Climate Change Act 2010

i Climate Change Act 2010 No. 54 of 2010 TABLE OF PROVISIONS Section 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 -- 1 of 67 -- Section Page ii 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 -- 2 of 67 -- Section Page iii 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 -- 3 of 67 -- Section Page iv 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 __________________ -- 4 of 67 -- Section Page v 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 INDEX 60 -- 5 of 67 -- 1 Climate Change Act 2010 † No. 54 of 2010 [Assented to 14 September 2010] 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. Victoria -- 6 of 67 -- Climate Change Act 2010 No. 54 of 2010 2 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 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 innovation in the Victorian response to climate change by strengthening the role of communities and other measures; s. 1 -- 7 of 67 -- Part 1—Preliminary Climate Change Act 2010 No. 54 of 2010 3 (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 national and international carbon sequestration efforts; (f) to provide for the creation of forestry rights, carbon sequestration rights and soil carbon rights; (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 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. (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— 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; Carbon Sequestration Agreement means an agreement under section 45; carbon sequestration right has the meaning set out in section 22; s. 2 -- 8 of 67 -- Part 1—Preliminary Climate Change Act 2010 No. 54 of 2010 4 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 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 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 section 27; forestry right has the meaning set out in section 23; greenhouse gas emissions means emissions of— (a) carbon dioxide, methane, nitrous oxide or sulphur hexafluoride; or (b) a hydrofluorocarbon or a perfluorocarbon that is specified in regulations made under the National Greenhouse and Energy Reporting Act 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; old agreement means a forest property agreement or carbon rights agreement existing under the Forestry Rights Act 1996; s. 3 -- 9 of 67 -- Part 1—Preliminary Climate Change Act 2010 No. 54 of 2010 5 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, 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 (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 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; (b) Forests Act 1958; (c) Land Act 1958; (d) National Parks Act 1975; (e) Sustainable Forests (Timber) Act 2004; (f) Victorian Plantations Corporation Act 1993; Secretary has the same meaning as in the Conservation, Forests and Lands Act 1987; soil carbon right has the meaning set out in section 24; s. 3 -- 10 of 67 -- Part 1—Preliminary Climate Change Act 2010 No. 54 of 2010 6 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 Victoria and so far as the legislative power of the Parliament extends, the Crown in all its other capacities. __________________ s. 4 -- 11 of 67 -- Part 2—Emissions Target, Policy Objectives and Guiding Principles Climate Change Act 2010 No. 54 of 2010 7 PART 2—EMISSIONS TARGET, POLICY OBJECTIVES AND GUIDING PRINCIPLES Division 1—Greenhouse gas emissions target 5 Greenhouse gas emissions target (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 (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 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 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; (c) helping communities and industries to adjust to a carbon price; (d) capitalising on new opportunities emerging from a carbon price; s. 5 -- 12 of 67 -- Part 2—Emissions Target, Policy Objectives and Guiding Principles Climate Change Act 2010 No. 54 of 2010 8 (e) enabling Victoria's regions, industries and communities to capture opportunities with respect to the changing climate and adapt to that changing climate; (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 good planning and emergency response systems; (h) working in partnership with Victorians to provide the knowledge and information needed to respond effectively to climate change; (i) helping to ensure vulnerable communities are not further disadvantaged as a result of climate change; (j) reducing emissions across the operations of 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 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 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 s. 7 -- 13 of 67 -- Part 2—Emissions Target, Policy Objectives and Guiding Principles Climate Change Act 2010 No. 54 of 2010 9 relevant to the decision under consideration; and (b) the potential contribution to Victoria's greenhouse gas emissions of the decision 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 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 (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 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 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 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 s. 9 -- 14 of 67 -- Part 2—Emissions Target, Policy Objectives and Guiding Principles Climate Change Act 2010 No. 54 of 2010 10 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 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 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 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 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 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 environment is maintained or enhanced for the benefit of future generations and that any adverse impacts of climate change are minimised for future generations; s. 11 -- 15 of 67 -- Part 2—Emissions Target, Policy Objectives and Guiding Principles Climate Change Act 2010 No. 54 of 2010 11 (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 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— (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 