Emissions trading, offsets and other mitigation options for the Australian coal industry

Environmental and Planning Law Journal

Volumn 24, Issue 5, 2007, Pages 361-381

  Durrant, Nicola ^a  

^a QUEENSLAND UNIVERSITY OF TECHNOLOGY   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

COAL INDUSTRY; EMISSIONS TRADING; ENVIRONMENTAL LEGISLATION; GREENHOUSE GAS; LEGAL SYSTEM; MITIGATION;

EID: 37249027224     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (162)

1. For example, in Re Australian Conservation Foundation and Latrobe City Council (2004) 140 LGERA 100;
2. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment and Heritage [2006] FCA 736;
3. Gray v Minister for Planning [2006] NSWLEC 720
4. and Re Xstrata Coal Queensland Pty Ltd [2007] QLRT 33, Koppenol P (15 February 2007) (application to the Queensland Court of Appeal lodged 14 March 2007).
5. See Peel J, "The Role of Climate Change Litigation in Australia's Response to Global Warming" (2007) 24 EPLJ 90.
6. Re Xstrata Coal Queensland Pty Ltd [2007] QLRT 33, Koppenol P (15 February 2007) (application to the Queensland Court of Appeal lodged 14 March 2007) at http://www.lrt.qld.gov.au/LRT/PDF/Xstrata_a33.pdf (viewed 29 April 2007).
7. Applicant's objection and submissions available at http://www.envlaw.com.au/newlands.html (viewed 29 April 2007).
8. United Nations Framework Convention on Climate Change opened for signature on 4 June 1992, 31 ILM 849 (entered into force on 21 March 1994).
9. Kyoto Protocol to the United Nations Framework Convention on Climate Change, opened for signature 16 March 1998 (entered into force on 16 February 2005).
10. The Kyoto Protocol has currently been ratified by 170 states and regional economic integration organisations, http://unfccc.int/ kyoto∥otocol/background/status_of_ratification/items/2613.php (viewed 17 April 2007).
11. United Nations Framework Convention on Climate Change, n 3, Art 2.
12. United Nations Framework Convention on Climate Change, n 3, Art 4(1)(b).
13. United Nations Framework Convention on Climate Change, n 3, Art 4(2)(a).
14. United Nations Framework Convention on Climate Change, n 3, Art 4(1)(c).
15. A similar obligation is contained within the terms of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 2.
16. See http://www.dfat.gov.au/environment/climate/ap6/index.html (viewed 28 April 2007)
17. and the AP6 Support Group website at http://www.asiapacificpartnership.org/default.htm (viewed 28 April 2007).
18. United Nations Framework Convention on Climate Change, n 3, Art 3(3).
19. United Nations Framework Convention on Climate Change, n 3, Arts 12, 4(1)(a), 4(2)(a) and 4(2)(b).
20. Department of the Environment and Heritage Tracking to the Kyoto Target 2006: Australia's Greenhouse Emissions Trends 1990 to 2008-2012 and 2020 (Australian Greenhouse Office, 2006), p 3.
21. United Nations Framework Convention on Climate Change, n 3, Art 3(1).
22. Saddler H, "Greenhouse Gas Emissions Associated with the Proposed Newlands Wollombi No 2 Project", report prepared for the Xstrata Case (see n 2) (12 January 2007), p 14, http://www.envlaw.com.au/ newlands5.pdf (viewed 29 April 2007).
23. Namely, carbon dioxide (CO2); methane (CH4); nitrous oxide (N2O); hydrofluorocarbons (HFCs); perfluorocarbons (PFCs); and sulphur hexafluoride (SF6).
24. Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 12.
25. Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 6.
26. United Nations Framework Convention on Climate Change, Decision 2/ CMP 1, "Principles, Nature and Scope of the Mechanisms Pursuant to Articles 6, 12 and 17 of the Kyoto Protocol" (FCCC/KP/CMP/2005/8/ Add 1) at [1].
