Carbon rights on state land
Apply for eligible interest holder consent
Before you make an application, please call us to discuss your project. This will help to avoid processing delays.
Who is this for?
If your land is under a perpetual or term lease or occupation licence, you do not hold exclusive legal rights to the carbon. You must get consent from us for your project to be eligible.
How to apply
All applications
Your application should be written, and should clearly state the lodger, applicant and land details. You should include:
- written authority from the registered tenure holder, if you don’t hold registered tenure
- evidence that all registered interest holders have been advised of the project and have no objection (e.g. nature refuge agreement party, mortgagee)
- a map of the property boundary and project area
- details of the project timelines
- a copy of the Declaration of an Emissions Reduction Fund project from the Clean Energy Regulator that states the project is registered under the Carbon Credits (Carbon Farming Initiative) Act 2011 (CFI Act)
- if there has been a variation request, a copy of the original declaration or application lodged with the Clean Energy Regulator
- a copy of your contract with the project proponent. Make sure it includes reference to the state land that is (or will be) registered under the CFI Act
- a deed poll signed by the project proponent, which provides an indemnity and release in favour of the Minister and the state against all claims that:
- arise out of, connect to or result from the project
- are connected to or result from the proponent's use or occupation of the state land.
Contact the Department of Resources at SLAMlodgement@resources.qld.gov.au for a copy of a deed poll template. We recommend that you get independent legal advice before signing the deed poll.
Savanna burning
Emission avoidance projects for savanna burning on leases need to provide additional supporting information:
- an agreement about savanna burning services, signed by all parties
- a fire plan for savanna burning.
Tidal restoration
Tidal restoration of blue carbon ecosystems method projects will need to:
- consult with the Department of Resources for initial comment on the tidal boundary and legal rights to the project area
- seek surveying advice early to clarify the tidal boundaries
- consult with the Department of Agriculture and Fisheries for advice on potential forest products or fisheries that may be affected.
The Department of Resources may need to provide owner’s consent for any application to remove or modify a tidal restriction mechanism on land under the Land Act 1994.
A blue carbon method project can only be for part of the lease, as the lease must still be used for its purpose (for example, a lease for grazing must still be able to be used for grazing).
Lodging your application
You can lodge your application by:
- email to SLAMlodgement@resources.qld.gov.au
- post to Department of Resources, PO Box 5318, Townsville QLD 4810.
How your application is assessed
We will assess your application against legislative requirements and our own policies, procedures and guidelines.
For example, we will:
- seek the views of relevant stakeholders (e.g. other state government agencies and local government authorities) to determine whether the proposal will have an impact on their interest in, or near, the subject land
- consider native title, other state interests and whether or not the land is prime agricultural land
- ensure that all outstanding rent or instalments and any penalties on the lease are paid.
We may also consult with the chief executive, Department of Agriculture and Fisheries (DAF), about the possible impact of the project on proposals to deal with, or contracts involving, state-owned forest products e.g. native trees/native forest areas.
- Read about DAF’s involvement in Emissions Reduction Fund Projects.
What happens next?
When we have investigated all issues, we will write to you with our decision.
Before you undertake your project, you should contact other local, state and federal government agencies to ensure you comply with their requirements. For example, if you are undertaking savanna burning, you may have other statutory obligations, such as obtaining a permit under the Fire and Emergency Services Act 1990 and any other permits and approvals.
Related information
- Read about vegetation management.
- Learn more about climate change mitigation in Queensland.
- Read more about the benefits from carbon credits.
- Refer to the information about the Emissions Reduction Fund
Use the regrowth benefits tool and supporting user guide to obtain information about particular sites and their suitability for regrowing or maintaining native forest.
In this guide:
- Eligible activities
- Apply for eligible interest holder consent
- Apply for consent to registration of a carbon abatement interest