1Purpose

The purpose of this Act is to repeal and re-enact with amendments the Climate Change Act 2010—

(a)

to set a long-term greenhouse gas emissions reduction target; and

(b)

to provide for the setting of 5-yearly interim greenhouse gas emissions reduction targets in order to reach the long-term greenhouse gas emissions reduction target; and

(c)

to facilitate the consideration of climate change issues in specified areas of decision making of the Government of Victoria; and

(d)

to set policy objectives and guiding principles to inform decision-making under this Act and the development of government policy in the State; and

(e)

to provide for a strategic response to climate change through a climate change strategy, adaptation action plans and emissions reduction pledges; and

(f)

to provide for greater clarity and accountability through information collection and reporting; and

(g)

to facilitate the State's contribution to national and international carbon sequestration efforts; and

(h)

to provide for the creation of forestry rights, carbon sequestration rights and soil carbon rights; and

(i)

to provide for Forestry and Carbon Management Agreements in relation to private land and Carbon Sequestration Agreements in relation to Crown land; and

(j)

to implement changes arising from a statutory review of the Climate Change Act 2010; and

(k)

to make a consequential amendment to the Environment Protection Act 1970.

2Commencement

(1)

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)

If a provision of this Act does not come into operation before 1 November 2017, it comes into operation on that day.

3Definitions

In this Act—

adaptation means any process of adjusting to actual or expected climate and its effects that—

(a)

in human systems, seeks to moderate or avoid harm or exploit beneficial opportunities; and

(b)

in natural systems, may be facilitated by human intervention;

adaptation action plan means an adaptation action plan prepared under Division 2 of Part 5;

annual greenhouse gas emissions report means a report prepared under section 52;

built environment means the places and structures built or developed for human occupation, use and enjoyment;

Examples

Cities, buildings, urban spaces, housing and infrastructure.

built environment system means—

(a)

the built environment; and

(b)

how people use and interact with the built environment;

carbon dioxide equivalent means the standard unit of measurement used in greenhouse gas accounting, representing an amount of a greenhouse gas multiplied by the global warming potential of that gas;

Carbon Sequestration Agreement means an agreement entered into under section 76;

carbon sequestration right means an exclusive right to the economic benefits associated with carbon sequestered by vegetation other than vegetation that has been harvested, lopped or felled;

climate change means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods;

climate change strategy means a climate change strategy prepared under Division 1 of Part 5;

climate science report means a report prepared under section 51;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 16.1).

Council has the same meaning as in the Local Government Act 2020;

Council pledge means a statement made under section 46 in respect of reductions of greenhouse gas emissions caused or otherwise influenced by a Council;

S. 3 def. of Department amended by No. 9/2024 s. 4(3).

Department means the Department of Energy, Environment and Climate Action;

education and training system means the services and assets primarily engaged in the planning, development, provision and support of education and training, including future workplace skills and needs;

eligible offset has the meaning given in section 9;

emissions reduction pledge means—

(a)

a whole-of-government pledge; or

(b)

a sector pledge; or

(c)

a Council pledge;

forest carbon right has the meaning given in section 4;

forest produce has the same meaning as in the Forests Act 1958;

Forestry and Carbon Management Agreement means an agreement entered into under section 58;

forestry right means an exclusive right, including a right of entry to land, to—

(a)

plant, establish, manage and maintain vegetation on land; and

(b)

take and deal with any vegetation that has been harvested, lopped or felled;

greenhouse gas emissions means emissions of—

(a)

carbon dioxide, methane, nitrous oxide or sulphur hexafluoride; or

(b)

a hydrofluorocarbon or a perfluorocarbon that is specified in regulations made under the National Greenhouse and Energy Reporting Act 2007 of the Commonwealth;

guiding principles means the principles set out in Division 3 of Part 4;

health and human services system means—

(a)

the services and assets primarily engaged in protecting human health from disease resulting from or associated with communicable disease, food, water or the environment; and

(b)

the services and assets which provide human physical and mental health care, social support and assistance;

instrument has the same meaning as in the Transfer of Land Act 1958;

S. 3 def. of interim emissions reduction target substituted by No. 9/2024 s. 4(1).

interim emissions reduction target means a greenhouse gas emissions reduction target—

(a)

set out in section 10; or

(b)

determined in accordance with Division 2 of Part 2;

S. 3 def. of interim target period substituted by No. 9/2024 s. 4(2).

interim target period means the period in respect of which an interim emissions reduction target—

(a)

is set out in section 10; or

(b)

has been determined under Division 2 of Part 2;

land has the same meaning as in the Transfer of Land Act 1958;

long-term emissions reduction target has the meaning given in section 6;

natural environment system means the State's natural environment including—

(a)

land, water over that land and the soils and biodiversity associated with that land; and

(b)

the coastal waters of the State (within the meaning of the Coastal Waters (State Powers) Act 1980 of the Commonwealth in relation to Victoria), the land under those waters and the biodiversity associated with those waters and that land; and

(c)

the ecological processes and systems associated with the things set out in paragraphs (a) and (b);

nominated Minister means—

(a)

in Division 2 of Part 5—a Minister in respect of which a determination is made for the purposes of an adaptation action plan; or

(b)

in Division 3 of Part 5—a Minister in respect of which a determination is made for the purposes of a sector pledge;

old agreement means a forest property agreement or carbon rights agreement existing under the Forestry Rights Act 1996;

owner, in relation to land, includes any person entitled to be registered as the registered proprietor of that land;

policy objectives means the objectives set out in section 22;

primary production system means—

(a)

the growing and cultivation of horticultural and other crops, including plantation forestry and farm forestry; and

