{"id":"carbon-rights-act-2003","name":"Carbon Rights Act 2003","slug":"carbon-rights-act-2003","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30149,"registerId":"wa-carbon-rights-act-2003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Carbon Rights Act 2003","content":"![Crest]()Western Australia\n\nCarbon Rights Act 2003\n\nWestern Australia\n\nCarbon Rights Act 2003\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Definitions 2\n\n4. Crown bound 3\n\nPart 2 — Carbon rights\n\n5. Registration of carbon right form to create carbon right 4\n\n6. Interest in land (carbon right) created on registration of carbon right form 4\n\n7. Limits on creation of carbon rights 5\n\n8. Carbon rights: consequences of ownership and other legal effects 5\n\n9. Dealings in carbon rights 5\n\nPart 3 — Carbon covenants\n\n10. Entering into carbon covenants 7\n\n11. Registration of carbon covenant form to create carbon covenant 7\n\n12. Interest in land (carbon covenant) created on registration of carbon covenant form 8\n\n13. Limits on creation of carbon covenants 9\n\n14. Dealings in carbon covenants 9\n\n15. Carbon covenants: other legal effects 9\n\n16. Registration of surrender of carbon covenants: effect 10\n\nPart 4 — Miscellaneous\n\n17. Regulations 11\n\nNotes\n\nCompilation table 12\n\nDefined terms\n\n  \n\nWestern Australia\n\nCarbon Rights Act 2003\n\nAn Act to provide for the creation and effect of certain interests in land in relation to the effects of carbon sequestration from, and carbon release to, the atmosphere, and for related matters.\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Carbon Rights Act 2003*.\n\n##### 2. Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day fixed by proclamation.\n\n(2) This Act is not to come into operation before section 64 of the *Transfer of Land Amendment Act 2003* has come into operation.\n\n##### 3. Definitions\n\nIn this Act —\n\naffected land,  in relation to a carbon right, means the land in respect of which the carbon right is registered;\n\nburdened land, in relation to a carbon covenant, means the land in respect of which the covenant is registered as a burden;\n\ncarbon covenant means an interest in land referred to in section 12(1)(a);\n\ncarbon covenant form means a form that is lodged under section 11(1);\n\ncarbon release means the release into the atmosphere of carbon that has been stored in land or in anything on land;\n\ncarbon right means an interest in land referred to in section 6(1)(a);\n\ncarbon right form means a form that is lodged under section 5(1);\n\ncarbon sequestration means —\n\n(a) the absorption from the atmosphere of carbon dioxide by land or anything on land; and\n\n(b) the storage of carbon in land or in anything on land;\n\nCrown land has the same meaning as it has in the *Land Administration Act 1997*;\n\nland has the same meaning as it has in the *Land Administration Act 1997*;\n\nowner, in relation to freehold land, means a person whose name is registered as a proprietor of the freehold land;\n\nregistered means registered under the TLA;\n\nRegistrar  means the Registrar of Titles;\n\nrelevant carbon right,  in relation to a carbon covenant or a proposed carbon covenant, means the carbon right in relation to which the covenant is, or is to be, entered into;\n\nTLA means the *Transfer of Land Act 1893*.\n\n##### 4. Crown bound\n\nThis Act binds the Crown in right of the State and, subject to the limits of the legislative power of the State, the Crown in all its other capacities.\n\n## Part 2 — Carbon rights\n\n##### 5. Registration of carbon right form to create carbon right\n\n(1) A person may lodge with the Registrar, for registration, a form for the creation of a carbon right in respect of freehold land or Crown land.\n\n(2) A carbon right form cannot be registered unless —\n\n(a) it is in a form approved by the Registrar;\n\n(b) it contains a statement that it is for the creation of a carbon right under this Act;\n\n(c) it contains the land description for the freehold or Crown land in respect of which the proposed carbon right is to be created;\n\n(d) it identifies, if the proposed carbon right is to be in respect of part only of the land referred to in paragraph (c), by way of words or a sketch, the part of the land that is the subject of the proposed carbon right;\n\n(e) it specifies the term of the proposed carbon right, which can be in perpetuity; and\n\n(f) there is compliance with section 104B of the TLA.