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This is a Bill, not an Act. For current law, see the Acts databases.
Climate Change Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 2
1 Purpose 2
2 Commencement 4
3 Definitions 4
4 Definition of forest carbon right 10
5 Application to Crown 11
Part 2--Greenhouse gas emissions reduction targets 12
Division 1--Long-term emissions reduction target and eligible
offsets 12
6 Long-term emissions reduction target 12
7 Determination for net zero greenhouse gas emissions 12
8 Achieving the long-term emissions reduction target 12
9 Eligible offsets 13
Division 2--Interim emissions reduction targets 13
10 Interim emissions reduction targets 13
11 Form of interim emissions reduction targets 14
12 Independent expert advice in relation to interim emissions
reduction targets 14
13 Publication of independent expert advice 15
14 Matters for consideration in determining interim emissions
reduction targets 16
15 Publication of interim emissions reduction targets 16
16 Amending interim emissions reduction targets 17
Part 3--Climate change considerations 18
17 Decision makers must have regard to climate change 18
18 Ministerial guidelines for actions and decisions 19
19 Minister may have regard to guiding principles 20
Part 4--Policy objectives and guiding principles 21
Division 1--Governmental regard to policy objectives and guiding
principles 21
20 Decision and policy making 21
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Clause Page
21 Ministerial guidelines for the general application of objectives
and principles 21
Division 2--Policy objectives 22
22 Policy objectives 22
Division 3--Guiding principles 23
23 Principle of informed decision making 23
24 Principle of integrated decision making 23
25 Principle of risk management 24
26 Principle of equity 24
27 Principle of community engagement 25
28 Principle of compatibility 25
Part 5--Planning for climate change 27
Division 1--Climate change strategy 27
29 Preparation of climate change strategy 27
30 Content of climate change strategy 27
31 Matters for consideration when preparing climate change
strategy 29
32 Consultation requirements for climate change strategy 29
33 Publication of climate change strategy 30
Division 2--Adaptation action plans 30
34 Preparation of adaptation action plans 30
35 Content of adaptation action plan 31
36 Matters for consideration when preparing adaptation action
plan 32
37 Consultation requirements for adaptation action plan 32
38 Responsibility for adaptation action plans 33
39 Ministerial directions in relation to adaptation action plans 33
40 Publication of adaptation action plan 34
Division 3--Emissions reduction pledges 34
41 Preparation of whole-of-government pledge 34
42 Content of whole-of-government pledge 34
43 Preparation of sector pledges 35
44 Content of sector pledges 36
45 Responsibility for sector pledges 36
46 Preparation of Council pledges 37
47 Content of Council pledges 37
48 Notification of Council pledge 38
49 Ministerial directions in relation to emissions reduction
pledges 38
50 Variation of emissions reduction pledges 38
ii
Clause Page
Part 6--Further information and reports 40
51 Climate science report 40
52 Annual greenhouse gas emissions report 41
53 Calculation of reduction of greenhouse gas emissions 42
54 End of interim target period report 42
55 Information to be included in end of interim target period
report 43
Part 7--Forestry rights, carbon sequestration rights and soil
carbon rights on private land 44
Division 1--Introductory 44
56 Application of Part 44
Division 2--Forest carbon rights 44
57 Creation and transfer of forest carbon rights 44
Division 3--Forestry and Carbon Management Agreements 45
58 Forestry and Carbon Management Agreements 45
59 Purpose of Forestry and Carbon Management Agreement 46
60 Management obligations 47
61 Security 48
62 Commencement of Forestry and Carbon Management
Agreement 48
63 Recording of Forestry and Carbon Management Agreement 49
64 Effect of recording of agreement 49
65 Variation of Forestry and Carbon Management Agreement 50
66 Ending of Forestry and Carbon Management Agreement 51
67 Application to Registrar when agreement ends 51
68 Enforcement of Forestry and Carbon Management Agreement 52
69 Disputes in relation to ending Forestry and Carbon
Management Agreements 52
70 Registrar to give effect to VCAT orders 52
Part 8--Carbon sequestration on Crown land 53
Division 1--Application 53
71 Application 53
72 Native title rights not affected 53
Division 2--Use of Crown land for carbon sequestration 54
73 Declaration of land available for use for carbon sequestration 54
74 Role of Secretary in relation to carbon sequestration on Crown
land 55
75 Carbon sequestration on encumbered Crown land 55
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Clause Page
Division 3--Carbon Sequestration Agreements 56
76 Carbon Sequestration Agreements 56
77 Requirements for Carbon Sequestration Agreements 57
78 What may a Carbon Sequestration Agreement provide for? 57
79 Grant of carbon sequestration right or soil carbon right 59
80 Carbon Sequestration Agreement may also provide for
security to be provided 59
81 Carbon Sequestration Agreement may also include provisions
relevant to orderly planning of land 59
82 Notice of proposed Carbon Sequestration Agreement 60
83 Consent of lessee or licensee required for Carbon
Sequestration Agreement 61
84 Matters to be considered by Secretary 61
85 Notice of making of Carbon Sequestration Agreement 62
86 Consent of Secretary required to transfer a Carbon
Sequestration Agreement or assign rights under an agreement 62
87 Ending of Carbon Sequestration Agreement 63
88 Register of Carbon Sequestration Agreements 63
89 Certificate of Secretary 63
Division 4--Fire suppression and prevention 64
90 Application 64
91 Directions by Secretary or authorised officer 64
92 Person must comply with direction 64
93 Secretary to reimburse for assistance 64
94 Division does not derogate from certain Acts 65
Division 5--Enforcement 65
95 Enforcement 65
Part 9--General 66
96 Application of planning laws 66
97 Regulations 66
Part 10--Repeal and transitional provisions 68
Division 1--Repeal of Climate Change Act 2010 68
98 Repeal of Climate Change Act 2010 68
Division 2--Transitional provisions 68
99 Carbon Sequestration Agreement 68
100 Forestry and Carbon Management Agreement 68
Part 11--Amendment to the Environment Protection Act 1970 69
101 Powers, duties and functions of Authority 69
102 Repeal of Part 11 69
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Clause Page
Schedule 1--Acts and decisions or actions 70
═══════════════
Endnotes 72
1 General information 72
v
Climate Change Act 2017
No. of 2017
[Assented to ]
Preamble
The Parliament of Victoria recognises on behalf
of the people of Victoria that the international
community has reached agreement to hold the
global average temperature increase to well below
2 degrees Celsius above pre-industrial levels and to
pursue efforts to limit the temperature increase to
1*5 degrees Celsius above pre-industrial levels.
