CLIMATE CHANGE BILL 2010

Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

CLIMATE CHANGE BILL 2010

PARLIAMENT OF VICTORIA Climate Change Bill 2010 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 2 1 Purposes 2 2 Commencement 3 3 Definitions 3 4 Application to Crown 6 PART 2--EMISSIONS TARGET, POLICY OBJECTIVES AND GUIDING PRINCIPLES 7 Division 1--Greenhouse gas emissions target 7 5 Greenhouse gas emissions target 7 Division 2--Policy objectives 7 6 Policy objectives 7 Division 3--Guiding Principles 8 7 Guiding principles 8 8 Principle of informed decision making 8 9 Principle of integrated decision making 9 10 Principle of risk management 9 11 Principle of complementarity 10 12 Principle of equity 10 13 Principle of community engagement 11 PART 3--PLANNING FOR CLIMATE CHANGE 12 Division 1--Decision making 12 14 Decision makers to have regard to climate change 12 15 Ministerial guidelines 13 Division 2--Climate Change Adaptation Plan 14 16 Climate Change Adaptation Plan 14 561342B.I-28/7/2010 i BILL LA INTRODUCTION 28/7/2010

Clause Page Division 3--Reporting and Review 15 17 Report on climate change and emissions data 15 18 Review of this Act 16 19 Review of this Act by Minister 17 PART 4--FORESTRY RIGHTS, CARBON SEQUESTRATION RIGHTS AND SOIL CARBON RIGHTS ON PRIVATE LAND 18 Division 1--Introductory 18 20 Application of Part 18 21 What is a forest carbon right? 18 22 What is a carbon sequestration right? 18 23 What is a forestry right? 19 24 What is a soil carbon right? 19 Division 2--Forest carbon rights 19 25 Forest carbon right is an interest in land 19 26 Creation and transfer of forest carbon rights 19 Division 3--Forestry and Carbon Management Agreements 20 27 Forestry and Carbon Management Agreements 20 28 Purpose of Forestry and Carbon Management Agreement 21 29 Management obligations 22 30 Security 23 31 Commencement of Forestry and Carbon Management Agreement 23 32 Recording of Forestry and Carbon Management Agreements 24 33 Effect of recording of agreement 24 34 Variation of Forestry and Carbon Management Agreement 25 35 Ending of Forestry and Carbon Management Agreement 26 36 Application to Registrar when agreement ends 26 37 Enforcement of Forestry and Carbon Management Agreement 27 38 Disputes in relation to ending Forestry and Carbon Management Agreements 27 39 Registrar to give effect to VCAT orders 28 PART 5--CARBON SEQUESTRATION ON CROWN LAND 29 Division 1--Application 29 40 Application 29 41 Native title rights not affected 29 561342B.I-28/7/2010 ii BILL LA INTRODUCTION 28/7/2010

Clause Page Division 2--Use of Crown land for carbon sequestration 30 42 Declaration of land available for use for carbon sequestration 30 43 Role of Secretary in relation to carbon sequestration on Crown land 31 44 Carbon sequestration on encumbered Crown land 31 Division 3--Carbon Sequestration Agreements 32 45 Carbon Sequestration Agreements 32 46 Requirements for Carbon Sequestration Agreement 33 47 What may a Carbon Sequestration Agreement provide for? 33 48 Carbon Sequestration Agreement may also provide for security to be provided 34 49 Carbon Sequestration Agreement may also include provisions relevant to orderly planning of land 35 50 Notice of proposed Carbon Sequestration Agreement 35 51 Consent of lessee or licensee required for Carbon Sequestration Agreement 36 52 Matters to be considered by Secretary 36 53 Notice of making of Carbon Sequestration Agreement 37 54 Consent of Secretary required to assign rights under Carbon Sequestration Agreement 37 55 Ending of Carbon Sequestration Agreement 38 56 Register of Carbon Sequestration Agreements 38 Division 4--Fire suppression and prevention 38 57 Application 38 58 Directions by Secretary or authorised officer 38 59 Person must comply with direction 39 60 Secretary to reimburse for assistance 39 61 Division does not derogate from certain Acts 39 Division 5--Enforcement 39 62 Enforcement 39 PART 6--GENERAL 40 63 Application of planning laws 40 64 Regulations 40 65 Transitional provisions 41 561342B.I-28/7/2010 iii BILL LA INTRODUCTION 28/7/2010

Clause Page PART 7--AMENDMENTS TO ENVIRONMENT PROTECTION ACT 1970 AND OTHER ACTS 42 Division 1--Environment Protection Act 1970 42 66 Definitions 42 67 Powers, duties and functions of Authority 42 68 New Division 1 substituted in Part IX 43 Division 1--Preliminary 43 49 Objects of this Part 43 49A Definitions 43 69 New Division 2 inserted in Part IX 44 Division 2--Climate Covenants 44 49AQ Definition 44 49AR Climate covenants 44 49AS Additional requirements for climate covenants 45 49AT Notification of climate covenants 45 49AU List of covenants 46 70 Climate communities funding 46 71 Sections 70D and 70E substituted and 70F inserted 47 70D Advisory Panel 47 70E Functions of Advisory Panel 48 70F Climate Communities Fund Account 49 72 Regulations 50 Division 2--Amendment to other Acts 50 73 Transport Integration Act 2010 50 Division 3--Repeal of this Part 51 74 Repeal of this Part 51 PART 8--REPEAL OF FORESTRY RIGHTS ACT 1996 AND CONSEQUENTIAL AMENDMENT OF OTHER ACTS 52 75 Repeal of Forestry Rights Act 1996 52 76 Amendment of Conservation, Forests and Lands Act 1987 52 77 Amendment of Country Fire Authority Act 1958 53 78 Amendment of Crown Land (Reserves) Act 1978 53 79 Amendment of Forests Act 1958 53 80 Amendment of Sale of Land Act 1962 54 81 Repeal of this Part 54 __________________ 561342B.I-28/7/2010 iv BILL LA INTRODUCTION 28/7/2010

Clause Page SCHEDULES 55 SCHEDULE 1--Acts and Decisions or Actions 55 SCHEDULE 2--Transitional Provisions 57 1 Definitions 57 2 Existing agreements and rights to continue 57 3 Existing agreements cannot be extended or varied 57 4 Existing agreements to be ended before new agreement recorded 58 5 Forest carbon right cannot be created 58 ENDNOTES 59 561342B.I-28/7/2010 v BILL LA INTRODUCTION 28/7/2010