\n\n##### 6. Interest in land (carbon right) created on registration of carbon right form\n\n(1) When a carbon right form is registered —\n\n(a) the carbon right that is the subject of the form is created and becomes a separate interest in the land in respect of which the form is registered; and\n\n(b) the proprietor of the carbon right is each person who is registered as a proprietor of that interest.\n\n(2) A carbon right has effect even if it has the same proprietor as the affected land.\n\n(3) A carbon right is, in relation to the affected land —\n\n(a) a hereditament; and\n\n(b) an encumbrance.\n\nNote:\n\nThe definition of “land” in the TLA includes hereditaments in freehold and Crown land.\n\n##### 7. Limits on creation of carbon rights\n\n(1) A carbon right cannot be created in any way other than under this Part.\n\n(2) No more than one carbon right form can be registered at any particular time in respect of the same area of land.\n\n##### 8. Carbon rights: consequences of ownership and other legal effects\n\n(1) A proprietor of a carbon right has the legal and commercial benefits and risks arising from changes to the atmosphere that are caused by carbon sequestration and carbon release occurring in or on land in respect of which the carbon right is registered.\n\n(2) A carbon right —\n\n(a) does not confer any right of possession; and\n\n(b) is not a subdivision of land to which section 135 of the *Planning and Development Act 2005* applies.\n\n[Section 8 amended: No. 38 of 2005 s. 15.]\n\n##### 9. Dealings in carbon rights\n\n(1) A carbon right can be —\n\n(a) dealt with as a separate interest in land, except that it cannot be varied;\n\n(b) the subject of a caveat or process of execution.\n\n(2) The operation of subsection (1) is subject to —\n\n(a) Part IV Division 2A of the TLA; and\n\n(b) any provision of the TLA that applies by virtue of a carbon right being —\n\n(i) a separate interest in land;\n\n(ii) land within the meaning of the TLA;\n\n(iii) an encumbrance; or\n\n(iv) otherwise referred to in that provision.\n\n## Part 3 — Carbon covenants\n\n##### 10. Entering into carbon covenants\n\n(1) The proprietor of a carbon right may, in relation to any matter that affects or might affect carbon sequestration or carbon release occurring in relation to the affected land, enter into a covenant with one or more persons who have an interest in land.\n\n(2) The covenant can be for a right, obligation (which can include a positive covenant) or restriction in relation to land.\n\n(3) The persons’ interests in land referred to in subsection (1) need not be in respect of the same land.\n\n##### 11. Registration of carbon covenant form to create carbon covenant\n\n(1) A person may lodge with the Registrar, for registration, a form for the creation of a carbon covenant.\n\n(2) A carbon covenant form cannot be registered unless —\n\n(a) it is in a form approved by the Registrar;\n\n(b) it contains a statement that it is for the creation of a carbon covenant under this Act;\n\n(c) it contains a description of the carbon right in relation to which the proposed carbon covenant is to be created;\n\n(d) it contains the land description for the land to be burdened by the proposed carbon covenant;\n\n(e) it identifies, if the proposed carbon covenant is to be in respect of part only of the land referred to in paragraph (d), by way of words or a sketch, the part of the land that is the subject of the proposed carbon covenant;\n\n(f) it contains the terms of the right, obligation or restriction that is the subject of the proposed carbon covenant;\n\n(g) the proprietor of the proposed carbon covenant will be the proprietor of the relevant carbon right;\n\n(h) it specifies —\n\n(i) the day on which the proposed carbon covenant is to commence, which cannot be before the day the relevant carbon right is created; and\n\n(ii) the term of the proposed carbon covenant, which cannot be longer than the term of the relevant carbon right;\n\n(i) it contains such other information as is prescribed by the regulations; and\n\n(j) there is compliance with section 104G of the TLA.