(b)

the controlled breeding, raising or farming of animals; and

(c)

the infrastructure, workforce and communities supporting the activities set out in paragraphs (a) and (b);

public land manager, in relation to Crown land, means—

(a)

in relation to reserved Crown land that is managed by a committee of management—the committee of management; or

(b)

in relation to any other Crown land—the Minister, public authority or municipal council responsible for the care or management of the land;

Register has the same meaning as in the Transfer of Land Act 1958;

Registrar has the same meaning as in the Transfer of Land Act 1958;

S. 3 def. of relevant Act amended by No. 24/2024 s. 31.

relevant Act means—

(a)

Crown Land (Reserves) Act 1978; or

(b)

Forests Act 1958; or

(c)

Land Act 1958; or

(d)

National Parks Act 1975; or

* * * * *

(f)

Victorian Plantations Corporation Act 1993;

Secretary has the same meaning as in the Conservation, Forests and Lands Act 1987;

sector pledge means a statement made under section 43 in respect of reductions of greenhouse gas emissions from a prescribed category of emissions and removals;

soil carbon right means an exclusive right to the economic benefits of carbon sequestered underground, excluding carbon stored within plants;

transport system means all of the components for the movement of persons and goods, including—

(a)

physical components, including transport networks, facilities and vehicles; and

(b)

services components, including passenger, freight and other transport services to move persons and goods;

vegetation means any part of a plant, whether alive or dead;

water cycle system means—

(a)

the collection, storage, treatment, delivery and supply of water, including recycled water; and

(b)

sewerage services, including the collection, treatment and disposal of wastewater through sewerage systems and wastewater treatment plants; and

(c)

drainage services, including the operation of drainage systems; and

(d)

flood management services, including the operation and maintenance of infrastructure to mitigate floods;

whole-of-government pledge means a statement made under section 41 in respect of reductions of greenhouse gas emissions caused by government operations and activities.

4Definition of forest carbon right

(1)

In this Act—

forest carbon right means—

(a)

a carbon sequestration right; or

(b)

a forestry right; or

(c)

a soil carbon right.

(2)

A forest carbon right is an interest in land.

(3)

A forest carbon right is not an easement or right of way.

5Application to Crown

This Act binds the Crown in right of the State of Victoria and so far as the legislative power of the Parliament extends, the Crown in all its other capacities.

Part 2—Greenhouse gas emissions reduction targets

Division 1—Long-term emissions reduction target and eligible offsets

6Long-term emissions reduction target

S. 6(1) amended by No. 9/2024 s. 5.

(1)

For the purposes of this Act, the long-term emissions reduction target for the State is an amount of net zero greenhouse gas emissions by the year 2045.

(2)

In this section—

net zero greenhouse gas emissions means zero greenhouse gas emissions after—

(a)

determining the amount of total greenhouse gas emissions attributable to the State, including any removals of greenhouse gas emissions from the atmosphere due to activities within the State; and

(b)

deducting from the amount described in paragraph (a) any eligible offsets from outside of the State.

7Determination for net zero greenhouse gas emissions

For the purposes of section 6, the Premier and the Minister must determine the amount of total greenhouse gas emissions attributable to the State.

S. 7A inserted by No. 9/2024 s. 5A.

7AIndependent expert advice in relation to determination for net zero greenhouse gas emissions

(1)

In determining the amount of total greenhouse gas emissions attributable to the State, the Minister must obtain advice from one or more persons who are appropriately qualified, in the Minister's opinion, to act as an independent expert.

(2)

The advice obtained under subsection (1) must include an independent assessment of the amount of total greenhouse gas emissions attributable to the State.

(3)

In forming the advice, an independent expert must consider—

(a)

the demonstrated effectiveness of any proposed activities for the removal of greenhouse gas emissions from the atmosphere; and

(b)

the likely effectiveness of any eligible offsets.

(4)

The Minister must publish any independent expert advice obtained under this section on the Internet site of the Department as soon as practicable after the advice is received by the Minister.

8Achieving the long-term emissions reduction target

The Premier and the Minister must ensure that the State achieves the long-term emissions reduction target.

9Eligible offsets

An eligible offset is a prescribed unit of greenhouse gas emissions issued under a prescribed regulatory, accreditation or certification scheme.

Division 2—Interim emissions reduction targets

S. 10 substituted by No. 9/2024 s. 6.

10Interim emissions reduction targets

(1)

The greenhouse gas emissions reduction target for the period 1 January 2021 to 31 December 2025 is 28 to 33% below the State's greenhouse gas emissions for the year 2005.

(2)

The greenhouse gas emissions reduction target for the period 1 January 2026 to 31 December 2030 is 45 to 50% below the State's greenhouse gas emissions for the year 2005.

(3)

The greenhouse gas emissions reduction target for the period 1 January 2031 to 31 December 2035 is 75 to 80% below the State's greenhouse gas emissions for the year 2005.

(4)

The Premier and the Minister must determine a greenhouse gas emissions reduction target for the State in respect of the following periods—

(a)

1 January 2036 to 31 December 2040;

(b)

1 January 2041 to 31 December 2045.

(5)

The interim emissions reduction target under subsection (4)(a) must be determined on or before 31 March 2028.

(6)

The interim emissions reduction target under subsection (4)(b) must be determined on or before 31 March 2033.

(7)

In this section—

State's greenhouse gas emissions for the year 2005 means the amount of the State's greenhouse gas emissions for the year 2005 determined under section 11(2).

11Form of interim emissions reduction targets

(1)

An interim emissions reduction target must be expressed as the extent to which the amount of the State's greenhouse gas emissions is to be reduced in relation to the amount of the State's greenhouse gas emissions for the year 2005.

(2)

For the purposes of this section, the Minister must determine a figure that represents the amount of the State's greenhouse gas emissions for the year 2005 in accordance with the prescribed method.

Climate Action Act 2017

About this Act

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