public consultation with the community. __________________ s. 13 -- 16 of 67 -- Part 3—Planning for Climate Change Climate Change Act 2010 No. 54 of 2010 12 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 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 (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— (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 (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 potential— (a) biophysical impacts; (b) long and short term economic, environmental, health and other social impacts; (c) beneficial and detrimental impacts; s. 14 -- 17 of 67 -- Part 3—Planning for Climate Change Climate Change Act 2010 No. 54 of 2010 13 (d) direct and indirect impacts; (e) cumulative impacts. (4) In having regard to the potential contribution to Victoria's greenhouse gas emissions, the relevant 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; (c) increases and decreases in greenhouse gas emissions; (d) cumulative impacts of greenhouse gas emissions. (5) The requirements of this Division apply in 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 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 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 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. s. 15 -- 18 of 67 -- Part 3—Planning for Climate Change Climate Change Act 2010 No. 54 of 2010 14 (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 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 (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 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. (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 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 after the completion of the plan. s. 16 -- 19 of 67 -- Part 3—Planning for Climate Change Climate Change Act 2010 No. 54 of 2010 15 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 (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 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 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 (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 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. (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. s. 17 -- 20 of 67 -- Part 3—Planning for Climate Change Climate Change Act 2010 No. 54 of 2010 16 18 Review of this Act (1) The Minister must ensure that an independent review of this Act is completed before 31 December 2015. (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 (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 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 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; 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 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. s. 18 -- 21 of 67 -- Part 3—Planning for Climate Change Climate Change Act 2010 No. 54 of 2010 17 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 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 of the review. __________________ s. 19 -- 22 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 18 PART 4—FORESTRY RIGHTS, CARBON SEQUESTRATION RIGHTS AND SOIL CARBON RIGHTS ON PRIVATE LAND Division 1—Introductory 20 Application of Part 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 (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 accordance with the Greenhouse Gas Geological Sequestration Act 2008 or carbon sequestered in an underground geological storage formation within the meaning of that Act. 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. 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, lopped or felled. s. 20 -- 23 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 19 23 What is a forestry right? In this Act forestry right means an exclusive right to— (a) plant, establish, manage and maintain 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. 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. 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. 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 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 for any part of the term of the lease unless the lessee consents to the creation of the right. s. 23 -- 24 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 20 (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 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 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 land— (a) a carbon sequestration right; (b) a forestry right; (c) a soil carbon right. (8) A registered forest carbon right— (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. 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 accordance with this Act with the owner of a forest carbon right (if any) relating to the land and with any other person. s. 27 -- 25 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 21 (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 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 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 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 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. (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 negative in nature. s. 28 -- 26 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 22 29 Management obligations (1) A Forestry and Carbon Management Agreement must specify— (a) in relation to the harvesting of vegetation— (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; (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 consider desirable including— (a) requirements for compliance with the requirements under any enactment in relation to vegetation; and (b) requirements for biodiversity conservation; 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 (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— (a) any owner of land; s. 29 -- 27 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 23 (b) any other party to the agreement. Note Land is defined to include any interest in land which may include a forest carbon right. 