\n\n##### 12. Interest in land (carbon covenant) created on registration of carbon covenant form\n\n(1) When a carbon covenant form is registered —\n\n(a) the carbon covenant that is the subject of the form is created and becomes a separate interest in the relevant carbon right; and\n\n(b) the proprietor of the carbon covenant is each person who is registered as the proprietor of the relevant carbon right.\n\n(2) A carbon covenant has effect even if it has the same proprietor as the burdened land.\n\n(3) Except to the extent that it otherwise provides, a carbon covenant —\n\n(a) benefits, attaches to, and runs with, the relevant carbon right; and\n\n(b) burdens, attaches to, and runs with, the burdened land.\n\n(4) A carbon covenant —\n\n(a) in relation to the relevant carbon right, is a hereditament; and\n\n(b) in relation to the burdened land, is an encumbrance.\n\nNote:\n\nThe definition of “land” in the TLA includes hereditaments in freehold and Crown land.\n\n##### 13. Limits on creation of carbon covenants\n\nA carbon covenant cannot be created in any way other than under this Part.\n\n##### 14. Dealings in carbon covenants\n\n(1) Subject to subsection (2), a carbon covenant can be —\n\n(a) dealt with as a separate interest in the relevant carbon right;\n\n(b) the subject of a caveat or process of execution.\n\n(2) The proprietor of a carbon covenant must at all times be the proprietor of the relevant carbon right.\n\n(3) The operation of subsection (1) is subject to —\n\n(a) Part IV Division 2A of the TLA; and\n\n(b) any provision of the TLA that applies by virtue of a carbon covenant being —\n\n(i) a separate interest in land;\n\n(ii) land within the meaning of the TLA;\n\n(iii) an encumbrance; or\n\n(iv) otherwise referred to in that provision.\n\n##### 15. Carbon covenants: other legal effects\n\nA carbon covenant —\n\n(a) cannot confer any right of possession;\n\n(b) can grant a licence to enter to inspect or remedy a default;\n\n(c) is not a licence to use or occupy land or a subdivision of land to which section 135 of the *Planning and Development Act 2005* applies.\n\n[Section 15 amended: No. 38 of 2005 s. 15.]\n\n##### 16. Registration of surrender of carbon covenants: effect\n\n(1) When a surrender of the whole of a carbon covenant is registered, all rights, obligations and restrictions under the covenant cease to have effect, except to the extent that the covenant provides otherwise.\n\n(2) When a surrender of part of a carbon covenant is registered, all rights, obligations and restrictions under the covenant cease to have effect in respect of the surrendered part, except to the extent that the covenant provides otherwise.\n\n## Part 4 — Miscellaneous\n\n##### 17. Regulations\n\n(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to this Act.\n\n(2) Without limiting subsection (1) regulations may, for the purposes of State, national or international reporting requirements in relation to carbon sequestration or carbon release, require a proprietor of a carbon right to provide to the Minister or such other person or body specified in the regulations, information about —\n\n(a) the area of the affected land;\n\n(b) the quantity and form of carbon sequestered or released by the affected land or anything on the affected land; and\n\n(c) such other matters as are relevant to carbon sequestration or carbon release occurring in relation to the affected land.\n\n(3) Regulations made under this Act may provide that contravention of a regulation or a provision of a regulation constitutes an offence and provide for penalties not exceeding $5 000.\n\nNotes\n\n1 This is a compilation of the *Carbon Rights Act 2003* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Carbon Rights Act 2003* | 38 of 2003 | 30 Jun 2003 | 24 Mar 2004 (see s. 2 and *Gazette* 23 Mar 2004 p. 975) |\n| *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and *Gazette* 21 Mar 2006 p. 1078) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\naffected land 3\n\nburdened land 3\n\ncarbon covenant 3\n\ncarbon covenant form 3\n\ncarbon release 3\n\ncarbon right 3\n\ncarbon right form 3\n\ncarbon sequestration 3\n\nCrown land 3\n\nland 3\n\nowner 3\n\nregistered 3\n\nRegistrar 3\n\nrelevant carbon right 3\n\nTLA 3\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act itself defines and confines scope to creating registered carbon rights and carbon covenants over freehold and Crown land and prescribes their effects and limits. The text contains no indication the operational scope departs from that defined regime; creation is limited to the procedures in this Act and subject to TLA interaction (ss.5–16, s.17)."