PARLIAMENT OF VICTORIA Introduced in the Assembly Climate Change Bill 2010 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. 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. 561342B.I-28/7/2010 1 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 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 5 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 10 innovation in the Victorian response to climate change by strengthening the role of communities and other measures; 561342B.I-28/7/2010 2 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 1--Preliminary s. 2 (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 5 national and international carbon sequestration efforts; (f) to provide for the creation of forestry rights, carbon sequestration rights and soil carbon rights; 10 (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 15 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. 20 (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-- 25 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; 30 Carbon Sequestration Agreement means an agreement under section 45; carbon sequestration right has the meaning set out in section 22; 561342B.I-28/7/2010 3 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 1--Preliminary s. 3 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 5 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 10 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 15 section 27; forestry right has the meaning set out in section 23; greenhouse gas emissions means emissions of-- (a) carbon dioxide, methane, nitrous oxide 20 or sulphur hexafluoride; or (b) a hydrofluorocarbon or a perfluorocarbon that is specified in regulations made under the National Greenhouse and Energy Reporting Act 25 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; 30 old agreement means a forest property agreement or carbon rights agreement existing under the Forestry Rights Act 1996; 561342B.I-28/7/2010 4 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 1--Preliminary s. 3 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, 5 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 10 (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 15 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; 20 (b) Forests Act 1958; (c) Land Act 1958; (d) National Parks Act 1975; (e) Sustainable Forests (Timber) Act 2004; 25 (f) Victorian Plantations Corporation Act 1993; Secretary has the same meaning as in the Conservation, Forests and Lands Act 1987; 30 soil carbon right has the meaning set out in section 24; 561342B.I-28/7/2010 5 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 1--Preliminary s. 4 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 5 Victoria and so far as the legislative power of the Parliament extends, the Crown in all its other capacities. __________________ 561342B.I-28/7/2010 6 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 2--Emissions Target, Policy Objectives and Guiding Principles s. 5 PART 2--EMISSIONS TARGET, POLICY OBJECTIVES AND GUIDING PRINCIPLES Division 1--Greenhouse gas emissions target 5 Greenhouse gas emissions target 5 (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 10 (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 15 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 20 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; 25 (c) helping communities and industries to adjust to a carbon price; (d) capitalising on new opportunities emerging from a carbon price; 561342B.I-28/7/2010 7 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 2--Emissions Target, Policy Objectives and Guiding Principles s. 7 (e) enabling Victoria's regions, industries and communities to capture opportunities with respect to the changing climate and adapt to that changing climate; 5 (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 10 good planning and emergency response systems; (h) working in partnership with Victorians to provide the knowledge and information needed to respond effectively to climate 15 change; (i) helping to ensure vulnerable communities are not further disadvantaged as a result of climate change; (j) reducing emissions across the operations of 20 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 25 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 30 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 561342B.I-28/7/2010 8 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 2--Emissions Target, Policy Objectives and Guiding Principles s. 9 relevant to the decision under consideration; and (b) the potential contribution to Victoria's greenhouse gas emissions of the decision 5 under consideration. 9 Principle of integrated decision making A decision should integrate the competing long- term and short-term environmental, economic, health and other social considerations relating to 10 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 15 (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 20 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 25 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 30 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 561342B.I-28/7/2010 9 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 2--Emissions Target, Policy Objectives and Guiding Principles s. 11 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 5 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 10 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 15 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 20 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 25 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 30 environment is maintained or enhanced for the benefit of future generations and that any adverse impacts of climate change are minimised for future generations; 561342B.I-28/7/2010 10 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 2--Emissions Target, Policy Objectives and Guiding Principles s. 13 (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 5 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-- 10 (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 15 public consultation with the community. __________________ 561342B.I-28/7/2010 11 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 3--Planning for Climate Change s. 14 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 5 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 10 (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-- 15 (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 20 (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 25 potential-- (a) biophysical impacts; (b) long and short term economic, environmental, health and other social impacts; 30 (c) beneficial and detrimental impacts; 561342B.I-28/7/2010 12 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 3--Planning for Climate Change s. 15 (d) direct and indirect impacts; (e) cumulative impacts. (4) In having regard to the potential contribution to Victoria's greenhouse gas emissions, the relevant 5 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; 10 (c) increases and decreases in greenhouse gas emissions; (d) cumulative impacts of greenhouse gas emissions. (5) The requirements of this Division apply in 15 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 20 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 25 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 30 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. 