Western Australian Current Acts

CARBON RIGHTS ACT 2003 - SECT 6

6 .         Interest in land (carbon right) created on registration of carbon right form

        (1)         When a carbon right form is registered —

            (a)         the carbon right that is the subject of the form is created and becomes a separate interest in the land in respect of which the form is registered; and

            (b)         the proprietor of the carbon right is each person who is registered as a proprietor of that interest.

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

        (3)         A carbon right is, in relation to the affected land —

            (a)         a hereditament; and

            (b)         an encumbrance.

        Note:

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