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Issues in negotiating a carbon sequestration agreement for a biosequestration offsets project
Journal article   Open access   Peer reviewed

Issues in negotiating a carbon sequestration agreement for a biosequestration offsets project

Sharon Christensen, W D Duncan, Angela Phillips and Pamela A O'Connor
Australian Property Law Journal, Vol.31(3), pp.195-226
2013
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Abstract

Law carbon sequestration agreement biosequestration of carbon offset emissions
Biosequestration of carbon in trees, forests and vegetation is a key method for offsetting greenhouse gas emissions. To facilitate it, the Commonwealth has introduced the Carbon Farming Initiative, a scheme whereby carbon credits can be earned for biosequestration offsets projects. The project proponent must acquire under state law a 'carbon sequestration right' which confers the benefit of the sequestered carbon on the land. Each state provides for an agreement associated with the carbon sequestration right between the landowner and the holder of the right (carbon sequestration agreement). This article identifies some key risks and issues that must be considered in the drafting of a carbon sequestration agreement to support the successful operation of a biosequestration offsets project.

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