Document ID: chunk:federal_register_of_legislation:C2024C00490:section:43:p2
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 43 (pt 2/5)
Character Range: 121113–123585

the right is registered under a Torrens system of registration; or
 (ii) the area of land is Torrens system land, and the right is noted on the relevant certificate of title; and
 (e) under a law of a State or Territory, the right runs with the relevant 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.

Crown land that is not Torrens system land
 (4) 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) holds a legal estate or interest in the area of land; and
 (e) as a result of holding the estate or interest, the person 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 estate or interest 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.
 (5) 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 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.
 (6) 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