Document ID: chunk:federal_register_of_legislation:C2024C00490:section:43:p4
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 43 (pt 4/5)
Character Range: 125625–128138

future) of sequestration of carbon in the relevant carbon pool on the area of land;
the exclusive right is the applicable carbon sequestration right held by the State, Territory or statutory authority, as the case may be, in relation to the project area.
Note: See subsections (9) and (10), which deal with certain native title land.

Native title land
 (9) For the purposes of the application of this Act to a sequestration offsets project, if:
 (a) an area of land is a project area for the project; and
 (b) the area of land is native title land; and
 (c) there is a registered native title body corporate for the area of land; and
 (d) as a result of holding the native title, the native title holder has the exclusive legal right to obtain the benefit (whether present or future) of sequestration of carbon dioxide in the relevant carbon pool on the area of land;
then:
 (e) subsections (1), (2), (3), (4), (5), (6), (7) and (8) do not apply in relation to the area of land; and
 (f) the native title is the applicable carbon sequestration right held by the native title holder in relation to the project area.
 (10) For the purposes of the application of this Act to a sequestration offsets project, if:
 (a) an area of land is a project area for the project; and
 (b) the area of land is native title land; and
 (c) as a result of holding the native title, the native title holder has the exclusive legal right to obtain the benefit (whether present or future) of sequestration of carbon dioxide in the relevant carbon pool on the area of land; and
 (d) the exclusive right can be exercised by another person under a registered indigenous land use agreement that is:
 (i) with the registered native title body corporate in relation to the area of land; and
 (ii) covered by section 24BA of the Native Title Act 1993;
then:
 (e) subsections (1), (2), (3), (4), (5), (6), (7) and (8) do not apply in relation to the area of land; and
 (f) the exclusive right is the applicable carbon sequestration right held by the other person in relation to the project area.

Regulations or legislative rules
 (11) For the purposes of the application of this Act to a sequestration offsets project, if:
 (a) an area of land is a project area for the project; and
 (b) a person has:
 (i) a prescribed right in relation to the area of land; or
 (ii) a prescribed estate in the area of land; or
 (iii) a prescribed interest in the area of land;
the prescribed right, prescribed estate or prescribed interest, as the case may