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Qld proposes volumetric sub-division, underground management of CO2 and profit a prendre

Posted by gmarkets on 4 October, 2007

Final approval for commencement of CCS activities will not be given if the relevant environmental authority has not been issued from the Environmental Protection Agency (EPA), according to a Queensland Department of Mines and Energy report on carbon dumps. The usual native title provisions will apply.

Qld land tenure relevance to CCS: There are two forms of land tenure in Queensland, freehold and non-freehold. Freehold land is regulated under the Land Title Act 1994 (LTA) and non-freehold land is regulated under the Land Act 1994 (LA). Freehold land tenure gives individuals and companies a right of exclusive ownership, that is, the right to control, the right to transfer and the right to use the land. For CCS activities the associated rights, obligations and liabilities attach to the freehold title. The life of freehold tenure is perpetual unless resumed by the State. Non-freehold land tenure is where an estate in fee simple has not been granted. This includes unallocated State land, a road or road reserve, national park, conservation park, State forest or timber reserve; and land subject to a lease, licence or permit issued by the State.

Leasehold land 65pc of Qld land area: In Queensland, State leasehold land currently makes up about 65 per cent of the land area. Leasehold means a holding of land for a term of years or for a periodic term, including under grants from the Crown. Possible registrable land interests that could be used to support CCS tenure administration, carbon trading, liability, monitoring and access and how they could be used. Mining and petroleum tenures are statutorily prohibited from being interests in land. This does not mean however that established land transactions and interests cannot be used to support and enhance CCS tenure administration, liability management, monitoring, access and carbon trading.

Eligible land transactions, interests: The following recognised land transactions and interests could be effectively used in that supporting role; volumetric sub-division CO2 underground management statement, profit a prendre. All options can be applied to freehold and non-freehold land and therefore would be available for any CCS tenure.

Reference: This publication may be printed from or downloaded form the DME website at ww.dme.qld.gov.au For copyright enquries telephone (07) 3237 1644 or send facsimile to (07) 3238 3188. The closing date for submission sis two months from the date of announcement by the Minister. Submissions can be sent by post, facsimile or email. Postal address: Mining Legislation Review, Mining and Petroleum, Department of Mines and Energy, PO Box 15216, CITY EAST Qld 4002 Facsimile: (07) 3238 3188 Email: ccsleg@dme.qld.gov.au Please note: This discussion paper is for public discussion and comment and does not commit the government or a Minister either to the views expressed in it or to a particular direction for future action. All submissions will be treated as public documents subject to the Freedom of Information Act 1992. Submissions may take the form of letters or emails addressing the questions asked in the paper, issues of concern, or a list of matters identified by page or section numbers, stating the issues arising and suggested solutions.

Erisk Net, 1/8/2007

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