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— (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 (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; (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 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. s. 30 -- 28 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 24 (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 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 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— (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 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 (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 Agreement in the Register, the obligations specified in the agreement run with the land affected and are binding on any person who s. 32 -- 29 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 25 derives title to an estate or interest in the land from a party to the agreement. 34 Variation of Forestry and Carbon Management Agreement (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 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 (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 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 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 (c) a forest carbon right. s. 34 -- 30 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 26 35 Ending of Forestry and Carbon Management Agreement (1) A Forestry and Carbon Management Agreement may provide that the agreement ends on a date 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 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 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. (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 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. s. 35 -- 31 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 27 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 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 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 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 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 on an application under this section, VCAT may make a declaration as to whether the Forestry and Carbon Management Agreement has ended. s. 37 -- 32 of 67 -- Part 4—Forestry Rights, Carbon Sequestration Rights and Soil Carbon Rights on Private Land Climate Change Act 2010 No. 54 of 2010 28 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 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. __________________ s. 39 -- 33 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 29 PART 5—CARBON SEQUESTRATION ON CROWN LAND Division 1—Application 40 Application (1) This Part applies to unalienated Crown land and 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— (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 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. 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. s. 40 -- 34 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 30 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 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 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 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— (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 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 subject to any conditions specified in the Order. s. 42 -- 35 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 31 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 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 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, 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 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 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. (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 the plantation licence. s. 43 -- 36 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 32 Division 3—Carbon Sequestration Agreements 45 Carbon Sequestration Agreements (1) The Secretary may enter into a Carbon Sequestration Agreement in relation to Crown 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— (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— (i) the use and treatment of conservation workers within the meaning of the Conservation, Forests and Lands Act 1987; (ii) environment protection and 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 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 proposed to be transferred or conveyed to the Crown. s. 45 -- 37 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 33 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 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 (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. 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 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 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; (iv) manage the land for the purpose of carbon sequestration; and s. 46 -- 38 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 34 (c) set out agreements in relation to related matters, including management objectives, harvesting and ownership of harvested material; and (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— (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; (iii) the manner of varying the agreement; (iv) the circumstances in which compensation is payable under the agreement; (v) the rehabilitation or reinstatement of 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 A Carbon Sequestration Agreement may include conditions requiring the provision of securities to the Crown, including the provision of indemnities or insurance. s. 48 -- 39 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 35 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 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 (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 fire suppression; (ii) water allocation; (iii) biodiversity conservation; (iv) mineral resource development and extractive industries; (v) compliance with any Code of