "Despite section 70(6B)(b), the
Minister and the Treasurer must not apply"
substitute "Despite section 70(6B)(b) and (c), the
Premier and the Minister must not consent to the
application of".
(5) In section 70A(a) of the Environment Protection
Act 1970 for "to apply money" substitute "money
to be applied".
46
Climate Change Act 2010
No. 54 of 2010
Part 7—Amendments to Environment Protection Act 1970 and other Acts
(6) In section 70A(c) of the Environment Protection
Act 1970 for "advisory panel appointed by them"
substitute "Advisory Panel appointed".
(7) In section 70B(1)(c)(iii) of the Environment
Protection Act 1970 for "the Minister or the
Treasurer" substitute "the Premier or the
Minister".
(8) In section 70B(1)(d) of the Environment
Protection Act 1970 for "the Authority's"
substitute "Sustainability Victoria's".
(9) In section 70B(1)(e) of the Environment
Protection Act 1970 for "the Minister and the
Treasurer" substitute "the Premier and the
Minister".
71 Sections 70D and 70E substituted and 70F inserted
For sections 70D and 70E of the Environment
Protection Act 1970 substitute—
"70D Advisory Panel
(1) For the purposes of section 70A(c), the
Minister, after consulting with the Premier,
may appoint up to 8 people to form an
Advisory Panel.
(2) In appointing members to the Advisory
Panel, the Minister must attempt to ensure
that the members of the panel collectively
have skills, expertise or knowledge relating
to the following—
(a) environment protection and
conservation;
(b) climate change;
(c) community networks;
(d) issues relating to industry;
(e) economics and business management;
47
s. 71
Climate Change Act 2010
No. 54 of 2010
s. 71
Part 7—Amendments to Environment Protection Act 1970 and other Acts
(f) finance or law;
(g) local government;
(h) rural and regional affairs.
(3) The Minister may determine the terms of
appointment (including any remuneration
and allowances) of the members of the
Advisory Panel.
(4) The Advisory Panel must give Sustainability
Victoria a copy of all the recommendations it
makes to the Premier and the Minister.
(5) Sustainability Victoria must include a copy
of the recommendations in its annual report
for the financial year in which the
recommendations were made together with a
list of all the grants that were made under
section 70(6B)(b) or (c) in that financial
year.
(6) Sustainability Victoria must also publish a
copy of the recommendations and the list of
grants on its Internet site within 3 days after
the annual report is tabled before a House of
the Parliament.
70E Functions of Advisory Panel
The functions of the Advisory Panel include
the following—
(a) making recommendations to the
Premier and the Minister in relation to
the application of money under section
70(6B)(b) or (c);
(b) advising the Premier and the Minister
on the operation of the Climate
Communities Fund Account;
48
Climate Change Act 2010
No. 54 of 2010
Part 7—Amendments to Environment Protection Act 1970 and other Acts
(c) advising the Premier and the Minister
about fostering community action or
innovation in relation to the reduction
of greenhouse gas substance emissions
or adaptation or adjustment to climate
change in Victoria;
(d) advising the Premier and the Minister
about the sustainable use of resources
or waste management;
(e) advising the Premier and the Minister
about any matters related to climate
change or the sustainable use of
resources or waste management that are
referred to the Advisory Panel by the
Premier or the Minister;
(f) monitoring the progress of projects that
have been funded by money from the
Climate Communities Fund Account.
70F Climate Communities Fund Account
(1) The fund established within the Environment
Protection Fund with money referred to in
section 70(3)(aba) and known as the
sustainability fund account is to be renamed
and known as the Climate Communities
Fund Account.
(2) The money standing to the credit of the
sustainability fund account on the
commencement of section 71 of the Climate
Change Act 2010 is to be treated as money
standing in the Climate Communities Fund
Account.
(3) For the purposes of the management of the
Climate Communities Fund Account created
within the Environment Protection Fund,
sections 70(6B)(b) and (c), 70A, 70B, 70C,
49
s. 71
Climate Change Act 2010
No. 54 of 2010
s. 72
Part 7—Amendments to Environment Protection Act 1970 and other Acts
70D and 70E and this section apply to and in
respect of Sustainability Victoria.
(4) A reference in an Act or subordinate
instrument or any other document before the
commencement of section 71 of the Climate
Change Act 2010 to the sustainability fund
account referred to in subsection (1) is to be
taken, on and from that commencement, to
be a reference to the Climate Communities
Fund Account.".
