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2008 Lawasia J. 70 (2008)
Carbon Capture and Storage: A Need for Re-conceiving Property Interests and Resource Management in the Australian Legal System

handle is hein.journals/lawasiaj9 and id is 76 raw text is: CARBON CAPTURE AND STORAGE: A NEED FOR RE-CONCEIVING PROPERTY INTERESTS AND RESOURCE MANAGEMENT IN THE AUSTRALIAN LEGAL SYSTEM Ross Ashcroft* 1 INTRODUCTION Carbon capture and storage (CCS) or geosequestration' is touted as one of many solutions to contemporary concerns relating to global warming and the emissions of greenhouse gases (GHG). Australia has been lauded as a world leader in this area.2 This is because, in Australia, several jurisdictions in recent years have each begun undertaking trials of the process3 and Australia has been at the forefront of policy4 development in the area and pushing to amend international laws relating to pollution in order to make CCS a viable method of achieving a reduction in GHG emissions.5 Indeed, since the new federal government has taken power, contracts with private entities have been concluded in order to advance the technology further in conjunction with several other countries, including China and the United States.6 Furthermore, Australia has been the first jurisdiction to Senior Research Assistant, Faculty of Law, Queensland University of Technology. The author would like to thank Professors Douglas E Fisher, Sharon Christensen and William Duncan of Queensland University of Technology and Professor Pamela O'Connor for discussions on this paper. Also thanks to Dr Jackie Mapulanga-Hulston of Queensland University of Technology for editorial comments and the anonymous referees. The research is funded under an Australian Research Council grant (DP0771825). All errors remain solely mine. L Groves, Governor Praises Carbon Sequestration Research, </www.dailyutahchronicle.com/ news/ 1.344268-1.344268> at 26 July 2008; see also CRC for Greenhouse Gas Technologies, About Geosequestration, </www.co2crc.com.au/> at 26 July 2008; Department of Primary Industries (Victoria), Minerals & Petroleum: Geosequestration, </www.dpi.vic.gov.au/ DPI/nrenmp.nsf/fid/7E76D7964F850D2 1 CA256F84007B9E8F> at 26 July 2008. Again, there is a lack of uniformity in the terms used within the field. This disparity potentially could make it difficult for acceptance among a community which does not understand the benefits or related issues. 2 Nigel Bankes and Martha Roggenkamp, 'Legal Aspects of Carbon Capture and Storage', in Donald Zillman, Catherine Redgwell, Yinka 0 Omorogbe and Lila K Barrera-Hemndez (eds), Beyond the Carbon Economy: Energy Law in Transition (2008) 344; see also Scott Singleton, Carbon Capture and Storage - The Global Approach, <www.minterellison.com/public/connect/ Internet/HomelLegal+Insights/Articles/A-D-Carbon+capture+&+storage> at 15 July 2008. 3 Cooperative Research Centre for Greenhouse Gas Technologies (CRC), Demonstration and Pilot Projects, <www.co2crc.com.au/researchldemonstration.html> at 8 July 2008. 4 House of Representatives Standing Committee on Science and InnovatiOn, Between a Rock and a Hard Place: The Science of Geosequestration (2007). 5 Bankes, above n 2, 344 6 Ausindustry, Media Release: Contract Signed For Carbon Capture And Storage Project, <www.ausindustry.gov.au/content/content.cfm?ObjectlD=O I 7C805F-E9CA-414B- 9DD6A15A6CD63D64&L3Keyword=emissions> at 8 July 2008.

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