Practice under any Act or subordinate instrument applying to the land. 50 Notice of proposed Carbon Sequestration Agreement (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 agreement to— (i) the relevant public land manager; and (ii) any existing lessee or licensee of the land; and s. 49 -- 40 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 36 (iii) the Minister administering the Water Act 1989; and (iv) the relevant Catchment Management Authority under the Catchment and 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. (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 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 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; (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 uses of the land; s. 51 -- 41 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 37 (e) the need to— (i) balance economic, social and environmental considerations relevant to the land; (ii) manage Crown land for multiple purposes; (iii) maximise the value of Crown land, having regard to the objective and principles of ecologically sustainable development; (iv) plan for the sustainable management of water and biodiversity in the relevant catchment; (v) protect persons and property from the 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 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 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. 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. s. 53 -- 42 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 38 55 Ending of Carbon Sequestration Agreement A Carbon Sequestration Agreement may be ended— (a) by the Minister on giving the parties to the 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. 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 must include details of— (a) the making of Carbon Sequestration Agreements; and (b) the variation of Carbon Sequestration Agreements; and (c) the termination of Carbon Sequestration Agreements. Division 4—Fire suppression and prevention 57 Application This Division applies if a Carbon Sequestration 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 respect to fire prevention, fire management or fire suppression. s. 55 -- 43 of 67 -- Part 5—Carbon Sequestration on Crown Land Climate Change Act 2010 No. 54 of 2010 39 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. 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 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 Forests Act 1958 or the Country Fire Authority Act 1958 or the Sustainable Forests (Timber) Act 2004. Division 5—Enforcement 62 Enforcement 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. __________________ s. 59 -- 44 of 67 -- Part 6—General Climate Change Act 2010 No. 54 of 2010 40 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— (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. 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 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 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, 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 person whether— (i) wholly or partially or as amended by the regulations; or s. 63 -- 45 of 67 -- Part 6—General Climate Change Act 2010 No. 54 of 2010 41 (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 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. __________________ s. 65 -- 46 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 42 PART 7—AMENDMENTS TO ENVIRONMENT PROTECTION ACT 1970 AND OTHER ACTS Division 1—Environment Protection Act 1970 66 Definitions In section 4(1) of the Environment Protection Act 1970— (a) insert the following definition— "greenhouse gas substance means— (a) carbon dioxide, methane, nitrous oxide or sulphur hexafluoride, whether in a gaseous or liquid state; or (b) a hydrofluorocarbon or a perfluorocarbon, whether in a gaseous or liquid state, that is specified in regulations made under the National Greenhouse and Energy Reporting Act 2007 of the Commonwealth;"; (b) in the definition of waste, after paragraph (a) insert— "(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— "(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 Victoria's greenhouse emissions target s. 66 See: Act No. 8056. Reprint No. 17 as at 7 May 2009 and amending Act Nos 68/2009, 20/2010 and 29/2010. LawToday: www. legislation. vic.gov.au -- 47 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 43 under the Climate Change Act 2010; and (ii) to regulate the emission and discharge of greenhouse gas substances to reduce 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 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 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 change. 49A Definitions In this Part— 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; 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 to natural s. 68 -- 48 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 44 climate variability observed over comparable time periods.". 69 New Division 2 inserted in Part IX After Division 1A of Part IX of the Environment Protection Act 1970 insert— "Division 2—Climate Covenants 49AQ Definition In this Division, Minister means the Minister administering the Climate Change Act 2010. 49AR Climate covenants (1) The Premier and the Minister may become signatories to a climate covenant with any person or body if— (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 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 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 climate change including adapting to or adjusting to climate change; or s. 69 -- 49 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 45 (b) implement measures that are directed to climate change including adapting to or adjusting to climate change. 