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Federal Court outcome on Emissions Reduction Fund case

01 November 2018

The Federal Court has today handed down its decision in the case of Country Carbon Pty Ltd v Clean Energy Regulator.

The decision confirmed that section 28A of the Carbon Credits (Carbon Farming Initiative) Act 2011 (CFI Act) is to be applied as it is drafted – project proponents are required to obtain eligible interest-holder consent for area-based emissions avoidance projects.

The Court has also held that whether a person has the legal right to carry out an Emissions Reduction Fund project is a matter to be established to the satisfaction of the Regulator in accordance with the law.

The Clean Energy Regulator welcomes the clarity provided by the Court on these matters.

The Clean Energy Regulator notes that the Federal Court’s decision has a 21-day appeal period. During this period we will consider the Court’s judgment, and continue to administer the Emissions Reduction Fund in accordance with the decision.


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