},"complexity_factors":["Interface with the Transfer of Land Act: multiple provisions make registration and operation subject to TLA formalities and Parts (ss.5(2)(f), 9(2), 11(2)(j), 14(3)).","Novel non‑possessory property interests: carbon rights and covenants are separate hereditaments/encumbrances distinct from possession (ss.6(3), 12(4), 8(2)(a), 15(a)).","Strict registration/formal requirements and approved forms required to create interests (ss.5(2), 11(2)), raising procedural compliance burdens.","Limits and linking rules: only one carbon right per area, covenants must relate to a relevant carbon right and share its proprietor, and carbon rights cannot be created except under the Act (ss.7(2), 11(2)(g),(h), 13).","Dealings constraints: carbon rights/covenants are transferable and caveatable but cannot be varied in some respects and covenants must have the same proprietor as the relevant carbon right (ss.9(1)(a), 14(1)–(2)).","Regulatory and reporting obligations with penalties: regulators may prescribe reporting of area and carbon quantities and create offences (s.17(2)–(3)), adding monitoring and enforcement complexity."],"plain_english_summary":"This Act creates a statutory system for registering property interests tied to carbon stored in, or released from, freehold and Crown land. It allows creation of registered \"carbon rights\" (which carry the commercial benefits and risks from sequestration/release but not possession) and linked \"carbon covenants\" (obligations or restrictions that run with land). Interests are created by lodging approved forms with the Registrar; regulations may require reporting on area and carbon quantities and can impose penalties (ss.5–16; s.17)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of creating registrable property interests in carbon sequestration. The only amendment noted (Planning and Development (Consequential and Transitional Provisions) Act 2005) merely updated cross-references to planning legislation (section 135 of the Planning and Development Act 2005), maintaining the original scope without expansion into new policy areas."},"complexity_factors":["Relatively short statute (17 sections) with straightforward structure","13 defined terms in section 3, mostly cross-referencing existing legislation (Land Administration Act 1997, Transfer of Land Act 1893)","Heavy reliance on external legislation — the Act operates 'subject to' and 'by virtue of' provisions in the Transfer of Land Act 1893, requiring readers to understand that parallel framework","Nested property law concepts (hereditaments, encumbrances, covenants running with land) that assume familiarity with real property law","Conditional logic in registration requirements (section 5(2) and 11(2) contain multiple cumulative requirements)","Temporal restrictions on carbon covenants (cannot commence before carbon right created, cannot exceed term of carbon right)","Prohibition on variation of carbon rights (section 9(1)(a)) creates rigid property structure"],"plain_english_summary":"This Act creates a property-like legal framework for “carbon rights” — tradeable interests in the carbon stored in land — and lets those rights be registered on land titles. It affects landowners (including farmers), buyers of carbon credits, and the Registrar of Titles by giving clear, registrable ownership of sequestration benefits separate from land possession. By treating carbon rights as real property, the law aims to secure carbon trading and support participation in broader offset markets."}},"importantCases":[],"_links":{"self":"/api/acts/carbon-rights-act-2003","history":"/api/acts/carbon-rights-act-2003/history","analysis":"/api/acts/carbon-rights-act-2003/analysis","conflicts":"/api/acts/carbon-rights-act-2003/conflicts","importantCases":"/api/acts/carbon-rights-act-2003/important-cases","documents":"/api/acts/carbon-rights-act-2003/documents"}}