27. From 2008-2012, eligible Annex I parties may buy or sell their allowances, from these registries, through emissions trading under the Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 17.
28. United Nations Framework Convention on Climate Change, Decision 3/ CMP 1, "Modalities, Rules and Guidelines for Emissions Trading under Article 17 of the Kyoto Protocol; Annex: Modalities, Rules and Guidelines for Emissions Trading under Article 17 of the Kyoto Protocol" (FCCC/KP/CMP/2005/8/Add 1) at [2].
29. United Nations Framework Convention on Climate Change, Decision 11/CMP 1, "Modalities, Rules and Guidelines for Emissions Trading under Article 17 of the Kyoto Protocol; Annex: Modalities, Rules and Guidelines for Emissions Trading under Article 17 of the Kyoto Protocol" (FCCC/KP/CMP/2005/8/Add 2), note 87, at [5].
30. United Nations Framework Convention on Climate Change, Decision 13/CMP 1, "Modalities for the Accounting of Assigned Amounts under Article 7, Paragraph 4, of the Kyoto Protocol; Annex II: Registry Requirements" (FCCC/KP/CMP/2005/8/Add 2), Section D, [38].
31. United Nations Framework Convention on Climate Change, Decision 13/CMP 1, n 23, Section D, [43].
32. United Nations Framework Convention on Climate Change, Decision 3/ CMP 1,n 21, Section F, [33],
33. Wemaere M and Streck C, "Legal Ownership and Nature of Kyoto Units and EU Allowances" in Freestone D and Streck C (eds), Legal Aspects of Implementing the Kyoto Protocol Mechanisms: Making Kyoto Work (Oxford University Press, 2005), p 42.
34. The MOP is the Meeting of the Parties under the Kyoto Protocol comprised of representatives of the parties to that agreement.
35. Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 12(5)(b).
36. Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 12(5)(c). The process for the implementation of CDM projects are discussed further below.
37. A tCER is a CER issued for afforestation or deforestation activities which expires at the end of the commitment period following the one during which it was issued. An ICER expires at the end of the crediting period of the afforestation or reforestation activity for which it was issued. The crediting period can be for a maximum of 20 years, renewed twice, or a maximum of 30 years. United Nations Framework Convention on Climate Change, Decision 19/CMP 9, "Modalities and Procedures for Afforestation and Deforestation Project Activities under the Clean Development Mechanism in the First Commitment Period of the Kyoto Protocol", Annex, Definitions.
38. Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 6.1. The process for the implementation of JI projects are discussed further below.
39. Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 6.1(b).
40. European Union Greenhouse Gas Emission Allowance Trading Scheme, (2005) http://ec.europa.eu/environment/climat/emission.htm (viewed 25 August 2007). EU Directive 2003/87/EC (entry into force 25 October 2003) published in the Official Journal of the European Communities (OJL) (25 October 2003).
41. Pew Center on Global Climate Change, The European Union Emissions Trading Scheme (EU-ETS) Insights and Opportunities (Pew Center on Global Climate Change, 2005), p 8.
42. Egenhofer C et al, The EU Emissions Trading Scheme: Taking Stock and Looking Ahead (European Climate Platform, 2006). The EU Scheme is currently under review. The European Union Commission is considering expanding the scope and coverage of the EU Scheme post-2012, eg to include the aviation sector.
43. This lack of harmony has not yet been judicially considered within the European Union.
44. European Union, Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (entry into force 25 October 2003) published in the Official Journal of the European Communities (OJL) (25 October 2003), Art 3(a).
45. European Union, Directive 2003/87/EC, n 37, Art 6(1).
46. European Union, Directive 2003/87/EC, n 37, Art 6(2)(e).
47. European Union, Directive 2003/87/EC, n 37, Art 9.
48. European Union, Directive 2003/87/EC, n 37, Art 9.
49. Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/ 87/EC of the European Parliament and of the Council and Decision No 280/ 2004/EC of the European Parliament and of the Council, Official Journal of the European Communities; L 386/1 (29 December 2004).