49AS Additional requirements for climate covenants (1) The Premier and the Minister must not enter into a climate covenant unless the covenant— (a) is consistent with the purposes, policy 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; and (c) specifies requirements for reviewing and reporting on performance under the covenant. (2) The Treasurer or any other Minister may also 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 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 Environment as soon as practicable after making the covenant. s. 69 -- 50 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 46 49AU List of covenants (1) The Minister must establish and maintain a list of the climate covenants to which the Minister is a signatory. (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.". 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"; (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 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 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 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". s. 70 -- 51 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 47 (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 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" 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". 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 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 that the members of the panel collectively have skills, expertise or knowledge relating to the following— (a) environment protection and conservation; (b) climate change; (c) community networks; (d) issues relating to industry; (e) economics and business management; s. 71 -- 52 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 48 (f) finance or law; (g) local government; (h) rural and regional affairs. (3) The Minister may determine the terms of 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 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 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 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 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); (b) advising the Premier and the Minister on the operation of the Climate Communities Fund Account; s. 71 -- 53 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 49 (c) advising the Premier and the Minister about fostering community action or innovation in relation to the reduction of greenhouse gas substance emissions 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; (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 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 (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 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 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, sections 70(6B)(b) and (c), 70A, 70B, 70C, s. 71 -- 54 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 50 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 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 Fund Account.". 72 Regulations After section 71(1)(faa) of the Environment Protection Act 1970 insert— "(fab) prohibiting or regulating the emission or 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 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;". Division 2—Amendment to other Acts 73 Transport Integration Act 2010 In section 10 of the Transport Integration Act 2010— (a) in paragraph (c) after "environment" insert "and reduce the overall contribution of transport-related greenhouse gas emissions"; (b) in paragraph (d) for "transport." substitute "transport;"; s. 72 See: Act No. 6/2010 and amending Act No 6/2010 LawToday: www. legislation. vic.gov.au -- 55 of 67 -- Part 7—Amendments to Environment Protection Act 1970 and other Acts Climate Change Act 2010 No. 54 of 2010 51 (c) after paragraph (d) insert— "(e) preparing for and adapting to the challenges presented by climate change.". 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 the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ s. 74 -- 56 of 67 -- Part 8—Repeal of Forestry Rights Act 1996 and Consequential Amendment of other Acts Climate Change Act 2010 No. 54 of 2010 52 PART 8—REPEAL OF FORESTRY RIGHTS ACT 1996 AND CONSEQUENTIAL AMENDMENT OF OTHER ACTS 75 Repeal of Forestry Rights Act 1996 The Forestry Rights Act 1996 is repealed. 76 Amendment of Conservation, Forests and Lands Act 1987 In Schedule 1 to the Conservation, Forests and Lands Act 1987 after "Catchment and Land Protection Act 1994" insert "Climate Change Act 2010.". See: Act No. 29/1996. Reprint No. 1 as at 13 September 2001 and amending Act No. 108/2004. LawToday: www. legislation. vic.gov.au s. 75 See: Act No. 41/1987. Reprint No. 7 as at 28 February 2008 and amending Act Nos 12/2008, 4/2009, 6/2009, 40/2009, 68/2009, 82/2009, 89/2009 and 6/2010. LawToday: www. legislation. vic.gov.au -- 57 of 67 -- Part 8—Repeal of Forestry Rights Act 1996 and Consequential Amendment of other Acts Climate Change Act 2010 No. 54 of 2010 53 77 Amendment of Country Fire Authority Act 1958 After section 23AA(10)(b) of the Country Fire Authority Act 1958 insert— "(ba) the owner of a forest carbon right within the meaning of the Climate Change Act 2010; or". 78 Amendment of Crown Land (Reserves) Act 1978 After section 4(1)(m) of the Crown Land (Reserves) Act 1978 insert— "(ma) carbon sequestration in vegetation and soil;". 79 Amendment of Forests Act 1958 After section 4(2) of the Forests Act 1958 insert— "(3) A right of any person (other than the Crown) to property in forest produce does not include a carbon sequestration right within the meaning of the Climate Change Act 2010.". See: Act No. 6228. Reprint No. 13 as at 13 May 2010 and amending Act Nos 6/2010 and 29/2010. LawToday: www. legislation. vic.gov.au s. 77 See: Act No. 9212. Reprint No. 9 as at 15 January 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 See: Act No. 6254. Reprint No. 10 as at 8 July 2010 and amending Act No. 40/2009. LawToday: www. legislation. vic.gov.au -- 58 of 67 -- Part 8—Repeal of Forestry Rights Act 1996 and Consequential Amendment of other Acts Climate Change Act 2010 No. 54 of 2010 54 80 Amendment of Sale of Land Act 1962 After section 32(10) of the Sale of Land Act 1962 insert— "(11) To avoid doubt, an agreement to transfer a forest carbon right within the meaning of the Climate Change Act 2010 is not a contract of sale of land for the purposes of this section.". 