Real Estate Issues Associated with the Implementation of a Carbon Trading Framework: A Rural Landholders Perspective
The issue of carbon sequestration rights has become topical following the United Nations Convention on Climate Change and the subsequent Kyoto Protocol which identified emissions trading as one of the mechanisms to reduce greenhouse gas emissions. The Australian Government has responded by initiating the Garnaut Climate Change Review which in its final report, proposed that an emissions trading scheme be introduced and set out some of the desirable features of such a trading scheme. This proposal has been the subject of much debate and at this stage there still seems to be little clarity surrounding the topic of emissions trading in Australia. The treatment of rights to carbon sequestered in vegetation is also an issue when reconciled with the system of land tenure and ownership in many jurisdictions. These carbon property rights are treated differently in different Australian and international jurisdictions ranging from recognition of their new and unique nature to fitting them within a more established common law framework, e.g.a profit a prendre. This paper identifies the treatment of these sequestered carbon rights within the wider property rights framework in Australia and considers issues that this treatment may inflict on land holders when there is a fracturing of ownership between the rights of the carbon in vegetation and the ownership of the land.
rural land tenure carbon sequestration.
Andrea BLAKE Chris EVES
Faculty of Built Environment and Engineering, School ofUrban Development, QUT,Queensland, Australia Faculty of Built Environment and Engineering, School of Urban Development, QUT,Queensland, Australia
国际会议
2011 International Conference on Construction & Real Estate Management(2011建设与房地产管理国际会议)
广州
英文
664-667
2011-11-19（万方平台首次上网日期，不代表论文的发表时间）