There is overwhelming scientific consensus that
human activity is causing climate change and that
global emissions will need to decline to net zero
levels by the second half of the century if this
global goal is to be met.
The Parliament of Victoria recognises that some
changes in the earth's climate are inevitable,
despite all mitigation efforts. Victoria is
particularly vulnerable to the adverse effects of
climate change. Natural disasters are increasing in
frequency and severity as a result of the changing
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Climate Change Act 2017
No. of 2017
climate. Impacts are felt differently and to different
extents across individual regions and communities.
Although responding to climate change is a
responsibility shared by all levels of government,
industry, communities and the people of Victoria,
the role of subnational governments in driving this
transition cannot be understated. Through decisive,
long-term action to reduce greenhouse gas
emissions, the Victorian government can help
Victoria achieve an orderly and just transition to a
net zero greenhouse gas emissions economy and
remain prosperous and liveable. It will also enable
Victoria to benefit from the global trend towards
decarbonisation.
Victoria must also take strong action to build
resilience to, and reduce the risks posed by, climate
change and protect those most vulnerable.
The Parliament of Victoria recognises that the
community wants and expects Victoria to play its
part in global mitigation efforts and in preparing
the community for unavoidable climatic impacts.
This Act will help ensure Victoria remains
prosperous and liveable as we transition to meet
these challenges.
The Parliament of Victoria therefore enacts:
Part 1--Preliminary
1 Purpose
The purpose of this Act is to repeal and
re-enact with amendments the Climate Change
Act 2010--
(a) to set a long-term greenhouse gas emissions
reduction target; and
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No. of 2017
Part 1--Preliminary
(b) to provide for the setting of 5-yearly
interim greenhouse gas emissions reduction
targets in order to reach the long-term
greenhouse gas emissions reduction target;
and
(c) to facilitate the consideration of climate
change issues in specified areas of decision
making of the Government of Victoria; and
(d) to set policy objectives and guiding
principles to inform decision-making under
this Act and the development of government
policy in the State; and
(e) to provide for a strategic response to
climate change through a climate change
strategy, adaptation action plans and
emissions reduction pledges; and
(f) to provide for greater clarity and
accountability through information
collection and reporting; and
(g) to facilitate the State's contribution to
national and international carbon
sequestration efforts; and
(h) to provide for the creation of forestry
rights, carbon sequestration rights and
soil carbon rights; and
(i) to provide for Forestry and Carbon
Management Agreements in relation to
private land and Carbon Sequestration
Agreements in relation to Crown land; and
(j) to implement changes arising from a
statutory review of the Climate Change
Act 2010; and
(k) to make a consequential amendment to the
Environment Protection Act 1970.
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Climate Change Act 2017
No. of 2017
Part 1--Preliminary
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 November 2017, it comes
into operation on that day.
3 Definitions
In this Act--
adaptation means any process of adjusting to
actual or expected climate and its effects
that--
(a) in human systems, seeks to moderate
or avoid harm or exploit beneficial
opportunities; and
(b) in natural systems, may be facilitated
by human intervention;
adaptation action plan means an adaptation
action plan prepared under Division 2 of
Part 5;
annual greenhouse gas emissions report means
a report prepared under section 52;
built environment means the places and structures
built or developed for human occupation, use
and enjoyment;
Examples
Cities, buildings, urban spaces, housing and
infrastructure.
built environment system means--
(a) the built environment; and
(b) how people use and interact with the
built environment;
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Part 1--Preliminary
carbon dioxide equivalent means the standard
unit of measurement used in greenhouse gas
accounting, representing an amount of a
greenhouse gas multiplied by the global
warming potential of that gas;
Carbon Sequestration Agreement means an
agreement entered into under section 76;
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;
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;
climate change strategy means a climate change
strategy prepared under Division 1 of Part 5;
climate science report means a report prepared
under section 51;
Council has the same meaning as in the Local
Government Act 1989;
Council pledge means a statement made under
section 46 in respect of reductions of
greenhouse gas emissions caused or
otherwise influenced by a Council;
Department means the Department of
Environment, Land, Water and Planning;
education and training system means the
services and assets primarily engaged in
the planning, development, provision and
support of education and training, including
future workplace skills and needs;
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eligible offset has the meaning given in section 9;
emissions reduction pledge means--
(a) a whole-of-government pledge; or
(b) a sector pledge; or
(c) a Council pledge;
forest carbon right has the meaning given in
section 4;
forest produce has the same meaning as in the
Forests Act 1958;
Forestry and Carbon Management Agreement
means an agreement entered into under
section 58;
forestry right means an exclusive right, including
a right of entry to land, 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;
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;
guiding principles means the principles set out in
Division 3 of Part 4;
health and human services system means--
(a) the services and assets primarily
engaged in protecting human health
from disease resulting from or
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Part 1--Preliminary
associated with communicable disease,
food, water or the environment; and
(b) the services and assets which provide
human physical and mental health care,
social support and assistance;
instrument has the same meaning as in the
Transfer of Land Act 1958;
interim emissions reduction target means a
greenhouse gas emissions reduction target
determined under Division 2 of Part 2;
interim target period means the period in respect
of which an interim emissions reduction
target has been determined under Division 2
of Part 2;
land has the same meaning as in the Transfer of
Land Act 1958;
long-term emissions reduction target has the
meaning given in section 6;
natural environment system means the State's
natural environment including--
(a) land, water over that land and the soils
and biodiversity associated with that
land; and
(b) the coastal waters of the State
(within the meaning of the Coastal
Waters (State Powers) Act 1980 of the
Commonwealth in relation to Victoria),
the land under those waters and the
biodiversity associated with those
waters and that land; and
(c) the ecological processes and systems
associated with the things set out in
paragraphs (a) and (b);
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Part 1--Preliminary
nominated Minister means--
(a) in Division 2 of Part 5--a Minister
in respect of which a determination is
made for the purposes of an adaptation
action plan; or
(b) in Division 3 of Part 5--a Minister
in respect of which a determination is
made for the purposes of a sector
pledge;
old agreement means a forest property agreement
or carbon rights agreement existing under the
Forestry Rights Act 1996;
owner, in relation to land, includes any person
entitled to be registered as the registered
proprietor of that land;
policy objectives means the objectives set out in
section 22;
primary production system means--
(a) the growing and cultivation of
horticultural and other crops, including
plantation forestry and farm forestry;
and
(b) the controlled breeding, raising or
farming of animals; and
(c) the infrastructure, workforce and
communities supporting the activities
set out in paragraphs (a) and (b);
public land manager, in relation to Crown land,
means--
(a) in relation to reserved Crown land
that is managed by a committee of
management--the committee of
management; or
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Part 1--Preliminary
(b) in relation to any other Crown land--
the Minister, public authority or
municipal council responsible for the
care or management of the land;
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; or
(b) Forests Act 1958; or
(c) Land Act 1958; or
(d) National Parks Act 1975; or
(e) Sustainable Forests (Timber)
Act 2004; or
(f) Victorian Plantations Corporation
Act 1993;
Secretary has the same meaning as in the
Conservation, Forests and Lands
Act 1987;
sector pledge means a statement made under
section 43 in respect of reductions of
greenhouse gas emissions from a prescribed
category of emissions and removals;
soil carbon right means an exclusive right to the
economic benefits of carbon sequestered
underground, excluding carbon stored within
plants;
transport system means all of the components
for the movement of persons and goods,
including--
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No. of 2017
Part 1--Preliminary
(a) physical components, including
transport networks, facilities and
vehicles; and
(b) services components, including
passenger, freight and other transport
services to move persons and goods;
vegetation means any part of a plant, whether
alive or dead;
water cycle system means--
(a) the collection, storage, treatment,
delivery and supply of water, including
recycled water; and
(b) sewerage services, including the
collection, treatment and disposal of
wastewater through sewerage systems
and wastewater treatment plants; and
(c) drainage services, including the
operation of drainage systems; and
(d) flood management services, including
the operation and maintenance of
infrastructure to mitigate floods;
whole-of-government pledge means a
statement made under section 41 in respect
of reductions of greenhouse gas emissions
caused by government operations and
activities.