50. European Union, Directive 2003/87/EC, n 37, Art 20.
51. European Union, Directive 2003/87/EC, n 37, Art 12. Norway is seeking to link its new market with the EU Scheme in Phase 2.
52. European Union, Directive 2004/101/EC of the European Parliament and of the Council as of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community in respect of the Kyoto Protocol's project mechanism (entry into force 13 November 2004) published in Official Journal of the European Communities, L 338 (13 November 2004), at [5],[7] and [10].
53. Commission of the European Communities, Communication from the Commission: Further Guidance on Allocation Plans for the 2008 to 2012 Trading Period of the EU Emission Trading Scheme (COM (2005) 703, 2005), p 16.
54. Chicago Climate Exchange, About CCX at http://www.chicagoclimatex.com/about/index.html (viewed 24 April 2007).
55. Chicago Climate Exchange, n 47.
56. Regional Greenhouse Gas Initiative Memorandum of Understanding (20 December 2005), http://www.rggi.org/agreement.htm (viewed 23 January 2006).
57. DePalma A, "Nine States in Plan to Cut Emissions by Power Plants" The New York Times (24 August 2005), http://www.nytimes.com/2005/08/24/nyregion/24air.html?ex= 1282536000&en=9b4ffd991f98cd72&ei=5088&partner= rssnyt&emc=rss (viewed 24 April 2007).
58. Available at http://www.rggi.org/modelrule.htm (viewed 29 April 2007).
59. Available at http://www.rggi.org/states.htm (viewed 23 April 2007 ).
60. Renewable Energy (Electricity) Act 2000 (Cth).
61. Electricity Supply Act 1995 (NSW).
62. Renewable Energy (Electricity) Act 2000 (Cth).
63. Electricity Supply Act 1995 (NSW), s 5.
64. Electricity Supply Act 1995 (NSW), s 97A.
65. Under the Electricity (Greenhouse Gas Emissions) Act 2004 (ACT).
66. Electricity Supply Act 1995 (NSW), Pt 8A.
67. Electricity Supply Act 1995 (NSW), s 97AB.
68. Electricity Supply Act 1995 (NSW), s 97EA.
69. Forest sink projects are issued with permanent credits under the New South Wales scheme and sinks are only required to be maintained for 100 years whereas the Kyoto Protocol issues short-term replacement credits for these projects.
70. See http://www.cabinet.nsw.gov.au/greenhouse/emissionstrading (viewed 24 April 2007). A discussion paper outlining the proposed scheme was released August 2006.
71. See http://www.pmc.gov.au/emissionstrading/index.cfm (viewed 24 April 2007). The Task Group is required to report to the Prime Minister by 31 May 2007.
72. Council for the Australian Federation, Communique: 7 February 2007 Sydney, p 5, http://www.emissionstrading.org.au/data/assets/ pdf_file/0016/6343/CAF_communique_9feb07.pdf (viewed 20 June 2007). The National Emissions Trading Taskforce intends to recommend a preferred scheme design in the second half of 2007.
73. Compared to 1990 greenhouse gas emissions levels. The European Union has stated that it will increase that target to 30% if other developed countries follow suit. These targets are aimed at achieving atmospheric emissions of 450 ppm and limiting a rise in the Earth's temperature to 2 degrees Celsius. European Council Meeting, Brussels, 8-9 March 2006, Presidency Conclusions Pt III at [32], http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/ en/ec/93135.pdf (viewed 25 April 2007).
74. Draft Climate Change Bill presented to Parliament on 13 March 2007 available at http://www.official-documents.gov.uk/document/cm70/7040/ 7040.pdf (viewed 25 April 2007). The draft Bill was open for public consultation until 12 June 2007.
