Carbon Capture and Storage
Report to the Australian Greenhouse Office on Property Rights and Associated Liability Issues
Australian Greenhouse Office, Department of the Environment and Heritge, 2005
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Scope of this Report
This Report has been commissioned by the AGO to provide advice on property rights and liability issues associated with CCS (through geosequestration) in accordance with the Terms of Reference, a copy of which is contained in Schedule 3 of this Report. In summary, this Report:
(a) provides a background on real property ownership and tenure arrangements in Australia, both onshore and offshore;
(b) describes the property rights arrangements currently applicable to four specific CCS scenarios identified by the AGO in various Australian States;
(c) discusses other forms of property rights arrangements that could be applied to CCS by Australian law makers;
(d) discusses the potential application of third party access regimes to CCS;
(e) discusses briefly whether the possible property rights arrangements are likely to be consistent with international law;
(f) describes the potential liability of governments and private entities in relation to CCS activities, with a focus on storage sites;
(g) describes legal options for minimising the liability of governments and private entities in relation to CCS activities, with a focus on storage sites; and
(h) comments briefly on several other matters identified in the course of preparation of this Report that may be relevant to law makers in relation to the development of a CCS scheme.
This Report does not advise on possible ways to structure a CCS scheme, other than to advise on possible property rights which may exist in a CCS scheme.
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