Document ID: chunk:federal_register_of_legislation:C2024C00490:section:43:p3
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 43 (pt 3/5)
Character Range: 123388–125861

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 Crown land in a State or Territory; and
 (c) the area of land is not Torrens system land; and
 (d) a person (other than the Commonwealth, the State, the Territory or a statutory authority of the Commonwealth, the State or the Territory) has the exclusive legal right to obtain the benefit (whether present or future) of sequestration of carbon in the relevant carbon pool on the area of land; and
 (e) under a law of the State or Territory, the right runs with the relevant land; and
 (f) it is not the case that under a law of the State or Territory, the right is, or is taken to be, an estate or interest in land;
the exclusive right is the applicable carbon sequestration right held by the person in relation to the project area.
Note: See subsections (9) and (10), which deal with certain native title land.
 (7) For the purposes of the application of this Act to a sequestration offsets project, if:
 (aa) an area of land is a project area for the project; and
 (a) the area of land is Crown land; and
 (b) the area of land is not Torrens system land; and
 (c) as a result of the area being Crown land:
 (i) the Commonwealth; or
 (ii) a statutory authority of the Commonwealth;
  has the exclusive legal right to obtain the benefit (whether present or future) of sequestration of carbon dioxide by trees on the area of land;
the exclusive right is the applicable carbon sequestration right held by the Commonwealth 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.
 (8) 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 Crown land in a State or Territory; and
 (c) the area of land is not Torrens system land; and
 (d) as a result of the area of land being Crown land:
 (i) the State or Territory; or
 (ii) a statutory authority of the State or Territory;
  has the exclusive legal right to obtain the benefit (whether present or 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