75. The leader of the Australian Labor Party, Kevin Rudd, has indicated that he would adopt a target for Australia of 60% reductions in emissions by 2050 in line with the international community. He also supports the introduction of an emissions trading system for Australia. See Australian Broadcasting Corporation, Transcript Lateline: Tony Jones speaks to Opposition Leader Kevin Rudd (broadcast 26 April 2007), http://www.abc.net.au/lateline/content/2007/s1907659.htm (viewed 29 April 2007).
76. Beeton RSJ et al, Australia State of the Environment 2006: Independent Report to the Australian Government Minister for the Environment and Heritage, Department of the Environment and Heritage, Canberra (Australia State of the Environment Committee, 2006), p 27, http://www.environment.gov.au/soe/2006/index.html (viewed 15 April 2007).
77. See http://www.sd-commission.org.uk/pages/carbontrading.html (viewed 25 April 2007).
78. For New Zealand suggestions see New Zealand Institute of Economic Research, Emissions Trading Scheme for New Zealand: A Report for Business New Zealand (26 March 2007), http://www.businessnz.org.nz/file/1188/ Emissions%2Trading%20Scheme%20for%20NZ.pdf (viewed 29 April 2007).
79. Such as the international Greenhouse Gas Protocol or the Clean Development Mechanism (CDM) Gold Standard available at http://www.ghgprotocol.org and http://www.cdmgoldstandard.org (viewed 23 April 2007).
80. Conveyancing Act 1919 (NSW), s 87A;
81. Forestry Rights Registration Act 1990 (Tas);
82. Forestry Act 1959 (Qld), s 5 and Pt 6B;
83. Carbon Rights Act 2003 (WA), ss 5 and 61J(5);
84. Forestry Rights Act 1996 (Vic), s 5;
85. Forest Property Act 2000 (SA) new s 3A (the South Australian Act was recently amended under the Forest Property (Carbon Rights) Act 2006 (SA), those provisions had not been proclaimed as at 26 April 2007).
86. In the absence of ratification of the Kyoto Protocol, Australian entities can only engage in these projects via joint venture arrangements with parties to the Kyoto Protocol.
87. United Nations Framework Convention on Climate Change, Decision 3/ CMP 1, n 21.
88. Kyoto Protocol to the United Nations Framework Convention on Climate Change, n 4, Art 12.5.
89. United Nations Framework Convention on Climate Change, Decision 3/ CMP 1, n 21, Section C, [5].
90. United Nations Framework Convention on Climate Change, Decision 9/ CMP 1, "Guidelines for the Implementation of Article 6 of the Kyoto Protocol; Annex: Guidelines for the Implementation of Article 6 of the Kyoto Protocol" (FCCC/KP/CMP/2005/8/Add 2), Section B.
91. United Nations Framework Convention on Climate Change, Decision 9/ CMP 1, n 78, Section D.
92. In the case of the CDM, this is done through the designation of a Designated National Authority. With respect to JI, this is the Designated Focal Point. United Nations Framework Convention on Climate Change, Decision 3/CMP 1, n 21, Section F, [291;
93. United Nations Framework Convention on Climate Change, Decision 9/ CMP 1, n 78, Section D, [20].
94. United Nations Framework Convention on Climate Change, Decision 3/ CMP 1, n 21, Section G, [37](c).
95. United Nations Framework Convention on Climate Change, Decision 3/ CMP 1, n 21, Section G, [40](a).
96. Wilson E and de Figueiredo M, "Geological Carbon Dioxide Sequestration: An Analysis of Subsurface Property Law" (2006) 36(2) Environmental Law Reporter 10114 at 10114.
97. See htttp://www.co2crc.com.au/pilot/OBPP.html (viewed 19 April 2007).
98. See http://www.coordinatorgeneral.old.gov.au/major_projects/ zerogen.shtm (viewed 19 April 2007).
99. The territorial sea extends out 12 miles from the coastline.
100. This extends from the territorial sea out to a maximum of 200 nautical miles from the baselines of the coast. Purdy R and Macrory R, Geological Carbon Sequestration: Critical Legal Issues (Working Paper 45, Tyndall Centre for Climate Change Research, 2004), p 12.
