Carbon rights on state land Guide
You can help to mitigate the effects of climate change, and earn carbon tax credits, by taking part in projects to store carbon and reduce greenhouse gas emissions on your land. This is part of the Australian Government’s Emission Reduction Fund (ERF).
There are different ways to apply for projects depending on whether you have a perpetual or term lease, an occupation licence or a freeholding lease under the Land Act 1994.
Note, the minister administering the Land Act 1994 is the crown lands minister; and crown land means land that is the property of the state (including land subject to a perpetual or term lease, an occupation licence or a freeholding lease).
This guide explains eligible activities under the ERF and how to complete and lodge applications. Before you make an application, we recommend you call us to discuss:
- the type of project, tenures included and timeframes
- tenure and lease conditions
- options for extending the term of the lease
- native title considerations
- the state’s interest in forest products, quarry material and mineral resources
- other considerations and/or approvals which may be required under other legislation e.g. protected wildlife.
This will avoid processing delays.
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Eligible activities
Before you make an application, please call us to discuss your project. This will help to avoid processing delays.
The following projects are eligible under the Emissions Reduction Fund:
- growing and keeping trees on a farm to store carbon dioxide - generally native trees will be grown and kept for a period of 25 or 100 years (sequestration offsets projects)
- adopting more sustainable agricultural practices on a farm, including savanna burning (emissions avoidance offsets projects)
- removing or modifying tidal restriction mechanisms (for example, a sea wall, bund, drain or tidal gate) to allow tidal flow to be introduced to a coastal wetland ecosystem (sequestration offsets and emission avoidance offsets projects).
There are 2 categories for project applications:
- leaseholders or licensees who don’t hold exclusive legal rights to the carbon must apply for eligible interest holder consent – this applies if you have a perpetual or term lease or occupation licence
- leaseholders who do hold exclusive legal rights to the carbon may apply for consent to registration of a carbon abatement interest – this applies to freeholding leases.
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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 Natural Resources and Mines, Manufacturing and Regional and Rural Development at SLAMlodgement@nrmmrrd.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 Natural Resources and Mines, Manufacturing and Regional and Rural Development 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 Natural Resources and Mines, Manufacturing and Regional and Rural Development 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@nrmmrrd.qld.gov.au
- post to Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development, 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 to obtain information about particular sites and their suitability for regrowing or maintaining native forest.
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Apply for consent to registration of a carbon abatement interest
Before you make an application, please call us to discuss your project. This will help to avoid processing delays.
Who is this for?
If you have a freeholding lease, you have exclusive legal rights to the carbon on your property. Before applying, you should consider whether you want to:
- pay out the outstanding purchase price on your lease and address any other requirements so that we can issue a deed of grant or
- apply for the registration of a carbon abatement interest, which gives you exclusive rights to the economic benefits associated with carbon sequestration on the land.
Please note, if your land is under a perpetual or term lease or occupation licence, you may also apply for the registration of a carbon abatement interest.
How to apply
Your application should be written, and should clearly state the lodger, applicant and land details. You should include:
- Titles Registry Form 36 – carbon abatement interest, executed by the grantor and grantee with an agreement for a carbon abatement interest for the land
- Titles Registry Form 18 – general consent, completed and executed by all interest holders in the land and registered with Titles Queensland before applying
- a copy of a plan suitable for registration with Titles Queensland that identifies the carbon abatement interest (if the interest is for only part of a lot)
- 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).
- completed Parts A and B of the eligible interest holder consent form from the Clean Energy Regulator
- details of the project timelines
- written authority from the registered tenure holder, if you don’t hold registered tenure
- evidence that the registered interest holders have no objection to the project (for example, mortgagee consent, nature refuge agreement party)
- for a variation request, a copy of the original declaration or application lodged with the Clean Energy Regulator.
Mandatory terms to be included in a carbon abatement interest agreement
A draft agreement is available for the registration of a carbon abatement interest and contains the mandatory clauses that we require to protect the state’s interest, which includes indemnity and insurance. For a copy of the draft agreement contact SLAMlodgement@nrmmrrd.qld.gov.au
Lodging your application
You can lodge your application by:
- email to SLAMlodgement@nrmmrrd.qld.gov.au
- post to Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development, 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 will consider whether the land will, or is likely to, be used or dealt with in a way that is inconsistent with the proposed carbon abatement interest.
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.
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 to obtain information about particular sites and their suitability for regrowing or maintaining native forest.
Carbon rights on state land, 08 Oct 2025, [https://www.qldgovau.staging-services.qld.gov.au/environment/land/state/use/carbon-rights]
This document is uncontrolled when printed. Before using the information in this document you should verify the current content on https://www.qldgovau.staging-services.qld.gov.au/environment/land/state/use/carbon-rights.