Victorian Numbered Acts

CLIMATE CHANGE ACT 2017 (NO. 5 OF 2017) - SECT 3

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 ;

"Council" has the same meaning as in the Local Government Act 1989 ;

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

"Department" means the Department of Environment, Land, Water and Planning;

"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 ;

"interim emissions reduction target" means a greenhouse gas emissions reduction target determined under Division 2 of Part 2;

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

"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

        (e)     Sustainable Forests (Timber) Act 2004 ; 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.