561342B.I-28/7/2010 13 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 3--Planning for Climate Change s. 16 (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 5 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 10 (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 15 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. 20 (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 25 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 30 after the completion of the plan. 561342B.I-28/7/2010 14 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 3--Planning for Climate Change s. 17 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 5 (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 10 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 15 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 20 (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 25 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. 30 (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. 561342B.I-28/7/2010 15 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 3--Planning for Climate Change s. 18 18 Review of this Act (1) The Minister must ensure that an independent review of this Act is completed before 31 December 2015. 5 (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 10 (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 15 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 20 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; 25 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 30 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. 561342B.I-28/7/2010 16 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 3--Planning for Climate Change s. 19 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 5 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 10 of the review. __________________ 561342B.I-28/7/2010 17 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 20 on Private Land PART 4--FORESTRY RIGHTS, CARBON SEQUESTRATION RIGHTS AND SOIL CARBON RIGHTS ON PRIVATE LAND Division 1--Introductory 20 Application of Part 5 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 10 (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 15 accordance with the Greenhouse Gas Geological Sequestration Act 2008 or carbon sequestered in an underground geological storage formation within the meaning of that Act. 20 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. 25 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, 30 lopped or felled. 561342B.I-28/7/2010 18 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 23 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 5 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. 10 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. 15 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. 20 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 25 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 30 for any part of the term of the lease unless the lessee consents to the creation of the right. 561342B.I-28/7/2010 19 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 27 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 5 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 10 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 15 land-- (a) a carbon sequestration right; (b) a forestry right; (c) a soil carbon right. (8) A registered forest carbon right-- 20 (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. 25 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 30 accordance with this Act with the owner of a forest carbon right (if any) relating to the land and with any other person. 561342B.I-28/7/2010 20 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 28 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 5 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 10 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 15 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 20 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. 25 (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 30 negative in nature. 561342B.I-28/7/2010 21 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 29 on Private Land 29 Management obligations (1) A Forestry and Carbon Management Agreement must specify-- (a) in relation to the harvesting of vegetation-- 5 (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; 10 (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 15 consider desirable including-- (a) requirements for compliance with the requirements under any enactment in relation to vegetation; and (b) requirements for biodiversity conservation; 20 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 25 (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-- 30 (a) any owner of land; 561342B.I-28/7/2010 22 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 30 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. 5 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-- 10 (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 15 (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; 20 (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 25 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. 561342B.I-28/7/2010 23 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 32 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 5 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 10 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-- 15 (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 20 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 25 (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 30 Agreement in the Register, the obligations specified in the agreement run with the land affected and are binding on any person who 561342B.I-28/7/2010 24 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 34 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 5 (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 10 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 15 (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 20 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 25 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 30 (c) a forest carbon right. 561342B.I-28/7/2010 25 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 35 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 5 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 10 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 15 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. 