❓ A WA parliamentary question seeks data on carbon right interests registered since the Carbon Rights Act 2003, focusing on Crown land, pastoral leases, and native title. The response provides registration numbers, clarifies Crown registration requirements, confirms no transfers, and addresses lessee/native title interests.
AnsweredQoN 70Legislative Council
QuestionView source ↗
CARBON RIGHTS ACT 2003 — CARBON RIGHT INTEREST REGISTRATION 70. Hon GEORGE CASH to the parliamentary secretary representing the Minister for Lands: (1) How many carbon right interests have been registered under the Transfer of Land Act 1893 for each of the individual years 2003 to 2008 since assent to the Carbon Rights Act 2003? (2) Is there a requirement for the Crown to register its carbon right interests in crown land in Western Australia; and, if not, which is the relevant legislation that vests or declares the carbon rights on crown land to be the property of the Crown? (3) Has the Crown transferred the carbon rights on crown land to another party since assent to the Carbon Rights Act 2003; and, if so, to whom and for which property? (4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN
AnswerView source ↗
I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
CARBON RIGHTS ACT 2003 — CARBON RIGHT INTEREST REGISTRATION
(1) How many carbon right interests have been registered under the Transfer of Land Act 1893 for each of the individual years 2003 to 2008 since assent to the Carbon Rights Act 2003? (2) Is there a requirement for the Crown to register its carbon right interests in crown land in Western Australia; and, if not, which is the relevant legislation that vests or declares the carbon rights on crown land to be the property of the Crown? (3) Has the Crown transferred the carbon rights on crown land to another party since assent to the Carbon Rights Act 2003; and, if so, to whom and for which property? (4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(2) Is there a requirement for the Crown to register its carbon right interests in crown land in Western Australia; and, if not, which is the relevant legislation that vests or declares the carbon rights on crown land to be the property of the Crown? (3) Has the Crown transferred the carbon rights on crown land to another party since assent to the Carbon Rights Act 2003; and, if so, to whom and for which property? (4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(3) Has the Crown transferred the carbon rights on crown land to another party since assent to the Carbon Rights Act 2003; and, if so, to whom and for which property? (4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
CARBON RIGHTS ACT 2003 — CARBON RIGHT INTEREST REGISTRATION
(1) How many carbon right interests have been registered under the Transfer of Land Act 1893 for each of the individual years 2003 to 2008 since assent to the Carbon Rights Act 2003? (2) Is there a requirement for the Crown to register its carbon right interests in crown land in Western Australia; and, if not, which is the relevant legislation that vests or declares the carbon rights on crown land to be the property of the Crown? (3) Has the Crown transferred the carbon rights on crown land to another party since assent to the Carbon Rights Act 2003; and, if so, to whom and for which property? (4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(2) Is there a requirement for the Crown to register its carbon right interests in crown land in Western Australia; and, if not, which is the relevant legislation that vests or declares the carbon rights on crown land to be the property of the Crown? (3) Has the Crown transferred the carbon rights on crown land to another party since assent to the Carbon Rights Act 2003; and, if so, to whom and for which property? (4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(3) Has the Crown transferred the carbon rights on crown land to another party since assent to the Carbon Rights Act 2003; and, if so, to whom and for which property? (4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(4) What interest in the carbon rights on crown land, if any, vests in any of the lessees of current pastoral leases on crown land? (5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(5) Do native title interests relating to crown land include the carbon rights? Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
Hon WENDY DUNCAN replied: I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
I thank the honourable member for some notice of this question. (1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(1) Since assent to the Carbon Rights Act 2003, a total of 45 carbon rights documents have been registered under the Transfer of Land Act 1893. The numbers registered in each individual calendar year are: in 2003, zero; 2004, zero; 2005, three; 2006, 15; 2007, eight; and 2008, 19. There are currently 44 registered carbon rights documents, as one has since been removed. (2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(2) Yes. A carbon right over any land, including crown land, in Western Australia must be registered for it to come into existence. In this regard, the relevant legislation is section 6(1) of the Carbon Rights Act 2003. (3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(3) No. (4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(4) The lessees of current pastoral leases on crown land do not have any automatic entitlement to carbon rights on the land under their lease. Carbon rights can be created over crown land, including pastoral leases, only with the consent of the Minister for Lands. (5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
(5) The creation of a carbon right over crown land is a future act under the commonwealth’s Native Title Act 1993 and therefore can only be validly created in accordance with that act.
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