Western Australian Current Acts

CARBON RIGHTS ACT 2003 - SECT 12

12 .         Interest in land (carbon covenant) created on registration of carbon covenant form

        (1)         When a carbon covenant form is registered —

            (a)         the carbon covenant that is the subject of the form is created and becomes a separate interest in the relevant carbon right; and

            (b)         the proprietor of the carbon covenant is each person who is registered as the proprietor of the relevant carbon right.

        (2)         A carbon covenant has effect even if it has the same proprietor as the burdened land.

        (3)         Except to the extent that it otherwise provides, a carbon covenant —

            (a)         benefits, attaches to, and runs with, the relevant carbon right; and

            (b)         burdens, attaches to, and runs with, the burdened land.

        (4)         A carbon covenant —

            (a)         in relation to the relevant carbon right, is a hereditament; and

            (b)         in relation to the burdened land, is an encumbrance.

        Note:

                The definition of “land” in the TLA includes hereditaments in freehold and Crown land.