72 Regulations
After section 71(1)(faa) of the Environment
Protection Act 1970 insert—
"(fab) prohibiting or regulating the emission or
discharge of greenhouse gas substances into
the environment;
(fac) prescribing standards for the emission or
discharge of greenhouse gas substances into
the environment, including emission
intensity standards and maximum levels of
emissions of greenhouse gas substances;
(fad) prescribing the conditions under which
greenhouse gas substances may be emitted or
discharged into the environment;".
Division 2—Amendment to other Acts
See:
Act No.
6/2010
and
amending
Act No
6/2010
LawToday:
www.
legislation.
vic.gov.au
73 Transport Integration Act 2010
In section 10 of the Transport Integration Act
2010—
(a) in paragraph (c) after "environment" insert
"and reduce the overall contribution of
transport-related greenhouse gas emissions";
(b) in paragraph (d) for "transport." substitute
"transport;";
50
Climate Change Act 2010
No. 54 of 2010
Part 7—Amendments to Environment Protection Act 1970 and other Acts
(c) after paragraph (d) insert—
"(e) preparing for and adapting to the
challenges presented by climate
change.".
Division 3—Repeal of this Part
74 Repeal of this Part
This Part is repealed on 1 July 2012.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
51
s. 74
Climate Change Act 2010
No. 54 of 2010
s. 75
Part 8—Repeal of Forestry Rights Act 1996 and Consequential Amendment
of other Acts
PART 8—REPEAL OF FORESTRY RIGHTS ACT 1996 AND
CONSEQUENTIAL AMENDMENT OF OTHER ACTS
See:
Act No.
29/1996.
Reprint No. 1
as at
13 September
2001
and
amending
Act No.
108/2004.
LawToday:
www.
legislation.
vic.gov.au
75 Repeal of Forestry Rights Act 1996
See:
Act No.
41/1987.
Reprint No. 7
as at
28 February
2008
and
amending
Act Nos
12/2008,
4/2009, 6/2009,
40/2009,
68/2009,
82/2009,
89/2009 and
6/2010.
LawToday:
www.
legislation.
vic.gov.au
76 Amendment of Conservation, Forests and Lands
Act 1987
The Forestry Rights Act 1996 is repealed.
In Schedule 1 to the Conservation, Forests and
Lands Act 1987 after "Catchment and Land
Protection Act 1994" insert "Climate Change
Act 2010.".
52
Climate Change Act 2010
No. 54 of 2010
Part 8—Repeal of Forestry Rights Act 1996 and Consequential Amendment
of other Acts
77 Amendment of Country Fire Authority Act 1958
After section 23AA(10)(b) of the Country Fire
Authority Act 1958 insert—
"(ba) the owner of a forest carbon right within the
meaning of the Climate Change Act 2010;
or".
78 Amendment of Crown Land (Reserves) Act 1978
After section 4(1)(m) of the Crown Land
(Reserves) Act 1978 insert—
"(ma) carbon sequestration in vegetation and soil;".
79 Amendment of Forests Act 1958
After section 4(2) of the Forests Act 1958
insert—
"(3) A right of any person (other than the Crown)
to property in forest produce does not
include a carbon sequestration right within
the meaning of the Climate Change Act
2010.".
53
s. 77
See:
Act No.
6228.
Reprint No. 13
as at
13 May 2010
and
amending
Act Nos
6/2010 and
29/2010.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
9212.
Reprint No. 9
as at
15 January
2009
and
amending
Act Nos
64/2004,
6/2009,
40/2009,
68/2009,
82/2009,
90/2009,
6/2010 and
35/2010.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
6254.
Reprint No. 10
as at
8 July 2010
and
amending
Act No.
40/2009.
LawToday:
www.
legislation.
vic.gov.au
Climate Change Act 2010
No. 54 of 2010
s. 80
See:
Act No.
6975.
Reprint No. 13
as at
1 July 2008
and
amending
Act Nos
92/1990,
6/2008,
12/2008,
68/2009,
1/2010 and
23/2010.
LawToday:
www.
legislation.
vic.gov.au
Part 8—Repeal of Forestry Rights Act 1996 and Consequential Amendment
of other Acts
80 Amendment of Sale of Land Act 1962
After section 32(10) of the Sale of Land Act 1962
insert—
"(11) To avoid doubt, an agreement to transfer a
forest carbon right within the meaning of the
Climate Change Act 2010 is not a contract
of sale of land for the purposes of this
section.".
