Legal liability for carbon capture and storage in Australia : where should the losses fall?
Data(s) |
2012
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Resumo |
This article presents a critical analysis of the current and proposed CCS legal frameworks across a number of jurisdictions in Australia in order to examine the legal treatment of the risks of carbon leakage from CCS operations. It does so through an analysis of the statutory obligations and liability rules established under the offshore Commonwealth and Victorian regimes, and onshore Queensland and Victorian legislative frameworks. Exposure draft legislation for CCS laws in Western Australia is also examined. In considering where the losses will fall in the event of leakage, the potential tortious and statutory liabilities of private operators and the State are addressed alongside the operation of statutory protections from liability. The current legal treatment of CCS under the new Australian Carbon Pricing Mechanism is also critiqued. |
Formato |
application/pdf |
Identificador | |
Publicador |
Thomson Legal and Regulatory |
Relação |
http://eprints.qut.edu.au/49720/2/49720.pdf http://www.thomsonreuters.com.au/environmental-and-planning-law-journal-online/productdetail/97170 Swayne, Nicola & Phillips, Angela (2012) Legal liability for carbon capture and storage in Australia : where should the losses fall? Environmental and Planning Law Journal, 29(3), pp. 189-216. http://purl.org/au-research/grants/ARC/ DP1094061 |
Direitos |
Copyright 2012 Thomson Reuters |
Fonte |
Faculty of Law; Institute for Future Environments; School of Law |
Palavras-Chave | #180105 Commercial and Contract Law #180111 Environmental and Natural Resources Law #180124 Property Law (excl. Intellectual Property Law) #energy and resources law #carbon rights #carbon capture and storage #clean energy regulation #torts #legal liability #pollution law |
Tipo |
Journal Article |