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3 Climate L. 139 (2012)
Too Little, too Soon: An Assessment of Australian Carbon Capture and Storage Legislation against the New Standards Set for the Clean Development Mechanism

handle is hein.journals/climatla3 and id is 135 raw text is: Climate Law 3 (2012) 139-163 139 DOI 10.3233/CL-2012-060 IOS Press Too little, too soon? An assessment of Australian carbon capture and storage legislation against the new standards set for the Clean Development Mechanism Amelia Thorpe* Abstract. At the 2011 UN climate summit in Durban, agreement was reached on rules for the inclusion of carbon capture and storage as part of the Clean Development Mechanism. Advocates of the technol- ogy have hailed this as a major milestone, and it is widely predicted that the industry will now grow considerably. Australia, with significant geological formations and enabling legislation already in place at both federal and state levels, is likely to be one of the countries pioneering this growth. The CDM decision, being the first internationally agreed set of rules for CCS, provides an important benchmark against which to assess Australian legislation. In this context, the article reviews the legal frameworks for CCS in Australia. Interestingly, Australia's CCS laws would not satisfy the standards set for host-country legal frameworks under the CDM. However, Australia does offer some lessons that may be useful for the regulation of CCS in other jurisdictions. I. INTRODUCTION Australia has been a pioneer in the development of legal frameworks for carbon capture and storage. With black coal playing a major role in Australia's economy, governments across the country have welcomed CCS as a means to deliver clean coal. The state of Western Australia introduced project-specific laws to facilitate CCS off the northwest coast in 2003, and more comprehensive enabling frameworks for both onshore and offshore CCS projects have been in force since 2008. * Lecturer in Law, University of New South Wales, <a.thorpe@unsw.edu.au>. 1878-6553/12/$27.50 @ 2012 - IOS Press and the authors. All rights reserved

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