81 Repeal of this Part
This Part is repealed on 1 July 2012.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
54
Climate Change Act 2010
No. 54 of 2010
Sch. 1
SCHEDULES
SCHEDULE 1
Section 14
ACTS AND DECISIONS OR ACTIONS
Name of Act
Decision or action
Catchment and Land Protection
Act 1994
An approval or refusal of an
approval of a management plan by
the Minister, or the return of a plan
to the Authority with any
recommendations for change, under
clause 3 of Schedule 2.
The revocation of a management
plan by the Minister under clause 7
of Schedule 2.
Coastal Management Act 1995
Consideration by the Minister of a
draft Coastal Strategy under
section 17.
The endorsement by the Minister of
a Coastal Action Plan under
section 26.
Environment Protection Act 1970
A recommendation of the
Environment Protection Authority
under section 16.
A recommendation of the
Environment Protection Authority
under section 16A.
The issue of or refusal to issue a
works approval by the Environment
Protection Authority under section
19B.
A decision by the Environment
Protection Authority relating to the
licensing of scheduled premises
under section 20.
55
Climate Change Act 2010
No. 54 of 2010
Sch. 1
Name of Act
Decision or action
Flora and Fauna Guarantee Act
1988
The preparation, making and
amendment of a Flora and Fauna
Guarantee Strategy by the Secretary
under section 17 and 18.
The preparation and amendment of
an action statement by the Secretary
under section 19.
The preparation of a management
plan by the Secretary under
section 21.
The amendment or revocation of a
management plan by the Secretary
under section 22.
The review of a management plan
by the Secretary under section 24.
The making of an interim
conservation order by the Minister
under section 26.
The confirmation or revocation of
an interim conservation order by
the Minister under section 31.
The amendment of a confirmed
interim conservation order by the
Minister under section 33.
The amendment of an interim
conservation order by the Minister
under section 35.
Public Health and Wellbeing Act
2008
The preparation of a municipal
public health and wellbeing plan by
a council under section 26.
The preparation of a State Public
Health and Wellbeing Plan by a
person under section 49.
Water Act 1989
Consideration of a draft Sustainable
Water Strategy by the Minister
under section 22G.
__________________
56
Climate Change Act 2010
No. 54 of 2010
Sch. 2
SCHEDULE 2
Section 65
TRANSITIONAL PROVISIONS
1 Definitions
In this Schedule—
carbon rights agreement has the same meaning as
it has in the Forestry Rights Act;
forest property agreement has the same meaning
as in the Forestry Rights Act;
forest property right has the same meaning as it
has in the Forestry Rights Act;
Forestry Rights Act means the Forestry Rights
Act 1996;
FRA carbon sequestration right means a carbon
sequestration right granted in accordance
with section 12 of the Forestry Rights Act.
2 Existing agreements and rights to continue
Subject to this Schedule, despite the repeal of the
Forestry Rights Act, that Act (as in force
immediately before its repeal) continues to apply
to—
(a) any forest property agreement or carbon
rights agreement existing immediately before
the repeal; or
(b) any forest property right or FRA carbon
sequestration right existing immediately
before that repeal.
3 Existing agreements cannot be extended or varied
A forest property agreement or carbon rights
agreement cannot be extended or amended.
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Climate Change Act 2010
No. 54 of 2010
Sch. 2
4 Existing agreements to be ended before new
agreement recorded
(1) This clause applies if a forest property agreement
is recorded in the Register in relation to land.
(2) A Forestry and Carbon Management Agreement
cannot be recorded in the Register under section
32 in relation to that land or part of that land
unless the forest property owner has advised the
Registrar under section 10 of the Forestry Rights
Act of the ending of the forest property agreement
relating to that land or that part of the land.
5 Forest carbon right cannot be created
A forest carbon right cannot be created under
Part 4 in relation to that land or part of that land if
a forest property agreement is recorded in the
Register in relation to that land or part of that
land.