20 (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 25 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. 561342B.I-28/7/2010 26 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 37 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 5 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 10 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 15 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 20 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 25 on an application under this section, VCAT may make a declaration as to whether the Forestry and Carbon Management Agreement has ended. 561342B.I-28/7/2010 27 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 4--Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights s. 39 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 5 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. __________________ 561342B.I-28/7/2010 28 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 40 PART 5--CARBON SEQUESTRATION ON CROWN LAND Division 1--Application 40 Application (1) This Part applies to unalienated Crown land and 5 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-- 10 (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 15 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. 20 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. 561342B.I-28/7/2010 29 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 42 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 5 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 10 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 15 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-- 20 (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 25 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 30 subject to any conditions specified in the Order. 561342B.I-28/7/2010 30 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 43 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 5 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 10 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, 15 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 20 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 25 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. 30 (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 35 the plantation licence. 561342B.I-28/7/2010 31 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 45 Division 3--Carbon Sequestration Agreements 45 Carbon Sequestration Agreements (1) The Secretary may enter into a Carbon Sequestration Agreement in relation to Crown 5 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-- 10 (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-- 15 (i) the use and treatment of conservation workers within the meaning of the Conservation, Forests and Lands Act 1987; (ii) environment protection and 20 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 25 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 30 proposed to be transferred or conveyed to the Crown. 561342B.I-28/7/2010 32 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 46 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 5 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 10 (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. 15 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 20 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 25 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; 30 (iv) manage the land for the purpose of carbon sequestration; and 561342B.I-28/7/2010 33 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 48 (c) set out agreements in relation to related matters, including management objectives, harvesting and ownership of harvested material; and 5 (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-- 10 (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; 15 (iii) the manner of varying the agreement; (iv) the circumstances in which compensation is payable under the agreement; (v) the rehabilitation or reinstatement of 20 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 25 A Carbon Sequestration Agreement may include conditions requiring the provision of securities to the Crown, including the provision of indemnities or insurance. 561342B.I-28/7/2010 34 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 49 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 5 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 10 (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 15 fire suppression; (ii) water allocation; (iii) biodiversity conservation; (iv) mineral resource development and extractive industries; 20 (v) compliance with any Code of Practice under any Act or subordinate instrument applying to the land. 50 Notice of proposed Carbon Sequestration Agreement 25 (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 30 agreement to-- (i) the relevant public land manager; and (ii) any existing lessee or licensee of the land; and 561342B.I-28/7/2010 35 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 51 (iii) the Minister administering the Water Act 1989; and (iv) the relevant Catchment Management Authority under the Catchment and 5 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. 10 (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 15 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 20 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; 25 (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 30 uses of the land; 561342B.I-28/7/2010 36 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 53 (e) the need to-- (i) balance economic, social and environmental considerations relevant to the land; 5 (ii) manage Crown land for multiple purposes; (iii) maximise the value of Crown land, having regard to the objective and principles of ecologically sustainable 10 development; (iv) plan for the sustainable management of water and biodiversity in the relevant catchment; (v) protect persons and property from the 15 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 20 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 25 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. 30 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. 561342B.I-28/7/2010 37 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 55 55 Ending of Carbon Sequestration Agreement A Carbon Sequestration Agreement may be ended-- (a) by the Minister on giving the parties to the 5 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. 