4 Definition of forest carbon right
(1) In this Act--
forest carbon right means--
(a) a carbon sequestration right; or
(b) a forestry right; or
(c) a soil carbon right.
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Part 1--Preliminary
(2) A forest carbon right is an interest in land.
(3) A forest carbon right is not an easement or right of
way.
5 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.
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Part 2--Greenhouse gas emissions reduction targets
Part 2--Greenhouse gas emissions
reduction targets
Division 1--Long-term emissions reduction target
and eligible offsets
6 Long-term emissions reduction target
(1) For the purposes of this Act, the long-term
emissions reduction target for the State is an
amount of net zero greenhouse gas emissions by
the year 2050.
(2) In this section--
net zero greenhouse gas emissions means zero
greenhouse gas emissions after--
(a) determining the amount of total
greenhouse gas emissions attributable
to the State, including any removals of
greenhouse gas emissions from the
atmosphere due to activities within the
State; and
(b) deducting from the amount described in
paragraph (a) any eligible offsets from
outside of the State.
7 Determination for net zero greenhouse gas emissions
For the purposes of section 6, the Premier and the
Minister must determine the amount of total
greenhouse gas emissions attributable to the State.
8 Achieving the long-term emissions reduction target
The Premier and the Minister must ensure that the
State achieves the long-term emissions reduction
target.
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No. of 2017
Part 2--Greenhouse gas emissions reduction targets
9 Eligible offsets
An eligible offset is a prescribed unit of
greenhouse gas emissions issued under a
prescribed regulatory, accreditation or
certification scheme.
Division 2--Interim emissions reduction targets
10 Interim emissions reduction targets
(1) The Premier and the Minister must determine a
greenhouse gas emissions reduction target for the
State in respect of each of the following periods--
(a) 1 January 2021 to 31 December 2025;
(b) 1 January 2026 to 31 December 2030;
(c) 1 January 2031 to 31 December 2035;
(d) 1 January 2036 to 31 December 2040;
(e) 1 January 2041 to 31 December 2045;
(f) 1 January 2046 to 31 December 2050.
(2) The interim emissions reduction target under
subsection (1)(a) and (b) must be determined on
or before 31 March 2020.
(3) The interim emissions reduction target under
subsection (1)(c) must be determined on or before
31 March 2023.
(4) The interim emissions reduction target under
subsection (1)(d) must be determined on or before
31 March 2028.
(5) The interim emissions reduction target under
subsection (1)(e) must be determined on or before
31 March 2033.
(6) The interim emissions reduction target under
subsection (1)(f) must be determined on or before
31 March 2038.
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Part 2--Greenhouse gas emissions reduction targets
11 Form of interim emissions reduction targets
(1) An interim emissions reduction target must be
expressed as the extent to which the amount of the
State's greenhouse gas emissions is to be reduced
in relation to the amount of the State's greenhouse
gas emissions for the year 2005.
(2) For the purposes of this section, the Minister must
determine a figure that represents the amount of
the State's greenhouse gas emissions for the year
2005 in accordance with the prescribed method.
12 Independent expert advice in relation to interim
emissions reduction targets
(1) Before determining an interim emissions
reduction target, the Minister must obtain advice
from one or more persons who are appropriately
qualified, in the Minister's opinion, to act as an
independent expert.
(2) The advice obtained under subsection (1) must
include the following--
(a) one or more recommended interim targets
for reducing greenhouse gas emissions
during the interim target period;
(b) indicative trajectories for the State to
achieve the long-term emissions reduction
target based on each option identified in
paragraph (a);
(c) potential opportunities across the Victorian
economy as a whole for reducing greenhouse
gas emissions in the most efficient and
cost-effective manner in the interim target
period;
(d) any other matters on which the Minister,
in consultation with the Premier, considers
appropriate.
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Part 2--Greenhouse gas emissions reduction targets
(3) In forming the advice, an independent expert must
consider the following--
(a) the long-term emissions reduction target;
(b) relevant up-to-date climate science,
including any climate science report;
(c) any technology relevant to climate change;
(d) economic circumstances, in particular the
likely impact of the target on the economy
and the competitiveness of particular sectors
of the economy;
(e) social circumstances, in particular the
likely impact of the target on the health and
wellbeing of Victorians;
(f) environmental circumstances, in particular
the benefits to the environment of emissions
reduction;
(g) existing national and global action on
climate change, including any undertakings
relating to the reduction of greenhouse gas
emissions that Australia has given under
international climate change agreements;
(h) any progress towards the reduction of
greenhouse gas emissions, including any
annual greenhouse gas emissions report;
(i) the matters required to be considered
by the Premier and the Minister under
section 14(1)(c), (d) and (2).
(4) The Minister may obtain one piece of independent
expert advice in respect of both interim emissions
reduction targets required under section 10(2).
13 Publication of independent expert advice
(1) The Minister must ensure that a copy of the
independent expert advice obtained under
section 12 in respect of an interim emissions
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Climate Change Act 2017
No. of 2017
Part 2--Greenhouse gas emissions reduction targets
reduction target is laid before each House of the
Parliament within 10 sitting days of that House
after obtaining the advice.
