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AN ACT TO ESTABLISH A COMPREHENSIVE RESPONSE TO CLIMATE CHANGE, TO PROVIDE FOR THE REGULATION AND GOVERNANCE OF THE NATIONAL RESPONSE TO CLIMATE CHANGE, TO INTRODUCE A SYSTEM FOR THE MEASUREMENT, REPORTING AND VERIFICATION OF GREENHOUSE GAS EMISSIONS AND FOR RELATED MATTERS
[CLI 46] Registration of carbon sequestration property rights46
46
- (a)a person who holds a licence or lease over the land to which the right applies which has been granted by the landowner and has the consent of the landowner of the land, if applicable;
- (b)a third party, if the landowner of the land to which the right applies has consented to be issued the carbon sequestration property right; or
- (c)in relation to freehold land, the landowner of the land to which the right applies, if there is no conflicting licence or lease over the land.
(2) For the purposes of subsection (1) and in relation to iTaukei land, a landowner is deemed to consent to the registration of a carbon sequestration property right if a consent notice as prescribed by regulations made under this Act is delivered to the Registrar signed by a minimum of 60% of the qualifying members.
(3) If the application is for land for which a lease has been issued or granted by the iTaukei Land Trust Board or the Director of Lands, the carbon sequestration property right may only be registered or dealt with under section 45(2)(f) with the consent of the iTaukei Land Trust Board or the Director of Lands, as applicable.
(4) The Registrar may only register a carbon sequestration property right for proposed emissions reduction projects, programmes and activities involving forests with the consent of the Conservator of Forests.
(5) For the purposes of subsection (3), consent may only be refused where there is a breach of any lease condition or where the application is not in accordance with any law.
(6) A carbon sequestration property right may only be registered for a term—
- (a)that is equal to or greater than the permanence period of an emissions reduction project, programme or activity (as set out in the applicable emissions reduction methodology) proposed to be carried out on the land, or as otherwise determined by the Conservator of Forests;
- (b)for land that is subject to a lease, approval notice for lease or agreement for lease, that is equal to or less than the term of the lease, approval notice for lease or agreement for lease.
(7) A carbon sequestration property right may only be registered if the application—
- (a)is in a form approved by the Registrar;
- (b)contains a statement that it is for the creation of a carbon sequestration property right under this Act;
- (c)contains the land description for the land over which it applies;
- (d)identifies, if the carbon sequestration property right is to be in respect of only part of the land referred to in paragraph (c), by way of a scheme plan, the part of the land that is the subject of the carbon sequestration property right; and
- (e)specifies the term of the carbon sequestration property right.
(8) A certificate issued for a registered carbon sequestration property right is to be in the prescribed form.
(9) The Registrar may only register one carbon sequestration property right in respect of a particular area of land.
(10) The Registrar must record a registered carbon sequestration property right in a register entitled the “Register of Carbon Rights” (the Register), including details of the land and any licence or lease to which the right applies.
(11) Searches may be made in the Register and copies of certificates granted to the right holder upon payment of the prescribed fee.
(12) The Registrar of Titles must list a registered carbon sequestration property right as an encumbrance on a lease or title over land to which the registered carbon sequestration property right applies.
(13) The Registrar of Deeds must register as a deed a registered carbon sequestration property right in respect of an approval notice of lease or agreement for lease over land to which the registered carbon sequestration property right applies.
(14) A right holder may apply to the Registrar for the cancellation of the certificate if the emissions reduction project, programme or activity is not approved by the Director or an approval or declaration is revoked by the Director.