Climate Change Regulations 2011

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 002 Climate Change Regulations 2011 S.R. No. 128/2011 Authorised Version incorporating amendments as at 13 February 2013 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 1 3 Definition 1 PART 3—REGISTER OF CARBON SEQUESTRATION AGREEMENTS 2 6 Register of Carbon Sequestration Agreements to be maintained by the Secretary 2 7 Corrections and amendment of the Register of Carbon Sequestration Agreements 3 8 Removal from the Register of Carbon Sequestration Agreements 4 ═══════════════ ENDNOTES 5 1. General Information 5 2. Table of Amendments 6 3. Explanatory Details 7 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 002 Climate Change Regulations 2011 S.R. No. 128/2011 Authorised Version incorporating amendments as at 13 February 2013 PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to prescribe the information to be recorded in the Register of Carbon Sequestration Agreements. * * * * * 2 Authorising provision These Regulations are made under section 64 of the Climate Change Act 2010. 3 Definition In these Regulations— the Act means the Climate Change Act 2010. * * * * * Reg. 1 (Heading) substituted by S.R. No. 20/2013 reg. 5(1). Reg. 1 amended by S.R. No. 20/2013 reg. 5(2)(3). Reg. 1(a)–(c) revoked by S.R. No. 20/2013 reg. 5(4). Pt 2 (Heading and regs 4, 5) revoked by S.R. No. 20/2013 reg. 6. Authorised by the Chief Parliamentary Counsel Part 3—Register of Carbon Sequestration Agreements Climate Change Regulations 2011 S.R. No. 128/2011 2 PART 3—REGISTER OF CARBON SEQUESTRATION AGREEMENTS 6 Register of Carbon Sequestration Agreements to be maintained by the Secretary (1) The Register of Carbon Sequestration Agreements maintained by the Secretary must include, in relation to each Carbon Sequestration Agreement— (a) the names of the parties to the agreement; and (ab) whether the right granted under the agreement is a carbon sequestration right or soil carbon right; and (b) the description of the land to which the agreement applies; and (c) the date on which agreement was made; and (d) the effective date of the agreement; and (e) the term of the agreement; and (f) if the agreement is varied, the date on which it was varied; and (fa) if the agreement is transferred, the name of the person to whom the agreement is transferred and the effective date of the transfer; and (fb) if the right granted under the agreement is assigned, the name of the person to whom the right is assigned and the effective date of the assignment; and (g) the effective date of the ending of the agreement. r. 6 Reg. 6(1)(ab) inserted by S.R. No. 20/2013 reg. 7(1). Reg. 6(1)(fa) inserted by S.R. No. 20/2013 reg. 7(2). Reg. 6(1)(fb) inserted by S.R. No. 20/2013 reg. 7(2). Authorised by the Chief Parliamentary Counsel Part 3—Register of Carbon Sequestration Agreements Climate Change Regulations 2011 S.R. No. 128/2011 3 (2) The Secretary— (a) must ensure that the Register of Carbon Sequestration Agreements is available for inspection at the principal office of the Department; and (b) must cause a copy of the Register of Carbon Sequestration Agreements to be available on the Department's website; and (c) must cause a copy of each Carbon Sequestration Agreement made and varied to be available for inspection at the principal office of the Department; and (d) must cause a copy of each Carbon Sequestration Agreement made and varied to be available on the Department's website. 7 Corrections and amendment of the Register of Carbon Sequestration Agreements (1) The Secretary, if satisfied that it is necessary to do so to reflect the current status of a record or information, may— (a) correct any error in a recording; or (b) amend any recording; or (c) delete or cancel any recording. (2) The Secretary may correct or amend the Register of Carbon Sequestration Agreements by— (a) adding, cancelling or deleting a recording; or (b) adding, altering or deleting particulars or details contained in a recording. r. 7 Authorised by the Chief Parliamentary Counsel Part 3—Register of Carbon Sequestration Agreements Climate Change Regulations 2011 S.R. No. 128/2011 4 8 Removal from the Register of Carbon Sequestration Agreements The Secretary may remove from the Department's website a Carbon Sequestration Agreement after that agreement has ended. ═══════════════ r. 8 Authorised by the Chief Parliamentary Counsel Climate Change Regulations 2011 S.R. No. 128/2011 5 ENDNOTES 1. General Information The Climate Change Regulations 2011, S.R. No. 128/2011 were made on 15 November 2011 by the Governor in Council under section 64 of the Climate Change Act 2010, No. 54/2010 and came into operation on 15 November 2011. The Climate Change Regulations 2011 will sunset 10 years after the day of making on 15 November 2021 (see section 5 of the Subordinate Legislation Act 1994). Endnotes Authorised by the Chief Parliamentary Counsel Climate Change Regulations 2011 S.R. No. 128/2011 6 2. Table of Amendments This Version incorporates amendments made to the Climate Change Regulations 2011 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Climate Change Amendment Regulations 2013, S.R. No. 20/2013 Date of Making: 12.2.13 Date of Commencement: 13.2.13: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Authorised by the Chief Parliamentary Counsel Climate Change Regulations 2011 S.R. No. 128/2011 7 3. Explanatory Details Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulations 4 and 5 Australia's National Greenhouse Gas Accounts: State and Territory Greenhouse Gas Inventories 2009, published by the Commonwealth Department of Climate Change and Energy Efficiency, April 2011. Appendix 3— State and Territory Emissions Trends. Endnotes