(2) The Minister must publish an independent expert
advice obtained under section 12 on the Internet
site of the Department as soon as practicable after
the advice is laid before each House of the
Parliament under subsection (1).
14 Matters for consideration in determining interim
emissions reduction targets
(1) In determining an interim emissions reduction
target, the Premier and the Minister must have
regard to--
(a) the long-term emissions reduction target; and
(b) the independent expert advice obtained under
section 12; and
(c) the policy objectives; and
(d) the guiding principles; and
(e) any annual greenhouse gas emissions reports
considered relevant.
(2) In addition to subsection (1), the Premier and the
Minister must ensure that each interim emissions
reduction target constitutes a greater reduction in
greenhouse gas emissions than any previous
interim emissions reduction target.
15 Publication of interim emissions reduction targets
(1) The Minister must cause an interim emissions
reduction target to be laid before each House of
the Parliament within 10 sitting days of that
House after the determination of the target.
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Part 2--Greenhouse gas emissions reduction targets
(2) The Minister must publish an interim emissions
reduction target on the Internet site of the
Department as soon as practicable after the target
is laid before each House of the Parliament under
subsection (1).
16 Amending interim emissions reduction targets
(1) Subject to this section, this Division applies to
a proposed amendment to an interim emissions
reduction target as if the proposed amendment
were the initial interim emissions reduction target
for an interim target period.
(2) The Premier and the Minister may amend
an interim emissions reduction target if, in
the opinion of the Premier and the Minister,
exceptional circumstances apply.
(3) Section 10(2) to (6) does not apply to the
amendment of an interim emissions reduction
target.
(4) The publication of an amended interim
emissions reduction target must be accompanied
by a statement of the reasons why the amendment
is necessary.
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No. of 2017
Part 3--Climate change considerations
Part 3--Climate change considerations
17 Decision makers must 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 prescribed provision of an Act
specified in Schedule 1; 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 the State's
greenhouse gas emissions of the decision
or action; and
(c) any guidelines issued by the Minister under
section 18.
(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--
(a) potential biophysical impacts; and
(b) potential long and short term economic,
environmental, health and other social
impacts; and
(c) potential beneficial and detrimental impacts;
and
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Part 3--Climate change considerations
(d) potential direct and indirect impacts; and
(e) potential cumulative impacts.
(4) In having regard to the potential contribution to
the State's greenhouse gas emissions, the relevant
considerations for a person making a decision or
taking an action are--
(a) potential short-term and long-term
greenhouse gas emissions; and
(b) potential direct and indirect greenhouse
gas emissions; and
(c) potential increases and decreases in
greenhouse gas emissions; and
(d) potential cumulative impacts of greenhouse
gas emissions.
(5) The requirements of this Part 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 Part 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 the State's greenhouse gas
emissions in making any other decision or taking
any other action under any other Act or
subordinate instrument.
18 Ministerial guidelines for actions and decisions
(1) The Minister may issue guidelines for a person
making a decision or taking an action referred to
in section 17(1) as to the scope and application of
the factors that the person is required to consider
under section 17(2) when making that decision or
taking that action.
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Part 3--Climate change considerations
(2) The Minister must consult with the Minister
administering an Act or a subordinate instrument
referred to in section 17(1) before making a
guideline that relates to a decision or an action
under that Act or subordinate instrument.
(3) The Minister must publish the guidelines in the
Government Gazette.
19 Minister may have regard to guiding principles
The Minister may have regard to incorporating
any of the guiding principles in making or issuing
Ministerial guidelines under section 18 if the
Minister considers the principle is relevant in the
circumstances.
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No. of 2017
Part 4--Policy objectives and guiding principles
Part 4--Policy objectives and
guiding principles
Division 1--Governmental regard to policy
objectives and guiding principles
20 Decision and policy making
The Government of Victoria will endeavour to
ensure that any decision made by the Government
and any policy, program or process developed or
implemented by the Government appropriately
takes account of climate change if it is relevant by
having regard to the policy objectives and the
guiding principles.
21 Ministerial guidelines for the general application of
objectives and principles
(1) The Minister may issue guidelines about how the
Government of Victoria is to have regard to the
policy objectives and the guiding principles when
making a decision or developing or implementing
a policy, program or process.
(2) Without limiting subsection (1), guidelines issued
under that subsection may--
(a) provide practical guidance on the
application of the policy objectives and
the guiding principles; or
(b) provide guidance on when the policy
objectives and guiding principles may be
taken into account; or
(c) provide guidance on how an obligation
to consider policy objectives and guiding
principles under this Act may be discharged.
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Part 4--Policy objectives and guiding principles
(3) Guidelines issued under subsection (1) may--
(a) apply to all decisions, policies, programs or
processes; or
(b) apply to a specified class of decision, policy,
program or process.
Division 2--Policy objectives
22 Policy objectives
The policy objectives of this Act are--
(a) to reduce the State's greenhouse gas
emissions consistently with the long-term
emissions reduction target and interim
emissions reduction targets; and
(b) to build the resilience of the State's
infrastructure, built environment and
communities through effective adaptation
and disaster preparedness action; and
(c) to manage the State's natural resources,
ecosystems and biodiversity to promote
their resilience; and
(d) to promote and support the State's regions,
industries and communities to adjust to the
changes involved in the transition to a net
zero greenhouse gas emissions economy,
including capturing new opportunities and
addressing any impacts arising from the need
to reduce greenhouse gas emissions across
the economy; and
(e) to support vulnerable communities and
promote social justice and intergenerational
equity.
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Part 4--Policy objectives and guiding principles
Division 3--Guiding principles
23 Principle of informed decision making
It is a guiding principle of this Act that a decision,
policy, program or process--
(a) should be based on a comprehensive
analysis of the best practicably available
information about the potential impacts of
climate change that is relevant to the
decision, policy, program or process under
consideration; and
(b) should take into account the potential
contribution to the State's greenhouse gas
emissions.
24 Principle of integrated decision making
It is a guiding principle of this Act that a
decision, policy, program or process should
integrate the competing long-term, medium-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, policy, program
or process are 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, policy, program or process are cost
effective and in proportion to the problems
relating to climate change that are relevant to
the decision, policy, program or process.
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25 Principle of risk management
(1) It is a guiding principle of this Act that a decision,
policy, program or process 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 understood and endeavouring to
achieve best practice.
(2) It is a guiding principle of this Act that a
decision, policy, program or process 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.
26 Principle of equity
It is a guiding principle of this Act that a decision,
policy, program or process 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
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Part 4--Policy objectives and guiding principles
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;
(d) the present generation should consider the
long-term, medium-term and short-term
consequences of decisions, policies,
programs and processes that may impact
on climate change.
