Commonwealth Consolidated Acts

CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 - SECT 46

Exclusive possession native title land

  (1)   For the purposes of the application of this Act to an area - based offsets project, if the following conditions are satisfied in relation to the project area, or each of the project areas, for the offsets project:

  (a)   the project area is exclusive possession native title land;

  (b)   there is a registered native title body corporate for the project area;

  (c)   no person (other than a body politic, the common law holders or the registered native title body corporate) has the legal right to carry out the project;

  (d)   no person (other than a body politic, the common law holders or the registered native title body corporate) holds the applicable carbon sequestration right in relation to the project area;

then:

  (e)   the registered native title body corporate for the project area is taken to be the project proponent for the offsets project; and

  (f)   no other person is taken to be the project proponent for the project.

Native title holder has the legal right to carry out the project and holds the applicable carbon sequestration right

  (2)   For the purposes of the application of this Act to an area - based offsets project, if the following conditions are satisfied in relation to the project area, or each of the project areas, for the offsets project:

  (a)   the project area is native title land;

  (b)   there is a registered native title body corporate for the project area;

  (c)   the native title holder has the legal right to carry out the project;

  (d)   the native title holder holds the applicable carbon sequestration right in relation to the project area;

  (e)   subsection   (1) does not apply to the project;

then:

  (f)   the registered native title body corporate for the project area is taken to be the project proponent for the offsets project; and

  (g)   no other person is taken to be the project proponent for the project.