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Carbon rights on state land

Apply for consent to registration of a carbon abatement interest

Who is this for?

If you have a freeholding lease, you have exclusive legal rights to the carbon on your property. Before applying, you should consider whether you want to:

  • pay out the outstanding purchase price on your lease and address any other requirements so that we can issue a deed of grant or
  • apply for the registration of a carbon abatement interest, which gives you exclusive rights to the economic benefits associated with carbon sequestration on the land.

Please note, if your land is under a perpetual or term lease or occupation licence, you may also apply for the registration of a carbon abatement interest.

How to apply

Your application should be written, and should clearly state the lodger, applicant and land details. You should include:

  • Titles Registry Form 36 – carbon abatement interest, executed by the grantor and grantee with an agreement for a carbon abatement interest for the land
  • Titles Registry Form 18 – general consent, completed and executed by all interest holders in the land and registered with Titles Queensland before applying
  • a copy of a plan suitable for registration with Titles Queensland that identifies the carbon abatement interest (if the interest is for only part of a lot)
  • a copy of the Declaration of an Emissions Reduction Fund project from the Clean Energy Regulator that states the project is registered under the Carbon Credits (Carbon Farming Initiative) Act 2011 (CFI Act).
  • completed Parts A and B of the eligible interest holder consent form from the Clean Energy Regulator
  • details of the project timelines
  • written authority from the registered tenure holder, if you don’t hold registered tenure
  • evidence that the registered interest holders have no objection to the project (for example, mortgagee consent, nature refuge agreement party)
  • for a variation request, a copy of the original declaration or application lodged with the Clean Energy Regulator.

Mandatory terms to be included in a carbon abatement interest agreement

A draft agreement is available for the registration of a carbon abatement interest and contains the mandatory clauses that we require to protect the state’s interest, which includes indemnity and insurance. For a copy of the draft agreement contact SLAMlodgement@resources.qld.gov.au

Lodging your application

You can lodge your application by:

How your application is assessed

We will assess your application against legislative requirements and our own policies, procedures and guidelines.

For example, we will:

  • seek the views of relevant stakeholders (e.g. other state government agencies and local government authorities) to determine whether the proposal will have an impact on their interest in or near the subject land
  • consider native title, other state interests and whether or not the land is prime agricultural land
  • ensure that all outstanding rent or instalments and any penalties on the lease are paid.

We will consider whether the land will, or is likely to, be used or dealt with in a way that is inconsistent with the proposed carbon abatement interest.

We may also consult with the chief executive, Department of Agriculture and Fisheries (DAF), about the possible impact of the project on proposals to deal with, or contracts involving, state-owned forest products e.g. native trees/native forest areas.

Read about DAF’s involvement in Emissions Reduction Fund Projects.

What happens next?

When we have investigated all issues, we will write to you with our decision.

Related information

In this guide:

  1. Eligible activities
  2. Apply for eligible interest holder consent
  3. Apply for consent to registration of a carbon abatement interest

Print entire guide

Last updated:
11 May 2021
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