27 Principle of community engagement
It is a guiding principle of this Act that
community involvement in decisions, policies,
programs or processes relating to climate change
that may affect members of the community or
members of the community in future generations,
especially members of vulnerable or marginalised
communities, 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, policy, program
or process; and
(c) providing for appropriate and adequate
public consultation with the community.
28 Principle of compatibility
It is a guiding principle of this Act that a
decision, policy, program or process to address
issues relating to climate change should--
(a) seek to promote a coherent policy framework
within the State; and
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(b) seek to achieve cohesion the policies,
programs, initiatives, standards or
commitments relating to climate change
of--
(i) other States or Territories; and
(ii) the government of the Commonwealth;
and
(iii) governments of other countries; and
(iv) international bodies and organisations.
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Part 5--Planning for climate change
Part 5--Planning for climate change
Division 1--Climate change strategy
29 Preparation of climate change strategy
(1) The Minister must prepare a climate change
strategy on or before 31 October 2020.
(2) The Minister must prepare further climate
change strategies on or before 31 October in
every fifth year after 31 October 2020 up to
and including 31 October 2045.
(3) A climate change strategy must relate to the
period of 5 years starting on 1 January in the
year following its preparation.
30 Content of climate change strategy
(1) A climate change strategy must include--
(a) a statement of priorities; and
(b) an adaptation component; and
(c) an emissions reduction component.
(2) The statement of priorities of a climate
change strategy must include a description of
the Government of Victoria's priorities in
relation to--
(a) adaptation; and
(b) the reduction of greenhouse gas emissions;
and
(c) planning for the State's transition to meet
the challenges of climate change and to
capitalise on the opportunities created by
climate change.
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(3) The adaptation component of a climate change
strategy must include the following--
(a) a summary of the most recent climate
science report, including the implications of
climate change for the State and any regions
of the State;
(b) the medium-term and long-term objectives of
the State in respect of adaptation, including
any regions of the State;
(c) actions which may be taken by the
Government of Victoria to ensure that the
effects of climate change are considered
during the carrying out of its operations and
activities.
(4) The emissions reduction component of a
climate change strategy must include the
following information in respect of the period
to which the strategy relates--
(a) the interim emissions reduction target;
(b) the whole-of-government pledge;
(c) the sector pledges;
(d) any Council pledges;
(e) an assessment of the estimated total level
of greenhouse gas emissions reductions
resulting from the implementation of
emissions reduction pledges;
(f) information about any other proposals from
the business sector or wider community
attempting to reduce greenhouse gas
emissions that the Minister considers
appropriate.
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(5) The Minister must ensure that a climate change
strategy includes a report on the implementation
and effectiveness, as at the time the strategy is
prepared, of any preceding climate change
strategy.
(6) In respect of the climate change strategy prepared
under section 29(1), the strategy must include a
report on the implementation and effectiveness, as
at the time the strategy is prepared, of any Climate
Change Adaptation Plan prepared under the
Climate Change Act 2010 that is in effect
immediately before the repeal of that Act.
31 Matters for consideration when preparing climate
change strategy
In preparing a climate change strategy, the
Minister must consider--
(a) the policy objectives; and
(b) the guiding principles; and
(c) any independent expert advice obtained
under section 12; and
(d) any climate science reports; and
(e) any annual greenhouse gas emissions
reports; and
(f) any written submissions in relation to the
strategy under section 32.
32 Consultation requirements for climate change
strategy
Before finalising a climate change strategy, the
Minister must publish on the Internet site of the
Department--
(a) a draft of the climate change strategy; and
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(b) a statement that any person may make a
written submission to the Minister in relation
to the draft strategy; and
(c) details of how a person may make a written
submission; and
(d) the date by which written submissions must
be received by the Minister, being at least
28 days after the draft is published.
33 Publication of climate change strategy
(1) The Minister must cause a climate change
strategy to be laid before each House of the
Parliament within 10 sitting days of that House
after the strategy is prepared.
(2) The Minister must publish a climate change
strategy on the Internet site of the Department
as soon as practicable after the strategy is laid
before each House of the Parliament under
subsection (1).
Division 2--Adaptation action plans
34 Preparation of adaptation action plans
(1) An adaptation action plan must be prepared
by the relevant nominated Minister on or before
31 October 2021.
(2) The nominated Minister must prepare further
adaptation actions plans on or before 31 October
in every fifth year after 31 October 2021 up to and
including 31 October 2046.
(3) An adaptation action plan must relate to the
period of 5 years starting on 1 January in the year
following its preparation.
(4) An adaptation action plan must be prepared in
respect of the following systems--
(a) the built environment system;
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(b) the education and training system;
(c) the health and human services system;
(d) the natural environment system;
(e) the primary production system;
(f) the transport system;
(g) the water cycle system;
(h) any other prescribed system.
35 Content of adaptation action plan
(1) An adaptation action plan must include--
(a) a statement of the roles and responsibilities
of the Government of Victoria and other
governments, persons and bodies in relation
to the relevant system; and
(b) an assessment, in relation to the relevant
system, of the extent to which existing
policies of the Government of Victoria
address the statement of priorities of a
climate change strategy; and
(c) if identified under the assessment referred
to in paragraph (b), a list of further actions
over the next 5 years that could address the
statement of priorities of a climate change
strategy.
(2) In addition to subsection (1), an adaptation action
plan may include--
(a) a summary of any other climate change
implications for the relevant system,
including risks or vulnerabilities not
included in the statement of priorities,
and any possible actions to address those
implications; or
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(b) information about any other proposals from
any person or body, including the business
sector or wider community, that relate to
adaptation of the relevant system that the
nominated Minister considers relevant; or
(c) any other data relied on in the development
of the plan that the nominated Minister
considers relevant; or
(d) any other information the nominated
Minister considers necessary.
(3) The nominated Minister must ensure that an
adaptation action plan includes a report on the
implementation and effectiveness, as at the time
the plan is prepared, of any previous adaptation
action plan prepared by that Minister.
36 Matters for consideration when preparing
adaptation action plan
In preparing an adaptation action plan, a
nominated Minister must consider--
(a) the policy objectives; and
(b) the guiding principles; and
(c) any climate science reports; and
(d) any written submissions in relation
to the plan under section 37.
37 Consultation requirements for adaptation action
plan
Before finalising an adaptation action plan, the
nominated Minister must publish on the Internet
site of the relevant Department--
(a) a draft of the proposed adaptation action
plan; and
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(b) a statement that any person may make
a written submission to the nominated
Minister in relation to the draft plan; and
(c) details of how a person may make a written
submission; and
(d) the date by which written submissions
must be received by the nominated Minister,
being at least 28 days after the draft plan is
published.
