Carbon Rights Act 2003 (WA)

Western Australia Carbon Rights Act 2003 Western Australia Carbon Rights Act 2003 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Definitions 2 4. Crown bound 3 Part 2 — Carbon rights 5. Registration of carbon right form to create carbon right 4 6. Interest in land (carbon right) created on registration of carbon right form 4 7. Limits on creation of carbon rights 5 8. Carbon rights: consequences of ownership and other legal effects 5 9. Dealings in carbon rights 5 Part 3 — Carbon covenants 10. Entering into carbon covenants 7 11. Registration of carbon covenant form to create carbon covenant 7 12. Interest in land (carbon covenant) created on registration of carbon covenant form 8 13. Limits on creation of carbon covenants 9 14. Dealings in carbon covenants 9 15. Carbon covenants: other legal effects 9 16. Registration of surrender of carbon covenants: effect 10 Part 4 — Miscellaneous 17. Regulations 11 Notes Compilation table 12 Defined terms Western Australia Carbon Rights Act 2003 An Act to provide for the creation and effect of certain interests in land in relation to the effects of carbon sequestration from, and carbon release to, the atmosphere, and for related matters.

Part 1 — Preliminary

1. Short title This Act may be cited as the Carbon Rights Act 2003.

2. Commencement (1) Subject to subsection (2), this Act comes into operation on a day fixed by proclamation. (2) This Act is not to come into operation before section 64 of the Transfer of Land Amendment Act 2003 has come into operation.

3. Definitions In this Act — affected land, in relation to a carbon right, means the land in respect of which the carbon right is registered; burdened land, in relation to a carbon covenant, means the land in respect of which the covenant is registered as a burden; carbon covenant means an interest in land referred to in section 12(1)(a); carbon covenant form means a form that is lodged under section 11(1); carbon release means the release into the atmosphere of carbon that has been stored in land or in anything on land; carbon right means an interest in land referred to in section 6(1)(a); carbon right form means a form that is lodged under section 5(1); carbon sequestration means — (a) the absorption from the atmosphere of carbon dioxide by land or anything on land; and (b) the storage of carbon in land or in anything on land; Crown land has the same meaning as it has in the Land Administration Act 1997; land has the same meaning as it has in the Land Administration Act 1997; owner, in relation to freehold land, means a person whose name is registered as a proprietor of the freehold land; registered means registered under the TLA; Registrar means the Registrar of Titles; relevant carbon right, in relation to a carbon covenant or a proposed carbon covenant, means the carbon right in relation to which the covenant is, or is to be, entered into; TLA means the Transfer of Land Act 1893.