101. The status of the Exclusive Economic Zone (EEZ) varies from country to country. Australia has claimed its EEZ through the Seas and Submerged Lands Act 1973 (Cth).
102. United Nations Convention on the Law of the Sea, 10 December 1982 (entered into force 16 November 1994), 211 ILM 1261.
103. International Maritime Organization, Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the London Convention) (entered into force 1975).
104. International Maritime Organization, Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996 (the London Protocol) (entered into force March 2006).
105. United Nations Convention on the Law of the Sea, n 89, Arts 192 and 193.
106. United Nations Convention on the Law of the Sea, n 89, Art 194(1).
107. United Nations Convention on the Law of the Sea, n 89, Art 1(1)(4).
108. United Nations Convention on the Law of the Sea, n 89, Art 194(2).
109. United Nations Convention on the Law of the Sea, n 89, Art 194(3)(a).
110. United Nations Convention on the Law of the Sea, n 89, Art 1(5)(a)(i).
111. United Nations Convention on the Law of the Sea, n 89, Art 1(5)(b)(ii).
112. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, n 90, Art 1.
113. Convention on the Prevension of Marine Pollution by Dumping of Wastes and Other Matter 1972, n 90, Art 3(1)(a).
114. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, n 90, Art 3(3).
115. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, n 90, Art 4(1).
116. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, n 90, Art 4(1).
117. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, n 90, Annex 1(11).
118. Purdy et al, n 87, pp 21-22.
119. Purdy et al, n 87, p 25.
120. Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996, n 91. Thirty parties had ratified the Protocol as at 8 Febniary 2007, list available at http://www.imo.org/ home.asp?topic_id=1488 (viewed 26 April 2007).
121. Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996, n 91, Art 2.
122. Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996, n 91, Art 1(10).
123. Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996, n 91, Art (1)(4).
124. Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996, n 91, Art 1(7).
125. Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996, n 91, Art 1(7).
126. Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996, n 91, Art 3(1).
127. Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996, n 91, Art 4(1).
128. This became operational as at 10 February 2007.
129. 2 Under the Seabed (9 February 2007), http://www.imo.org/Safety/ mainframe.asp?topic_id=1472&doc_id=7772 (viewed 23 April 2007).
130. International Maritime Organization, n 115.
131. Ministerial Council on Mineral and Petroleum Resources, Carbon Dioxide Capture and Geological Storage: Australian Regulatory Guiding Principles (Ministerial Council on Mineral and Petroleum Resources, 2005), pp 4-5, http://www.industry.gov.au/content/itrinternet/ cmscontent.cfm?objectID=BB5D2EC6-D629-1A92-99F7880CA11BE517 (viewed 26 April 2007).
132. The Federal House Standing Committee on Science and Innovation commenced an inquiry into geosequestration technology, including regulatory and approval issues, in June 2006, http://www.aph.gov.au/house/committee/ scin/geosequestration (viewed 4 May 2007).
133. Petroleum Act 2000 (SA), s 10.
134. Petroleum Act 2000 (SA), s 46.
135. Petroleum Act 2000 (SA), ss 4 and 5.
136. Petroleum Act 2000 (SA), s 5.
137. Petroleum Act 1998 (Vic), s 6, Divs 7 and 8. This definition applies only to naturally occurring carbon dioxide and not to carbon dioxide as a by-product, such as in coal-fired electricity plants.
138. Petroleum and Gas (Production and Safety) Act 2004 (Qld), ss 12 and 13.
139. Petroleum and Gas (Production and Safety) Act 2004 (Qld), Pt 6.
140. Petroleum and Gas (Production and Safety) Act 2004 (Qld), ss 212 to 214.
141. Barrow Island Act 2003 (WA), s 13.
142. Barrow Island Act 2003 (WA), s 11.
143. Derived from the maxim "cuis est solum eius est usque ad coelum et ad inferos" referred to in the report of Bury v Pope (1586) Cr Eliz 118; 78 ER 375.