10 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 15 must include details of-- (a) the making of Carbon Sequestration Agreements; and (b) the variation of Carbon Sequestration Agreements; and 20 (c) the termination of Carbon Sequestration Agreements. Division 4--Fire suppression and prevention 57 Application This Division applies if a Carbon Sequestration 25 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 30 respect to fire prevention, fire management or fire suppression. 561342B.I-28/7/2010 38 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 5--Carbon Sequestration on Crown Land s. 59 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. 5 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 10 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 15 Forests Act 1958 or the Country Fire Authority Act 1958 or the Sustainable Forests (Timber) Act 2004. Division 5--Enforcement 62 Enforcement 20 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. __________________ 561342B.I-28/7/2010 39 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 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-- 5 (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. 10 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 15 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 20 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, 25 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 30 person whether-- (i) wholly or partially or as amended by the regulations; or 561342B.I-28/7/2010 40 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 6--General s. 65 (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 5 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. __________________ 561342B.I-28/7/2010 41 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 66 PART 7--AMENDMENTS TO ENVIRONMENT PROTECTION ACT 1970 AND OTHER ACTS Division 1--Environment Protection Act 1970 66 Definitions 5 See: In section 4(1) of the Environment Protection Act No. 8056. Act 1970-- Reprint No. 17 as at (a) insert the following definition-- 7 May 2009 and "greenhouse gas substance means-- amending Act Nos 68/2009, (a) carbon dioxide, methane, nitrous oxide 10 20/2010 and or sulphur hexafluoride, whether in a 29/2010. LawToday: gaseous or liquid state; or www. legislation. (b) a hydrofluorocarbon or a vic.gov.au perfluorocarbon, whether in a gaseous or liquid state, that is specified in 15 regulations made under the National Greenhouse and Energy Reporting Act 2007 of the Commonwealth;"; (b) in the definition of waste, after paragraph (a) insert-- 20 "(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-- 25 "(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 30 Victoria's greenhouse emissions target 561342B.I-28/7/2010 42 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 68 under the Climate Change Act 2010; and (ii) to regulate the emission and discharge of greenhouse gas substances to reduce 5 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 10 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 15 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 20 change. 49A Definitions In this Part-- adaptation means any change in natural or human systems in response to actual or 25 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 30 to human activity that alters the composition of the global atmosphere and which is in addition to natural 561342B.I-28/7/2010 43 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 69 climate variability observed over comparable time periods.". 69 New Division 2 inserted in Part IX After Division 1A of Part IX of the Environment 5 Protection Act 1970 insert-- "Division 2--Climate Covenants 49AQ Definition In this Division, Minister means the Minister administering the Climate Change Act 10 2010. 49AR Climate covenants (1) The Premier and the Minister may become signatories to a climate covenant with any person or body if-- 15 (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 20 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 25 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 30 climate change including adapting to or adjusting to climate change; or 561342B.I-28/7/2010 44 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 69 (b) implement measures that are directed to climate change including adapting to or adjusting to climate change. 49AS Additional requirements for climate 5 covenants (1) The Premier and the Minister must not enter into a climate covenant unless the covenant-- (a) is consistent with the purposes, policy 10 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; 15 and (c) specifies requirements for reviewing and reporting on performance under the covenant. (2) The Treasurer or any other Minister may also 20 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 25 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 30 Environment as soon as practicable after making the covenant. 561342B.I-28/7/2010 45 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 70 49AU List of covenants (1) The Minister must establish and maintain a list of the climate covenants to which the Minister is a signatory. 5 (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.". 10 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"; 15 (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 20 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 25 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 30 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". 561342B.I-28/7/2010 46 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 71 (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 5 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" 10 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". 