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CLIMATE CHANGE ACT 2010 (NO. 54 OF 2010)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Application to Crown  

   PART 2--EMISSIONS TARGET, POLICY OBJECTIVES AND GUIDING PRINCIPLES

           Division 1--Greenhouse gas emissions target

   5.      Greenhouse gas emissions target  

           Division 2--Policy objectives

   6.      Policy objectives  

           Division 3--Guiding Principles

   7.      Guiding principles  
   8.      Principle of informed decision making  
   9.      Principle of integrated decision making  
   10.     Principle of risk management  
   11.     Principle of complementarity  
   12.     Principle of equity  
   13.     Principle of community engagement  

   PART 3--PLANNING FOR CLIMATE CHANGE

           Division 1--Decision making

   14.     Decision makers to have regard to climate change  
   15.     Ministerial guidelines  

           Division 2--Climate Change Adaptation Plan

   16.     Climate Change Adaptation Plan  
   17.     Report on climate change and emissions data  
   18.     Review of this Act  
   19.     Review of this Act by Minister  

   PART 4--FORESTRY RIGHTS, CARBON SEQUESTRATION RIGHTS AND SOIL CARBON RIGHTS ON PRIVATE LAND

           Division 1--Introductory

   20.     Application of Part  
   21.     What is a forest carbon right?  
   22.     What is a carbon sequestration right?  
   23.     What is a forestry right?  
   24.     What is a soil carbon right?  

           Division 2--Forest carbon rights

   25.     Forest carbon right is an interest in land  
   26.     Creation and transfer of forest carbon rights  

           Division 3--Forestry and Carbon Management Agreements

   27.     Forestry and Carbon Management Agreements  
   28.     Purpose of Forestry and Carbon Management Agreement  
   29.     Management obligations  
   30.     Security  
   31.     Commencement of Forestry and Carbon Management Agreement  
   32.     Recording of Forestry and Carbon Management Agreements  
   33.     Effect of recording of agreement  
   34.     Variation of Forestry and Carbon Management Agreement  
   35.     Ending of Forestry and Carbon Management Agreement  
   36.     Application to Registrar when agreement ends  
   37.     Enforcement of Forestry and Carbon Management Agreement  
   38.     Disputes in relation to ending Forestry and Carbon Management Agreements  
   39.     Registrar to give effect to VCAT orders  

   PART 5--CARBON SEQUESTRATION ON CROWN LAND

           Division 1--Application

   40.     Application  
   41.     Native title rights not affected  

           Division 2--Use of Crown land for carbon sequestration

   42.     Declaration of land available for use for carbon sequestration  
   43.     Role of Secretary in relation to carbon sequestration on Crown land  
   44.     Carbon sequestration on encumbered Crown land  

           Division 3--Carbon Sequestration Agreements

   45.     Carbon Sequestration Agreements  
   46.     Requirements for Carbon Sequestration Agreement  
   47.     What may a Carbon Sequestration Agreement provide for?  
   48.     Carbon Sequestration Agreement may also provide for security to be provided  
   49.     Carbon Sequestration Agreement may also include provisions relevant to orderly planning of land  
   50.     Notice of proposed Carbon Sequestration Agreement  
   51.     Consent of lessee or licensee required for Carbon Sequestration Agreement  
   52.     Matters to be considered by Secretary  
   53.     Notice of making of Carbon Sequestration Agreement  
   54.     Consent of Secretary required to assign rights under Carbon Sequestration Agreement  
   55.     Ending of Carbon Sequestration Agreement  
   56.     Register of Carbon Sequestration Agreements  

           Division 4--Fire suppression and prevention

   57.     Application  
   58.     Directions by Secretary or authorised officer  
   59.     Person must comply with direction  
   60.     Secretary to reimburse for assistance  
   61.     Division does not derogate from certain Acts  
   62.     Enforcement  

   PART 6--GENERAL

   63.     Application of planning laws  
   64.     Regulations  
   65.      Transitional provisions  

   PART 7--AMENDMENTS TO ENVIRONMENT PROTECTION ACT 1970 AND OTHER ACTS

           Division 1--Environment Protection Act 1970

   66.     Definitions  
   67.     Powers, duties and functions of Authority  
   68.     New Division 1 substituted in Part IX  
   69.     New Division 2 inserted in Part IX  
   70.     Climate communities funding  
   71.     Sections 70D and 70E substituted and 70F inserted  
   72.     Regulations  

           Division 2--Amendment to other Acts

   73.     Transport Integration Act 2010  

           Division 3--Repeal of this Part

   74.     Repeal of this Part  

   PART 8--REPEAL OF FORESTRY RIGHTS ACT 1996 AND CONSEQUENTIAL AMENDMENT OF OTHER ACTS

   75.     Repeal of Forestry Rights Act 1996  
   76.     Amendment of Conservation, Forests and Lands Act 1987  
   77.     Amendment of Country Fire Authority Act 1958  
   78.     Amendment of Crown Land (Reserves) Act 1978  
   79.     Amendment of Forests Act 1958  
   80.     Amendment of Sale of Land Act 1962  
   81.     Repeal of this Part  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES


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