38 Responsibility for adaptation action plans
(1) The Minister may determine in writing any other
Minister to be the nominated Minister for the
purposes of preparing an adaptation action plan in
respect of a system referred to in section 34(4).
(2) The Minister must consult with the Premier before
making a determination under subsection (1).
(3) A determination may specify more than one
Minister in respect of a system, or be made in
respect of part of a system.
(4) If the Minister does not make a determination in
respect of a system, the Minister is taken to be the
nominated Minister for that system.
39 Ministerial directions in relation to adaptation
action plans
(1) The Minister may issue directions for or with
respect to the preparation of adaptation action
plans.
(2) Without limiting subsection (1) the directions
may specify the methodology to be applied to the
identification of actions in the preparation of an
adaptation action plan and recommend types of
information to be used for that plan.
(3) A nominated Minister must have regard to any
directions in preparing an adaptation action plan.
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40 Publication of adaptation action plan
(1) The nominated Minister must cause an adaptation
action plan to be laid before each House of the
Parliament within 10 sitting days of that House
after the plan is prepared.
(2) The nominated Minister must publish an
adaptation action plan on the Internet site of the
relevant Department as soon as practicable after
the plan is laid before each House of the
Parliament under subsection (1).
Division 3--Emissions reduction pledges
41 Preparation of whole-of-government pledge
(1) The Minister must make a statement in respect of
whole-of-government greenhouse gas emissions
reductions on or before 1 August 2020.
(2) The Minister must make further statements in
respect of whole-of-government greenhouse gas
emissions reductions on or before 1 August in
every fifth year after 1 August 2020 up to and
including 1 August 2045.
(3) A whole-of-government pledge must relate to the
period of 5 years starting on 1 January in the year
following its preparation.
42 Content of whole-of-government pledge
(1) A whole-of-government pledge must include--
(a) a description of actions to be undertaken
by an applicable government body over the
next 5 years that are reasonably expected to
contribute to the reduction of greenhouse gas
emissions caused by government operations
and activities; and
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(b) a reasonable estimate of the total level
of greenhouse gas emissions reductions
expected to result from the implementation
of those actions.
(2) In preparing a whole-of-government pledge,
the Minister must consider--
(a) the policy objectives; and
(b) the guiding principles; and
(c) any independent expert advice obtained
under section 12.
(3) In addition to subsection (2), the Minister may
consider any annual greenhouse gas emissions
report in preparing a whole-of-government
pledge.
(4) In this section--
applicable government body means--
(a) a Department within the meaning
of the Public Administration
Act 2004; and
(b) any prescribed entity established
by or under a law of the State; and
(c) any other entity that has provided the
Minister with any action to be included
in a whole-of-government pledge.
43 Preparation of sector pledges
(1) The relevant nominated Minister must make a
statement in respect of greenhouse gas emissions
reductions for a prescribed category of emissions
and removals on or before 1 August 2020.
(2) The nominated Minister must make further
statements in respect of greenhouse gas emissions
reductions for a prescribed category of emissions
and removals on or before 1 August in every
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fifth year after 1 August 2020 up to and including
1 August 2045.
(3) A sector pledge must relate to the period of
5 years starting on 1 January in the year following
its preparation.
44 Content of sector pledges
(1) A sector pledge must include--
(a) a description of actions to be undertaken
by the Government of Victoria over the
next 5 years that are reasonably expected to
contribute to the reduction of greenhouse gas
emissions from a prescribed category of
emissions and removals; and
(b) a reasonable estimate of the total level
of greenhouse gas emissions reductions
expected to result from the implementation
of those actions.
(2) In preparing a sector pledge, the nominated
Minister must consider--
(a) the policy objectives; and
(b) the guiding principles; and
(c) any independent expert advice obtained
under section 12.
(3) In addition to subsection (2), the nominated
Minister may consider any annual greenhouse gas
emissions report in preparing a sector pledge.
45 Responsibility for sector pledges
(1) The Minister may determine in writing any
other Minister to be the nominated Minister
for the purposes of preparing a sector pledge in
respect of a prescribed category of emissions and
removals.
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(2) The Minister must consult with the Premier before
making a determination under subsection (1).
(3) A determination may specify more than one
Minister in respect of a prescribed category of
emissions or removals, or be made in respect of
part of a category of emissions or removals.
(4) If the Minister does not make a determination
in respect of a prescribed category of emissions
and removals, the Minister is taken to be the
nominated Minister for that category.
46 Preparation of Council pledges
(1) A Council may make a statement in respect of
greenhouse gas emissions reductions resulting
from the performance of the Council's powers and
duties under the Local Government Act 1989 on
or before 1 August 2020.
(2) A Council may make a statement in respect of
greenhouse gas emissions reductions on or before
1 August in every fifth year after 1 August 2020
up to and including 1 August 2045.
(3) A Council pledge must relate to the period of
5 years starting on 1 January in the year following
its preparation.
47 Content of Council pledges
(1) A Council pledge must include--
(a) a description of actions to be undertaken
by the Council over the next 5 years that
are reasonably expected to contribute to
the reduction of greenhouse gas emissions
caused or otherwise influenced by the
Council; and
(b) a reasonable estimate of the total level
of greenhouse gas emissions reductions
expected to result from the implementation
of those actions.
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(2) In preparing a Council pledge, a Council must
consider--
(a) the policy objectives; and
(b) the guiding principles.
48 Notification of Council pledge
A Council that prepares a Council pledge must
give a copy of the pledge to the Minister as soon
as practicable after its preparation.
49 Ministerial directions in relation to emissions
reduction pledges
(1) The Minister may issue directions for or with
respect to the preparation of emissions reduction
pledges.
(2) Without limiting subsection (1) the directions
may--
(a) specify the methodology to be used in
determining the estimated reduction in
greenhouse gas emissions set out in the
emissions reduction pledge; or
(b) specify the appropriate consultation to be
undertaken by a nominated Minister or
Council.
(3) A nominated Minister or a Council must have
regard to any directions in preparing an emissions
reduction pledge.
50 Variation of emissions reduction pledges
(1) The Minister, at any time, may vary a whole-of-
government pledge that is in force at the time of
the variation.
(2) A nominated Minister, at any time, may vary a
sector pledge that is in force at the time of the
variation.
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(3) If the Minister or a nominated Minister varies an
emissions reduction pledge after the publication of
the climate change strategy in respect of the same
period, the relevant Minister must--
(a) publish notice of the variation in the
Government Gazette; and
(b) publish an up-to-date consolidated version of
the pledge on the Internet site of the relevant
Department.