15 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 20 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 25 that the members of the panel collectively have skills, expertise or knowledge relating to-- (a) environment protection and conservation; 30 (b) climate change; (c) community networks; (d) issues relating to industry; (e) economics and business management; 561342B.I-28/7/2010 47 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 71 (f) finance or law; (g) local government; (h) rural and regional affairs. (3) The Minister may determine the terms of 5 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 10 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 15 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 20 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 25 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); 30 (b) advising the Premier and the Minister on the operation of the Climate Communities Fund Account; 561342B.I-28/7/2010 48 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 71 (c) advising the Premier and the Minister about fostering community action or innovation in relation to the reduction of greenhouse gas substance emissions 5 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; 10 (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 15 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 20 (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 25 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 30 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, 35 sections 70(6B)(b) and (c), 70A, 70B, 70C, 561342B.I-28/7/2010 49 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 72 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 5 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 10 Fund Account.". 72 Regulations After section 71(1)(faa) of the Environment Protection Act 1970 insert-- "(fab) prohibiting or regulating the emission or 15 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 20 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;". 25 Division 2--Amendment to other Acts See: 73 Transport Integration Act 2010 Act No. 6/2010 and In section 10 of the Transport Integration Act amending 2010-- Act No 6/2010 (a) in paragraph (c) after "environment" insert LawToday: 30 www. "and reduce the overall contribution of legislation. transport-related greenhouse gas emissions"; vic.gov.au (b) in paragraph (d) for "transport." substitute "transport;"; 561342B.I-28/7/2010 50 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 7--Amendments to Environment Protection Act 1970 and other Acts s. 74 (c) after paragraph (d) insert-- "(e) preparing for and adapting to the challenges presented by climate change.". 5 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 10 the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ 561342B.I-28/7/2010 51 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 8--Repeal of Forestry Rights Act 1996 and Consequential Amendment s. 75 of other Acts PART 8--REPEAL OF FORESTRY RIGHTS ACT 1996 AND CONSEQUENTIAL AMENDMENT OF OTHER ACTS See: 75 Repeal of Forestry Rights Act 1996 Act No. 29/1996. Reprint No. 1 The Forestry Rights Act 1996 is repealed. as at 13 September 2001 and amending Act No. 108/2004. LawToday: www. legislation. vic.gov.au 5 See: 76 Amendment of Conservation, Forests and Lands Act No. 41/1987. Act 1987 Reprint No. 7 as at In Schedule 1 to the Conservation, Forests and 28 February 2008 Lands Act 1987 after "Catchment and Land and Protection Act 1994" insert "Climate Change amending 10 Act Nos Act 2010.". 12/2008, 4/2009, 6/2009, 40/2009, 68/2009, 82/2009, 89/2009 and 6/2010. LawToday: www. legislation. vic.gov.au 561342B.I-28/7/2010 52 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 8--Repeal of Forestry Rights Act 1996 and Consequential Amendment s. 77 of other Acts 77 Amendment of Country Fire Authority Act 1958 See: Act No. After section 23AA(10)(b) of the Country Fire 6228. Authority Act 1958 insert-- Reprint No. 13 as at 13 May 2010 "(ba) the owner of a forest carbon right within the and 5 meaning of the Climate Change Act 2010; amending Act Nos or". 6/2010 and 29/2010. LawToday: www. legislation. vic.gov.au 78 Amendment of Crown Land (Reserves) Act 1978 See: Act No. 9212. After section 4(1)(m) of the Crown Land Reprint No. 9 (Reserves) Act 1978 insert-- as at 15 January 10 "(ma) carbon sequestration in vegetation and soil;". 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 79 Amendment of Forests Act 1958 See: Act No. 6254. After section 4(2) of the Forests Act 1958 Reprint No. 10 insert-- as at 8 July 2010 "(3) A right of any person (other than the Crown) and amending 15 to property in forest produce does not Act No. include a carbon sequestration right within 40/2009. LawToday: the meaning of the Climate Change Act www. 2010.". legislation. vic.gov.au 561342B.I-28/7/2010 53 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Part 8--Repeal of Forestry Rights Act 1996 and Consequential Amendment s. 80 of other Acts See: 80 Amendment of Sale of Land Act 1962 Act No. 6975. After section 32(10) of the Sale of Land Act 1962 Reprint No. 13 insert-- as at 1 July 2008 and "(11) To avoid doubt, an agreement to transfer a 5 amending forest carbon right within the meaning of the Act Nos 92/1990, Climate Change Act 2010 is not a contract 6/2008, of sale of land for the purposes of this 12/2008, 68/2009, section.". 1/2010 and 23/2010. LawToday: www. legislation. vic.gov.au 81 Repeal of this Part 10 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). __________________ 561342B.I-28/7/2010 54 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Sch. 1 SCHEDULES SCHEDULE 1 Section 14 ACTS AND DECISIONS OR ACTIONS Name of Act Decision or action Catchment and Land Protection An approval or refusal of an Act 1994 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. 561342B.I-28/7/2010 55 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Sch. 1 Name of Act Decision or action Flora and Fauna Guarantee Act The preparation, making and 1988 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 The preparation of a municipal 2008 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. __________________ 561342B.I-28/7/2010 56 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Sch. 2 SCHEDULE 2 Section 65 TRANSITIONAL PROVISIONS 1 Definitions 5 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; 10 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 15 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 20 immediately before its repeal) continues to apply to-- (a) any forest property agreement or carbon rights agreement existing immediately before the repeal; or 25 (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 30 agreement cannot be extended or amended. 561342B.I-28/7/2010 57 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 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. 5 (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 10 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 15 a forest property agreement is recorded in the Register in relation to that land or part of that land. 561342B.I-28/7/2010 58 BILL LA INTRODUCTION 28/7/2010

Climate Change Bill 2010 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561342B.I-28/7/2010 59 BILL LA INTRODUCTION 28/7/2010

[Index] [Search] [Download] [Related Items] [Help]