81 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 the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ See: Act No. 6975. Reprint No. 13 as at 1 July 2008 and amending Act Nos 92/1990, 6/2008, 12/2008, 68/2009, 1/2010 and 23/2010. LawToday: www. legislation. vic.gov.au s. 80 -- 59 of 67 -- Climate Change Act 2010 No. 54 of 2010 55 SCHEDULES SCHEDULE 1 Section 14 ACTS AND DECISIONS OR ACTIONS Name of Act Decision or action Catchment and Land Protection Act 1994 An approval or refusal of an 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. Sch. 1 -- 60 of 67 -- Climate Change Act 2010 No. 54 of 2010 56 Name of Act Decision or action Flora and Fauna Guarantee Act 1988 The preparation, making and 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 2008 The preparation of a municipal 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. __________________ Sch. 1 -- 61 of 67 -- Climate Change Act 2010 No. 54 of 2010 57 SCHEDULE 2 Section 65 TRANSITIONAL PROVISIONS 1 Definitions 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; 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 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 immediately before its repeal) continues to apply to— (a) any forest property agreement or carbon rights agreement existing immediately before the repeal; or (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 agreement cannot be extended or amended. Sch. 2 -- 62 of 67 -- Climate Change Act 2010 No. 54 of 2010 58 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. (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 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 a forest property agreement is recorded in the Register in relation to that land or part of that land. ═══════════════ Sch. 2 -- 63 of 67 -- Climate Change Act 2010 No. 54 of 2010 59 ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 July 2010 Legislative Council: 12 August 2010 The long title for the Bill for this Act was "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." Endnotes -- 64 of 67 -- Climate Change Act 2010 No. 54 of 2010 60 INDEX Subject Section Actamendments to other Acts 66–73, 76–80 commencement 2 Crown bound by 4 purposes 1 regulations 64 repeal of Forestry Rights Act 1996 75 repeal of Part 7 74 repeal of Part 8 81 review 18, 19 transitional provisions 65, Sch. 2 Agreements See Carbon Sequestration Agreements; Forestry and Carbon Management Agreements Carbon sequestration declaration of availability of Crown land for 42 on encumbered Crown land 44 Secretary's role on Crown land 43 See also Forest carbon rights; Forestry and Carbon Management Agreements Carbon Sequestration Agreements application of Division 4 of Part 5 57, 61 application of Part 9 Conservation, Forests and Lands Act 1987 62 assignment of rights with consent of Secretary 54 consent of lessee, licensee required 51 directions regarding fire suppression, prevention 58–60 ending of 55 entry into by Secretary 45 matters to be considered by Secretary 52 notice of making 53 notice of proposed 50 provisions (general) 47 provisions regarding conditions regarding securities 48 orderly planning of land 49 Register 56 requirements for 46 Climate change adaptation (def.) 3 Climate Change Adaptation Plan 16 decision makers to have regard to 14, 15, Sch. 1 definition 3 Government policy objectives to take account of 6 -- 65 of 67 -- Climate Change Act 2010 No. 54 of 2010 61 Subject Section guiding principles community engagement 13 equity 12 informed decision making 8 integrated decision making 9 risk management 10 to complement Commonwealth Government action 11 Minister to have regard to guiding principles 7 preparation of reports regarding 17 Conservation, Forests and Lands Act 1987 58, 62 Country Fire Authority Act 1958 61 Crown land application of Part 5 40 application of planning laws 63 carbon sequestration on encumbered 44 declaration of availability for carbon sequestration 42 forest produce 42 native title rights not affected 41 public land managers (def.) 3 Secretary's role regarding carbon sequestration 43 See also Carbon Sequestration Agreements Definitions 3, 21, 22, 23, 24, 32, 34, 36, Sch. 2 Department (def.) 3 Forest carbon rights application of planning laws 63 carbon sequestration rights (def.) 22 creation and transfer of 26 definition 21 forestry rights (def.) 23 interests in land 25 soil carbon rights (def.) 24 See also Forestry and Carbon Management Agreements Forest produce 3, 42, 47 Forestry and Carbon Management Agreements commencement 31 conditions regarding security 30 disputes regarding 38 ending of 35, 36, 38 enforcement 37 entry into, parties to 27 management obligations 29, 33 parties, persons bound by 31 purpose 28 recording in register 32, 33, 36, 39 removal from register 36 variation of obligation 34 Forests Act 1958 61 -- 66 of 67 -- Climate Change Act 2010 No. 54 of 2010 62 Subject Section Greenhouse gas emissions decision makers to have regard to potential 14, 15, Sch. 1 definition 3 reports by Minister 17 target 5 Minister powers, duties regarding Carbon Sequestration Agreements 55 Climate Change Adaptation Plan 16 declarations regarding carbon sequestration 42 greenhouse gas emissions target 5 guidelines for decision makers 15 guiding principles 7 reports on climate change, emissions data 17 review of Act 18, 19 Old agreements (def.) 3 Owners (def.) 3 Planning laws 63 Registrar definition 3 duties regarding directions from VCAT 39 Forestry and Carbon Management Agreements 32, 36 registration of forest carbon rights 26 Regulations 64 Relevant Act (def.) 3 Secretary definition 3 powers, duties regarding Carbon Sequestration Agreements 45, 46, 50–54, 56 carbon sequestration on Crown land 43 directions regarding fire suppression, prevention 58, 60 Sustainable Forests (Timber) Act 2004 61 Transfer of Land Act 1958 26, 40 Transitional provisions 65, Sch. 2 VCAT Forestry and Carbon Management Agreements 37, 38 Victorian Plantations Corporation Act 1993 44 -- 67 of 67 --