39
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No. of 2017
Part 6--Further information and reports
Part 6--Further information and reports
51 Climate science report
(1) The Minister must prepare a report on the science
and data relevant to climate change in the State.
(2) The Minister must ensure that a report under
subsection (1) sets out--
(a) a synthesis of the best practicably available
climate change science and its implications
for the State and any regions of the State;
and
(b) data on observed changes in climate in the
State; and
(c) any other information about the science and
data relevant to climate change in the State,
including any regions of the State, that the
Minister considers appropriate.
(3) The Minister must ensure that a report
under subsection (1) is prepared on or before
31 October 2019 and on or before 31 October in
every fifth year after that date up to and including
31 October 2044.
(4) The Minister must cause a copy of a report under
subsection (1) to be laid before each House of the
Parliament within 10 sitting days of that House
after the completion of the report.
(5) The Minister must publish the report on the
Internet site of the Department as soon as
practicable after the report is laid before each
House of the Parliament under subsection (4).
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52 Annual greenhouse gas emissions report
(1) The Minister must prepare an annual report on the
State's greenhouse gas emissions that--
(a) sets out an overview and collation of the
best practicably available information about
the State's greenhouse gas emissions; and
(b) sets out the extent to which the amount of
the State's greenhouse gas emissions has
been reduced in relation to the amount of
the State's greenhouse gas emissions for the
year 2005 determined under section 11(2);
and
(c) includes any other information about the
State's greenhouse gas emissions that the
Minister considers appropriate.
(2) For the purposes of subsection (1)(b), the method
for calculating any reduction in the amount of the
State's greenhouse gas emissions is the method set
out in section 53.
(3) The Minister must prepare a report under
subsection (1) on or before 31 October 2018 and
on or before 31 October every following year.
(4) The Minister must cause a copy of a report under
subsection (1) to be laid before each House of the
Parliament within 10 sitting days of that House
after the completion of the report.
(5) The Minister must publish a report under
subsection (1) on the Internet site of the
Department as soon as practicable after the
report is laid before each House of the Parliament
under subsection (4).
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53 Calculation of reduction of greenhouse gas
emissions
A reduction in the amount of the State's
greenhouse gas emissions is calculated in
accordance with the formula--
A−B
where--
A is the carbon dioxide equivalent of the
total amount of the State's greenhouse gas
emissions for the year 2005 determined
under section 11(2);
B is the carbon dioxide equivalent of the
total amount of the State's greenhouse gas
emissions, determined in accordance with
the regulations, for the most recent year for
which the State's greenhouse gas emissions
data is practicably available.
54 End of interim target period report
(1) The Minister must prepare a report that includes
the information specified in section 55 for each
interim target period.
(2) The Minister must ensure that a report under
subsection (1) is prepared within 2 years after
the end of the interim target period for which the
report is prepared.
(3) The Minister must cause a copy of a report under
subsection (1) to be laid before each House of the
Parliament within 10 sitting days of that House
after the completion of the report.
(4) The Minister must publish a report under
subsection (1) on the Internet site of the
Department as soon as practicable after the
completion of the report.
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55 Information to be included in end of interim target
period report
The Minister must ensure that a report under
section 54--
(a) sets out the total amount of the State's
greenhouse gas emissions during the interim
target period; and
(b) states whether the interim emissions
reduction target determined for the interim
target period has been achieved; and
(c) if the interim emissions reduction target has
not been achieved--
(i) sets out the reasons why that target was
not achieved; and
(ii) contains a statement of any
implications of the failure to achieve
the interim emissions reduction target
for the achievement of subsequent
interim emissions reduction targets; and
(d) contains an assessment of the cumulative
progress towards achieving the long-term
emissions reduction target; and
(e) in the case of the report prepared for the
interim target period ending on 31 December
2050, states whether the long-term emissions
reduction target has been achieved; and
(f) assesses the implementation and
effectiveness, including the cost
effectiveness, of the emissions reduction
pledges included in any climate change
strategy that was in force during the
interim target period; and
(g) any other information relevant to the
interim target period that the Minister
considers appropriate.
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Part 7--Forestry rights, carbon sequestration rights and
soil carbon rights on private land
Part 7--Forestry rights,
carbon sequestration rights and
soil carbon rights on private land
Division 1--Introductory
56 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.
Division 2--Forest carbon rights
57 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
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soil carbon rights on private land
for any part of the term of the lease unless the
lessee consents to the creation of the right.
(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
58 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
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accordance with this Act with the owner of a
forest carbon right (if any) relating to the land
and with any other person.
(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.
59 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 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.
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(3) An obligation under a Forestry and Carbon
Management Agreement may be positive or
negative in nature.
60 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; and
(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.
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soil carbon rights on private land
(3) An obligation specified in a Forestry and Carbon
Management Agreement may be placed on any of
the following--
(a) any owner of land;
(b) any other party to the agreement.
Note
Land is defined to include any interest in land which may
include a forest carbon right.
61 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; or
(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; or
(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.
62 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.
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(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.
63 Recording of Forestry and Carbon Management
Agreement
(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.
64 Effect of recording of agreement
In addition to section 62, 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
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soil carbon rights on private land
affected and are binding on any person who
derives title to an estate or interest in the land
from a party to the agreement.
65 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 63 and 64 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.
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66 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.
67 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 66 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.
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68 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.
69 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.
70 Registrar to give effect to VCAT orders
In any proceeding in VCAT under section 68
or 69 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.
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Part 8--Carbon sequestration on Crown land
Part 8--Carbon sequestration on
Crown land
Division 1--Application
71 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.
(5) This Part continues to apply to Crown land in
relation to which a carbon sequestration right or
soil carbon right has been granted under a Carbon
Sequestration Agreement made under this Part.
72 Native title rights not affected
Rights and interests 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.
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Division 2--Use of Crown land for
carbon sequestration
73 Declaration of land available for use for carbon
sequestration
(1) The Governor in Council, on the recommendation
of the Minister, by Order published in the
Government Gazette, may 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.
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74 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 73(1)(b) so provides.
(3) Subject to section 75, the Secretary holds,
manages and controls carbon sequestered on or
under unalienated Crown land for and on behalf
of the Crown.
75 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, controlled, 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 1 July 2011 is
entitled to a carbon sequestration right in relation
to the land during the duration of the plantation
licence.
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Part 8--Carbon sequestration on Crown land
Division 3--Carbon Sequestration Agreements
76 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 73(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.
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(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.
Note
The entry into a Carbon Sequestration Agreement under this
section may be a land use activity under the Traditional Owner
Settlement Act 2010 if it relates to public land to which a land
use activity agreement under that Act applies.