═══════════════
58
Climate Change Act 2010
No. 54 of 2010
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 29 July 2010
Legislative Council: 12 August 2010
The long title for the Bill for this Act was "A Bill for an Act to provide a
framework for action on climate change in Victoria, to set a target to
reduce greenhouse gas emissions, to provide for forestry rights, carbon
sequestration rights and soil carbon rights on land, to repeal the Forestry
Rights Act 1996, to amend the Conservation, Forests and Lands Act
1987, the Environment Protection Act 1970, the Transport
Integration Act 2010 and other Acts and for other purposes."
59
Climate Change Act 2010
No. 54 of 2010
INDEX
Subject
Section
Act
amendments to other Acts
commencement
Crown bound by
purposes
regulations
repeal of Forestry Rights Act 1996
repeal of Part 7
repeal of Part 8
review
transitional provisions
Agreements See Carbon Sequestration Agreements;
Forestry and Carbon Management Agreements
Carbon sequestration
declaration of availability of Crown land for
on encumbered Crown land
Secretary's role on Crown land
See also Forest carbon rights; Forestry and Carbon
Management Agreements
Carbon Sequestration Agreements
application of Division 4 of Part 5
application of Part 9 Conservation, Forests and
Lands Act 1987
assignment of rights with consent of Secretary
consent of lessee, licensee required
directions regarding fire suppression, prevention
ending of
entry into by Secretary
matters to be considered by Secretary
notice of making
notice of proposed
provisions (general)
provisions regarding
conditions regarding securities
orderly planning of land
Register
requirements for
Climate change
adaptation (def.)
Climate Change Adaptation Plan
decision makers to have regard to
definition
Government policy objectives to take account of
60
66–73, 76–80
2
4
1
64
75
74
81
18, 19
65, Sch. 2
42
44
43
57, 61
62
54
51
58–60
55
45
52
53
50
47
48
49
56
46
3
16
14, 15, Sch. 1
3
6
Climate Change Act 2010
No. 54 of 2010
Subject
Section
guiding principles
community engagement
equity
informed decision making
integrated decision making
risk management
to complement Commonwealth Government
action
Minister to have regard to guiding principles
preparation of reports regarding
Conservation, Forests and Lands Act 1987
Country Fire Authority Act 1958
Crown land
application of Part 5
application of planning laws
carbon sequestration on encumbered
declaration of availability for carbon sequestration
forest produce
native title rights not affected
public land managers (def.)
Secretary's role regarding carbon sequestration
See also Carbon Sequestration Agreements
Definitions
Department (def.)
Forest carbon rights
application of planning laws
carbon sequestration rights (def.)
creation and transfer of
definition
forestry rights (def.)
interests in land
soil carbon rights (def.)
See also Forestry and Carbon Management
Agreements
Forest produce
Forestry and Carbon Management Agreements
commencement
conditions regarding security
disputes regarding
ending of
enforcement
entry into, parties to
management obligations
parties, persons bound by
purpose
recording in register
removal from register
variation of obligation
Forests Act 1958
61
13
12
8
9
10
11
7
17
58, 62
61
40
63
44
42
42
41
3
43
3, 21, 22, 23, 24,
32, 34, 36, Sch. 2
3
63
22
26
21
23
25
24
3, 42, 47
31
30
38
35, 36, 38
37
27
29, 33
31
28
32, 33, 36, 39
36
34
61
Climate Change Act 2010
No. 54 of 2010
Subject
Section
Greenhouse gas emissions
decision makers to have regard to potential
definition
reports by Minister
target
Minister
powers, duties regarding
Carbon Sequestration Agreements
Climate Change Adaptation Plan
declarations regarding carbon sequestration
greenhouse gas emissions target
guidelines for decision makers
guiding principles
reports on climate change, emissions data
review of Act
Old agreements (def.)
Owners (def.)
Planning laws
Registrar
definition
duties regarding
directions from VCAT
Forestry and Carbon Management
Agreements
registration of forest carbon rights
Regulations
Relevant Act (def.)
Secretary
definition
powers, duties regarding
Carbon Sequestration Agreements
carbon sequestration on Crown land
directions regarding fire suppression,
prevention
Sustainable Forests (Timber) Act 2004
Transfer of Land Act 1958
Transitional provisions
VCAT
Forestry and Carbon Management Agreements
Victorian Plantations Corporation Act 1993
62
14, 15, Sch. 1
3
17
5
55
16
42
5
15
7
17
18, 19
3
3
63
3
39
32, 36
26
64
3
3
45, 46, 50–54, 56
43
58, 60
61
26, 40
65, Sch. 2
37, 38
44