Edited by Mona Hymel, Larry Kreiser, Janet E. Milne and Hope Ashiabor
Chapter 5: How market-based emissions reduction mechanisms affect private property in Australia
Climate change is widely accepted to pose a range of risks and challenges for Australia. As a result, Federal, State/Territory, and local governments are taking action to both mitigate, and adapt to, the consequences of climate change. This chapter explores two overarching issues of how activities undertaken to mitigate climate change are affecting land use in Australia. First, what are the nature and scope, and the grounds for exercising rights over private property under Australian law in the context of climate change? Second, how is use and enjoyment of private property affected by Australia’s flagship mechanism to encourage GHG emissions mitigation, the Emissions Reduction Fund (‘ERF’)?
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