Tenure, Title and Property in Geological Storage of Greenhouse Gas in Australia

Abstract

The Disposal of greenhouse gas (GHG) by underground storage in geological formations provokes several questions of legal entitlement: to the land in which the formations occur; to the formations that accommodate the stored gas; to the stored gas; to locate these formations; to store gas therein; to deal with these exploration and storage rights; and to protect them. This chapter examines how those questions arise and are resolved, onshore and offshore, in Australia. Legal entitlement to land within Australia and offshore is derived from a number of distinct sources: Aboriginal customary law and practice, English land law, Australian statutes and international law. In 1992, the High Court of ..