Carbon rights as new property: the benefits of statutory verification

摘要: This paper examines the different ways in which carbon rights have been verified as property interests. A right is a new and unique form of land interest that confers upon holder to incorporeal benefit sequestration on piece forested land. Carbon refers absorption from atmosphere dioxide by vegetation soils storage soils. Innovative legislation has introduced each state seeking separate natural flowing ownership. The fragmentation ownership this way constituent broader climate change strategies particularly important for an Australian emissions trading scheme where will acquire value tradable offsets. explore legislative responses proprietary characterisation interest. It argue verifying statutory interest, line with approach set out Rights Act 2003 (WA), preferable aligning it preconceived categories common law servitude. By articulating the  status form, its sui generis character more accurately reflected. Further, validation efficient rules are visible therefore come attention other market participants quickly at lower cost without burden complexity associated expressing through prism pre-conceived non-responsive forms.