77 Requirements for Carbon Sequestration
Agreements
The Secretary, from time to time by notice
published in the Government Gazette, may
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.
78 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 the term of the agreement; or
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Part 8--Carbon sequestration on Crown land
(b) authorise a person to do 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;
(c) set out agreements in relation to related
matters, including management objectives,
harvesting and ownership of harvested
material; or
(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; or
(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 87;
(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.
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Part 8--Carbon sequestration on Crown land
79 Grant of carbon sequestration right or soil carbon
right
(1) The Secretary must not enter into a Carbon
Sequestration Agreement that grants a person a
carbon sequestration right or soil carbon right in
relation to Crown land unless that person is a
party to the agreement.
(2) The Secretary must not grant a person a carbon
sequestration right and a soil carbon right in
relation to Crown land except under a separate
Carbon Sequestration Agreement for each right.
(3) A carbon sequestration right or soil carbon right
granted in relation to Crown land under a Carbon
Sequestration Agreement is extinguished on the
date the agreement ends.
80 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.
81 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--
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Part 8--Carbon sequestration on Crown land
(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.
82 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
(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.
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83 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.
84 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;
(e) the need to--
(i) balance economic, social and
environmental considerations relevant
to the land; and
(ii) manage Crown land for multiple
purposes; and
(iii) maximise the value of Crown land,
having regard to the objectives and
principles of ecologically sustainable
development; and
(iv) plan for the sustainable management of
water and biodiversity in the relevant
catchment; and
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(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.
85 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.
86 Consent of Secretary required to transfer a Carbon
Sequestration Agreement or assign rights under an
agreement
(1) A person cannot transfer a Carbon Sequestration
Agreement or assign any rights under a Carbon
Sequestration Agreement without the written
consent of the Secretary.
(2) The Secretary must not consent to the transfer
of a Carbon Sequestration Agreement to a person
unless the carbon sequestration right or soil
carbon right granted by the agreement is assigned
to that person for the remainder of the term of the
agreement.
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87 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 than 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.
88 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 carbon sequestration rights and soil
carbon rights that are granted under Carbon
Sequestration Agreements; and
(c) the variation of Carbon Sequestration
Agreements; and
(d) the transfer of Carbon Sequestration
Agreements and the assignment of carbon
sequestration rights and soil carbon rights
that are granted under Carbon Sequestration
Agreements; and
(e) the termination of Carbon Sequestration
Agreements.
89 Certificate of Secretary
An extract from the Register of Carbon
Sequestration Agreements certified by the
Secretary to be a true copy and setting out that a
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Part 8--Carbon sequestration on Crown land
person is a party to a Carbon Sequestration
Agreement that grants the person--
(a) a carbon sequestration right in relation to
Crown land is evidence that the person is the
owner of the carbon sequestration right; or
(b) a soil carbon right in relation to Crown land
is evidence that the person is the owner of
the soil carbon right.
Division 4--Fire suppression and prevention
90 Application
This Division applies if a Carbon Sequestration
Agreement affects land.
91 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.
92 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.
93 Secretary to reimburse for assistance
If a person carries out works pursuant to a
direction under section 91, 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.
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Part 8--Carbon sequestration on Crown land
94 Division does not derogate from certain Acts
Nothing in this Division derogates from the
Forests Act 1958, the Country Fire Authority
Act 1958 or the Sustainable Forests (Timber)
Act 2004.
Division 5--Enforcement
95 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.
65
Climate Change Act 2017
No. of 2017
Part 9--General
Part 9--General
96 Application of planning laws
The creation, transfer or registration of a right
under Part 7 or 8 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.
97 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing eligible offsets; and
(b) prescribing regulatory, accreditation or
certification schemes; and
(c) prescribing other systems for the purposes
of adaptation action plans; and
(d) prescribing entities for the purposes of
whole-of-government emissions reduction
pledges; and
(e) setting out categories of greenhouse gas
emissions and removals for the purposes of
sector emissions reduction pledges; and
(f) prescribing a method to determine a figure
that represents the amount of the State's
greenhouse gas emissions for the year 2005
for the purposes of section 11(2); and
(g) prescribing a method to determine whether
an interim emissions reduction target has
been achieved; and
(h) prescribing how the State's greenhouse gas
emissions for a particular year are to be
determined; and
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Part 9--General
(i) generally prescribing any matter required
or permitted to be prescribed by this Act or
necessary to be prescribed to give effect to
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
(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.
67
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No. of 2017
Part 10--Repeal and transitional provisions
Part 10--Repeal and transitional provisions
Division 1--Repeal of Climate Change Act 2010
98 Repeal of Climate Change Act 2010
The Climate Change Act 2010 is repealed.
Division 2--Transitional provisions
99 Carbon Sequestration Agreement
On the repeal of the Climate Change Act 2010,
a Carbon Sequestration Agreement entered into
under section 45 of that Act that is in effect
immediately before that repeal is taken to be
a Carbon Sequestration Agreement under
section 76.
100 Forestry and Carbon Management Agreement
On the repeal of the Climate Change Act 2010,
a Forestry and Carbon Management Agreement
entered into under section 27 of that Act that is in
effect immediately before that repeal is taken to
be a Forestry and Carbon Management Agreement
under section 58.
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No. of 2017
Part 11--Amendment to the Environment Protection Act 1970
Part 11--Amendment to the Environment
Protection Act 1970
101 Powers, duties and functions of Authority
Before section 13(1)(ga)(ii) of the Environment
Protection Act 1970 insert--
"(i) to regulate the emission of greenhouse
gas substances to contribute to the State's
long-term emissions reduction target and
interim emissions reduction targets under the
Climate Change Act 2017; and".
102 Repeal of Part 11
This Part is repealed on 1 November 2018.
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).
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Schedule 1--Acts and decisions or actions
Schedule 1--Acts and decisions or actions
Section 17
Name of Act Decision or action
Catchment and Land Protection An approval or refusal of an
Act 1994 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.
Flora and Fauna Guarantee The preparation, making and
Act 1988 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.
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Schedule 1--Acts and decisions or actions
Name of Act Decision or action
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 The preparation of a municipal
Act 2008 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.
═══════════════
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to repeal and
re-enact with amendments the Climate Change Act 2010, to establish
greenhouse gas emissions reduction targets for Victoria, to set out policy
objectives and guiding principles, to provide for climate change planning
and reporting, to provide for forestry rights and carbon sequestration
rights and to make consequential amendments to the Environment
Protection Act 1970 and for other purposes."
By Authority. Government Printer for the State of Victoria.
72
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