Rights and interests in land created under the Carbon Credits Act 2011 (Cth): Theoretical and practical issues

Vanessa Lea Johnston

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The Commonwealth Government pays financial incentives from the
‘Emissions Reduction Fund’ to entities that agree to implement eligible
projects to mitigate greenhouse gas emissions, including projects that
involve sequestration of carbon in trees and soil. Under the enabling
legislation, the Registrar of Titles is empowered to make entries or notations
on the register to identify the existence of projects, or when use and
enjoyment of the land may be restricted for the purpose of meeting statutory
requirements. While it is unlikely that these provisions evidence legal or
equitable interests that have been created in land associated with projects
supported by Emissions Reduction Fund, in some circumstances they may
evidence mere equity interests that bind third parties with adequate notice or
by operation of law. Notwithstanding that register entries made under the
Carbon Credits Act largely encourage administrative efficiency and
satisfaction of key contractual obligations between the Commonwealth and
the project contractor, they nonetheless create numerous practical issues
that must be addressed by interested persons dealing with land.
Original languageEnglish
Pages (from-to)199-219
Number of pages21
JournalAustralian Property Law Journal
Volume25
Issue number3
Publication statusPublished - 2016

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