Victorian Current Acts

CLIMATE CHANGE ACT 2017

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Definition of forest carbon right  
   5.      Application to Crown  

   PART 2--GREENHOUSE GAS EMISSIONS REDUCTION TARGETS

           Division 1--Long-term emissions reduction target and eligible offsets

   6.      Long-term emissions reduction target  
   7.      Determination for net zero greenhouse gas emissions  
   8.      Achieving the long-term emissions reduction target  
   9.      Eligible offsets  

           Division 2--Interim emissions reduction targets

   10.     Interim emissions reduction targets  
   11.     Form of interim emissions reduction targets  
   12.     Independent expert advice in relation to interim emissions reduction targets  
   13.     Publication of independent expert advice  
   14.     Matters for consideration in determining interim emissions reduction targets  
   15.     Publication of interim emissions reduction targets  
   16.     Amending interim emissions reduction targets  

   PART 3--CLIMATE CHANGE CONSIDERATIONS

   17.     Decision makers must have regard to climate change  
   18.     Ministerial guidelines for actions and decisions  
   19.     Minister may have regard to guiding principles  

   PART 4--POLICY OBJECTIVES AND GUIDING PRINCIPLES

           Division 1--Governmental regard to policy objectives and guiding principles

   20.     Decision and policy making  
   21.     Ministerial guidelines for the general application of objectives and principles  

           Division 2--Policy objectives

   22.     Policy objectives  

           Division 3--Guiding principles

   23.     Principle of informed decision making  
   24.     Principle of integrated decision making  
   25.     Principle of risk management  
   26.     Principle of equity  
   27.     Principle of community engagement  
   28.     Principle of compatibility  

   PART 5--PLANNING FOR CLIMATE CHANGE

           Division 1--Climate change strategy

   29.     Preparation of climate change strategy  
   30.     Content of climate change strategy  
   31.     Matters for consideration when preparing climate change strategy  
   32.     Consultation requirements for climate change strategy  
   33.     Publication of climate change strategy  

           Division 2--Adaptation action plans

   34.     Preparation of adaptation action plans  
   35.     Content of adaptation action plan  
   36.     Matters for consideration when preparing adaptation action plan  
   37.     Consultation requirements for adaptation action plan  
   38.     Responsibility for adaptation action plans  
   39.     Ministerial directions in relation to adaptation action plans  
   40.     Publication of adaptation action plan  

           Division 3--Emissions reduction pledges

   41.     Preparation of whole-of-government pledge  
   42.     Content of whole-of-government pledge  
   43.     Preparation of sector pledges  
   44.     Content of sector pledges  
   45.     Responsibility for sector pledges  
   46.     Preparation of Council pledges  
   47.     Content of Council pledges  
   48.     Notification of Council pledge  
   49.     Ministerial directions in relation to emissions reduction pledges  
   50.     Variation of emissions reduction pledges  

   PART 6--FURTHER INFORMATION AND REPORTS

   51.     Climate science report  
   52.     Annual greenhouse gas emissions report  
   53.     Calculation of reduction of greenhouse gas emissions  
   54.     End of interim target period report  
   55.     Information to be included in end of interim target period report  

   PART 7--FORESTRY RIGHTS, CARBON SEQUESTRATION RIGHTS ANDSOIL CARBON RIGHTS ON PRIVATE LAND

           Division 1--Introductory

   56.     Application of Part  

           Division 2--Forest carbon rights

   57.     Creation and transfer of forest carbon rights  

           Division 3--Forestry and Carbon Management Agreements

   58.     Forestry and Carbon Management Agreements  
   59.     Purpose of Forestry and Carbon Management Agreement  
   60.     Management obligations  
   61.     Security  
   62.     Commencement of Forestry and Carbon Management Agreement  
   63.     Recording of Forestry and Carbon Management Agreement  
   64.     Effect of recording of agreement  
   65.     Variation of Forestry and Carbon Management Agreement  
   66.     Ending of Forestry and Carbon Management Agreement  
   67.     Application to Registrar when agreement ends  
   68.     Enforcement of Forestry and Carbon Management Agreement  
   69.     Disputes in relation to ending Forestry and Carbon Management Agreements  
   70.     Registrar to give effect to VCAT orders  

   PART 8--CARBON SEQUESTRATION ON CROWN LAND

           Division 1--Application

   71.     Application  
   72.     Native title rights not affected  

           Division 2--Use of Crown land for carbon sequestration

   73.     Declaration of land available for use for carbon sequestration  
   74.     Role of Secretary in relation to carbon sequestration on Crown land  
   75.     Carbon sequestration on encumbered Crown land  

           Division 3--Carbon Sequestration Agreements

   76.     Carbon Sequestration Agreements  
   77.     Requirements for Carbon Sequestration Agreements  
   78.     What may a Carbon Sequestration Agreement provide for?  
   79.     Grant of carbon sequestration right or soil carbon right  
   80.     Carbon Sequestration Agreement may also provide for security to be provided  
   81.     Carbon Sequestration Agreement may also include provisions relevant to orderly planning of land  
   82.     Notice of proposed Carbon Sequestration Agreement  
   83.     Consent of lessee or licensee required for Carbon Sequestration Agreement  
   84.     Matters to be considered by Secretary  
   85.     Notice of making of Carbon Sequestration Agreement  
   86.     Consent of Secretary required to transfer a Carbon Sequestration Agreement or assign rights under an agreement  
   87.     Ending of Carbon Sequestration Agreement  
   88.     Register of Carbon Sequestration Agreements  
   89.     Certificate of Secretary  

           Division 4--Fire suppression and prevention

   90.     Application  
   91.     Directions by Secretary or authorised officer  
   92.     Person must comply with direction  
   93.     Secretary to reimburse for assistance  
   94.     Division does not derogate from certain Acts  

           Division 5--Enforcement

   95.     Enforcement  

   PART 9--GENERAL

   96.     Application of planning laws  
   97.     Regulations  

   PART 10--REPEAL AND TRANSITIONAL PROVISIONS

           Division 1--Repeal of Climate Change Act 2010

   98.     Repeal of Climate Change Act 2010  

           Division 2--Transitional provisions

   99.     Carbon Sequestration Agreement  
   100.    Forestry and Carbon Management Agreement  
           SCHEDULE 1
           ENDNOTES