If you want to apply to register an Australian Carbon Credit Unit (ACCU) Scheme project, you must have the legal right to carry out the project. Legal right usually relates to the estate or interest an applicant has in the project land.
This guidance will help you provide the correct evidence of legal right if you're planning to carry out an ACCU Scheme project, like savanna fire management, in the Northern Territory on land subject to the Aboriginal Land Rights (Northern Territory) Act 1976 (ALR Act).
Land Trusts
Land Trusts established under the ALR Act hold land titles in the Northern Territory. This means they have all the rights of the owner of the land.
Land Trusts must:
- exercise their rights for the benefit of Traditional Owners
- follow the directions of the relevant area's Land Council.
As the owner of the land, the Land Trust can permit others to use the land. It can also grant an estate or interest in the land that allows exclusive possession, such as a leasehold.
Obtaining legal right from a Land Trust
You will generally have the legal right to run an ACCU Scheme project in the Northern Territory on land subject to the ALR Act, if:
- the Land Trust has authorised you, or given you permission, to run the project
- you are the leaseholder with a right to exclusive possession of the land
- the leaseholder has given you authority or a licence to run the project.
Demonstrating legal right from a Land Trust
When you apply to register your ACCU Scheme project, you should provide evidence you:
- are the Land Trust and leaseholder's agent
- have permission from the relevant Land Trust or leaseholder, or
- are under licence from the Land Trust or leaseholder.
This evidence could be:
- the results of a title search
- correspondence confirming you are acting with the authority or permission of the relevant Land Trust or interest holder
- evidence of the resolution of the land council to undertake an ACCU Scheme project on that area of land.