144. Geothermal Kinetics Inc v Union Oil Co of California 141 Cal Rptr 879 (1977).
145. For example, in Queensland under Pt 8, ss 442 and 443 of the Environmental Protection Act 1994 (Qld) and the Environmental Protection (Waste Management) Regulation 2000 (Qld). In New South Wales under ss 115, 142A, and 143 of the Protection of the Environment Operations Act 1997 (NSW).
146. McLaren J and Fahey J, "Key Legal and Regulatory Considerations for the Geosequestration of Carbon Dioxide in Australia" (2005) 24(1) Australian Resources and Energy Law Journal 45 at 51.
147. For example, in Queensland this is an offence under s 430 of the Environmental Protection Act 1994 (Qld). The maximum penalty is 2,000 penalty units or two years imprisonment.
148. Intergovernmental Panel on Climate Change (IPCC), Special Report on Carbon Dioxide and Storage: Summary for Policy Makers and Technical Summary (Approved and Accepted by IPCC Working Group III and 24th Session of the 1PCC, Montreal, Intergovernmental Panel on Climate Change, 2005), http://www.mnp.nl/ipcc/pages_media/SRCCS-final/ ccsspm.pdf (viewed 23 April 2007). The IPCC report considers that it is "very likely" that 99% of the stored carbon would remain over a 100-year period and it is "likely" that 99% would remain over a 1,000-year period (p 31).
149. Intergovernmental Panel on Climate Change, n 133, p 31.
150. Intergovernmental Panel on Climate Change, n 133, p 31.
151. Through the statutory offences of causing serious or material environmental harm or environmental nuisance, eg under ss 436, 437, 438, and 440 of the Environmental Protection Act 1994 Qld);
152. and.of negligently causing harmful substances to leak, eg under ss 116 and 126 of the Protection of the Environment Operations Act 1997 (NSW). See also the Environment Protection Act 1986 (WA), Environment Protection Act 1993 (SA), Environment Protection Act 1970 (Vic) and the Environmental Management and Pollution Control Act 1994 (Tas).
153. The Intergovernmental Panel on Climate Change (IPCC) recommends the introduction of policies that create a real or implicit price of carbon and could create incentives to invest in low-greenhouse gas alternatives. Intergovernmental Panel on Climate Change 2007 IPCC Fourth Assessment Report, Working III Report: Mitigation of Climate Change - Summary for Policy Makers, at [23], http://www.ipcc.ch (viewed 4 May 2007).
154. Massachusetts Institute of Technology, The Future of Coal: Options for a Carbon Constrained World (Massachusetts Institute of Technology, 2007), http://web.mit.edu/coal/The_Future_of_Coal.pdf (viewed 23 April 2007).
155. Massachusetts Institute of Technology, n 138, p 24.
156. Massachusetts Institute of Technology, n 138, pp 29-34.
157. Cleaner Energy Fossil Task Force, Cleaner Fossil Energy Task Force Action Plan (Asia-Pacific Partnership on Clean Development and Climate, W), p 3, http://www.dfat.gov.au/environment/climate/ap6 (viewed 23 April 2007).
158. Cleaner Fossil Energy Task Force, n 141, p 3.
159. Massachusetts Institute of Technology, n 138, p 24.
160. For example, as proposed by Kevin Rudd in relation to China, "Rudd Outlines Climate Change Battle" The Sydney Morning Herald (17 April 2007), http://www.smh.com.au/news/National/ Rudd-outlines-climate-change-battle/2007/04/17/1176696827537.html (viewed 23 April 2007).
161. However, the monitoring and enforcement of such a provision could be time-consuming and costly for all parties.
162. In accordance with the principle of the common but differentiated responsibilities of nations.