Analysis of Climate Change and its Legal Framework: A Report

This research paper analyzes the impact of climate change and its legal frameworks in Australia, Indonesia, and Brazil. It examines governmental regulations related to forest management, deforestation, and carbon sequestration, highlighting the effects of wildfires and the role of legal tools in addressing climate change. The paper explores specific legislative examples, such as the Climate Change Act in Victoria and the Climate Change and Greenhouse Emission Reduction Act in South Australia, as well as the Forest Code in Brazil. The study assesses the effectiveness of these frameworks in mitigating climate change and promoting sustainable practices, including REDD+ initiatives and the protection of forest resources. It also considers the financial and societal impacts of environmental events like bushfires and deforestation, providing a comprehensive overview of the challenges and legal responses in these regions.

Running head: ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
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1ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
Fire is one of the adverse events with the tangible costs of human life and its properties.
The amount of the immediate damages of the wildfire has provided a metrical understanding of
the financial and social impact of fire. It has also assessed the progress in wildfire protection and
prevention.1 Deforestation is converting a forest to the alternative non-forested land use such as
grazing, agriculture or urban development. The Australian Government has developed some
specific guidelines for sustainable forest management practices in the private and public
production and plantation of forests in each state and territory.2 At the national level, this
government has possessed certain powers and duties regarding forest management. All states and
territories have dependent Regulations and Acts that designed to ascertain the sustainable and
conservation management of the forest. There are some legislations, which have jointly
administrated through and required consistency between territories or state and local authorities,
the statutory authorities and some regional management authorities. Territory and state
legislative provisions have covered review and planning, the participation of the public. In
Australia, there are some regulations of the forest management activity in the diverse-use of the
open forest, which are general nature preservation reserves, and to a smaller extent, leasehold
1 UNDP DRC Office, "UNDP DRC's Interventions For Sustaining Peace And Operationalisation
Of Humanitarian-Development-Peace Nexus In The DRC" (2018) 2018(4) Journal of
International Development Cooperation
2 Fortier, Denise and Nicolas Viens, "Leadership Education And Sustainable Development:
Guidelines For Updating The Curriculum" (2018) 7(4) European Journal of Sustainable
Development

2ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
and private woods.3 The Indonesian government has governed two fundamental prerequisites for
the forest and has enforced the forest law. Law no. 32 of Environmental Protection and
Management in Indonesia has described that since the rising of global warming has caused
climate change, thus derange the quality of the environment, environmental management and
protection are needed.4 The legislation of Indonesia in Government Regulation 4/2001 has
forbidden all texture and forest fires. According to this Regulation, the legislation has needed to
recognise the effectiveness in addressing the policy problems that there have several types of
flames and all fires in every situation are not problematic. In the world, there have some fires
which have become out of control in many areas that have supposed to be protected as forests,
that originated at East Kalimantan in the year 1997.5 In the year 2019, during the year’s
Amazonian tropical dry season, a wildfire has happened in the Amazon rainforest within Brazil.
Brazil has enacted its first Forest Code, in the year 1965 about the law requiring the owners of
the land, in the Amazon area to maintain around 35-80% of properties, which they have held
under the native vegetation. This Forest Code has expressed the ownership records only 10% of
3 Blazey, Patricia, Managing The Deforestation And Degradation Of Tropical Rainforests
Through Regulation
4 Raharjo, Beni and Nobukazu Nakagoshi, "Stochastic Approach On Forest Fire Spatial
Distribution From Forest Accessibility In Forest Management Units, South Kalimantan Province,
Indonesia" (2014) 05(06) Journal of Environmental Protection
5 See Government Regulation 4/2001

3ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
private land in the Amazon. This paper aims to research on the impact of forest on climate
change and its legal framework in Australia, Indonesia and Brazil.6
The Australian Government has consisted of a federal system and a federal Parliament,
which have enacted national laws. There are two-mainland territory Parliaments and six states
which have adopted the rules for their state or territory. Federal law has always prevailed over
the state and territory law. The state of South Australia and the state of Victoria both have
provided such captivating legislative illustrations of climate change mitigation solutions, which
have related to REDD+ issues. 7The forest fire has directly affected the financial impact such as
damage to homes and other infrastructures in the forest. Apart from the immediate effect on
people and financial losses, fire also has significant consequences on society through indirect
implications. The forest fire can lead to accelerating flood, soil erosion, pollution of water bodies
is the impact on society. Wildfires or bushfires in Australia is an inevitable part of the Australian
ecosystem.8 Australian vegetation, weather and specific topography made it most fire-prone zone
in the world. The risk of bushfires has increased due to the unplanned disturbance, which has
occurred due to power-line fault, controlling burns going out of control, the bushfires have
tended to unavoidable. The most significant bushfires have occurred in South Australia, West
6 Tollefson, Jeff, "Brazil Revisits Forest Code" (2015) 476(7360) Nature
7 McIntyre, Matt, "Forests And Climate Change: The Social Dimensions Of REDD In Latin
America" (2014) 68(5) Australian Journal of International Affairs
8 Soares-Filho, Britaldo, et al. "Cracking Brazil's forest code." (2014) Science 344.6182: 363-
364.

4ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
Australia, Queensland, Victoria, New South Wales and Tasmania. Whenever flammable
bushland is near to the fire vulnerable asset that is infrastructure, people settlements,
environmental values, there is risk having dire consequences of bush fire. In total Australian
bushfire between 1951 and 2013 destroyed 9141 homes and 3662 buildings, the death of 677
people.9 The Victorian Parliament passed the Climate Change Act in September 2010, and it has
come into force on 1st July 2011. 10It has created a legal framework for the crucial actions and has
initiated the response to climate change in the Victoria area. This Act has repealed the Forestry
Rights Act, 1996 and has created new arrangements for registration, ownership, conveys of
forestry and rights of carbon sequestration to facilitate the improvement of emerging industries
relating to carbon sequestration. It has also developed that with national approaches and allowed
Victorians to participate in federal and state sequestration efforts easily.11 The main principal
features of the fresh legal frameworks are; firstly, rights on property of the forest property
owners, landowners and the carbon investors have identified; secondly, all parties to the
agreement must have to give their consent on the management arrangements as an important part
of the scheme to create a Forest and Carbon Management Agreement (FCMA) which has then
placed on the title of the land; thirdly, carbon right is a benefit which has attached to the land
even in the change of the ownership; lastly, the essential benefit for the forest property owners,
private landowners and carbon investigators is that the landowners have possessed the power to
9Dong, Trang TT, et al. "In vitro assessment of the toxicity of bushfire emissions: A
review." (2017) Science of The Total Environment 603: 268-278.
10 See Climate Change Act, (2011)
11 See Forestry Rights Act, (1996)

5ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
sell carbon sequestered on their land directly.12 Part 5 of the Climate Change Act has recognised
the essentiality of sequestered carbon on the general public areas of Victoria and has established
some evident rules according to these, the Crown’s land may have used and managed for
purposes of carbon sequestration. According to this Act, the Government of Victoria has to
maintain its role of stewardship on all forests and public lands by sustainably governing the
forest to maximise the value for the public of Victoria.13 The Department of Sustainability and
Environment secretary (DSE), for the projects regarding carbon sequestration, has specified the
Crown’s land. It has held the carbon rights on the Crown’s property subject to a lease, existing
licenses, and agreements excepts in some specified instances. This Act has given the power to
enter into the CSA’s with the other parties on the Crown land for carbon reforestation and has
granted soil carbon rights and carbon sequestration rights to the strangers. The CSA has the
power to authorise any person to evaluate the Crown plant, land and he has to maintain
vegetation to that land for the intention of carbon analysis for the change of climate and the
forestry legislation with corroboration of REDD+ FAO legal paper 2015 carbon sequestration
control. It also has empowered to exploit carbon sequestration within soil or vegetation and
manage the ground for carbon sequestration.14 It may be mentioned in the context that this Act
12agriculture.gov.au (2018). Criterion 7. [ebook] Available at:
https://www.agriculture.gov.au/sites/default/files/abares/forestsaustralia/documents/sofr_2018/
web%20accessible%20pdfs/SOFR_2018_Criterion7_web.pdf [Accessed 11 Jan. 2020].
13 See part 5 of the Climate Change Act (2011).
14 Köhl, Michael, et al. "Changes in forest production, biomass and carbon: Results from the
2015 UN FAO Global Forest Resource Assessment." Forest Ecology and Management 352

6ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
has enabled the government to interfere with the climate covenants with regions, communities,
industries and other stakeholders giving empowerment to be alternative in response to the
climate change. It has also mentioned that the judges should consider climate change at the time
of making decisions under the Coastal Management Act 1995, the Catchment and Land
Protection Act 1994, the Environment Protection Act 1970, the Water Act 1989 and the Flora
and Fauna Guarantee Act 1988.15161718 19It has amended the Environment Protection Act 1970 to
enable the power of the Environment Protection Authority (EPA) to reduce the greenhouse
gasses 20% by 2020.20
The state of South Australia has enacted an Act in its legal framework regarding
greenhouse gas and its effects on climate, namely, Climate Change and Greenhouse Emission
Reduction Act in the year 200721. This Act has made South Australia as the first province to
adopt the targets for the decrease of toxication of greenhouse gas and has considered the forest as
(2015): 21-34.
15 See. Coastal Management Act (1995)
16 See. the Catchment and Land Protection Act (1994)
17 See. Environment Protection Act (1970)
18 See. Water Act (1989)
19 See. Flora and Fauna Guarantee Act (1988)
20 Romm, Joseph J. Cool Companies: How the Best Businesses Boost Profits and Productivity by
Cutting Greenhouse Gas Emmissions. (Routledge, 2014).
21 Climate Change and Greenhouse Emission Reduction Act (2007)

7ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
the maximum repository of carbon. This legislation has undertaken for actions in the business
and communities to develop, to remit the greenhouse gas toxication, and to accommodate the
climate change. It has included the initiatives of the agreements of climate changes sector and
has drafted the Climate Change Adaptation Framework for the state of South Australia. In this
Act, section 21 has helped to complete the review in the Climate Change and Greenhouse
Emissions Reduction Act 2007. The South Australian government has also explored the
opportunities of benefits from the carbon markets and the improvement of sequestrated carbon. It
has also included the protection of the assets of state forest from the threatening of climate
change. Section 8 of the report has fulfilled the requirements of section 7(2) (h) of this Act,
which has provided the inter governments agreements that relevant to the climate changes
entered into by the government. It has specified that the government of South Australia has
contributed several developments associated with the climate changes that have included the
Commercial Forestry Action Plan 2009-2012 and National Climate Changes and the National
Agriculture and Climate Change Action Plan 2006-2009.22 Concerning the REDD+, the
Department of Environment, Water and Natural Resources (DEWNR) has undertaken the
scientific researches to forecast and evaluate the rates of carbon sequestration from the
sustainable forest crops and re-vegetation planting in average rainfall arid land agricultural
regions in South Australia.23
22 Frusher, Stewart D., et al. "The short history of research in a marine climate change hotspot:
from anecdote to adaptation in south-east Australia." (2014) Reviews in Fish Biology and
Fisheries 24.2: 593-611.
23 "Revegetate And Restore Habitat", Environment.Sa.Gov.Au (Webpage, 2020)
https://www.environment.sa.gov.au/managing-natural-resources/native-vegetation/protecting-

8ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
The Amazon rainforest is one of the largest rainforests in Brazil as well as in the world,
which is at risk of burning out. The rain forest has contributed almost 20% of the oxygen on the
earth, which has been burning for 16 days.24 It has resulted in a significant loss of biodiversity
and trees. This wildfire in the Amazon rainforest has ignited at the highest rate. According to the
researchers, the Brazil Amazon rainforest fire has delivered an enormous blow to the worldwide
fight against climate change.25 The Forest Code does not exist in everywhere across the earth.
The Forest Code is the strict law which should have ensured the protection of Amazon rainforest.
The enforcement of this law has proved little tricky over the years. According to the
environmentalists, maximum forest fire has caused due to the wrongful action of human beings.
For further utilisation of the land, Farmers have used fire to clear that area which may be caused
wildfire for a slight of slightest mistake. The fire has not only affected the biodiversity but also
has released pollutants, including toxic gases such as nitrogen oxides, carbon monoxides, and
non-methane organic compounds in the atmosphere.26 The Brazilian government has enhanced
enhancing/revegetate-restore-habitat
24 Amazon Rainforest, "Rainforest Belongs To Us, Says Brazil's Leader", BBC News (Webpage,
2020) https://www.bbc.com/news/world-latin-america-49815731
25 Evans, Megan C. "Deforestation in Australia: drivers, trends and policy responses."
(2016) Pacific Conservation Biology 22.2: 130-150.
26 Lawrence, Deborah, and Karen Vandecar. "Effects of tropical deforestation on climate and
agriculture." (2015) Nature Climate Change: 5.1 27.

9ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
the legal framework regarding climate change. The inter-ministerial committee on climate
change has approved the Decree n. 6263 in the year 2007 and has formulated a national plan on
the severeness of climate change. This plan has defined measurements and actions which has
anticipated at the strengthening of the climate change subsidence related to REDD+. That decree
has proposed to increase the proficiency of natural resources as well as to reduce the emission
from the land-use change significantly. The fourth objective of the order has sustained the
reduction of rates of deforestation in Brazillian biomass to reach the peak of zero illegal
deforestations. It has aimed to reduce the deforestation around 40% between the year 2006 to
2009, which has related to a decade reference of Amazon Fund. It has also intended to minimise
further 30% in the following four years compared to the previous years. 27The federal
government of Brazil has made a significant effort in this regards in the Amazon zones. The
satellite to monitor the Brazillian Biomass has implemented for the aim to quantify the
deforestation and provided the necessary punishment for illegal deforestation.28 The Forestry
Services in Brazil has given the charge for creating a national forest register for the public to
protect, sustainably manage and preserve the environment of the forest. This register has also
helped to improve the land and territorial organisations, control and monitoring to generate the
incentives for productive activities which has involved the relation of partnership from state
27Forstater, Maya, Smita Nakhooda, and Charlene Watson. "The effectiveness of climate finance:
a review of the Amazon Fund." (2017). London: Overseas Development Institute.
28 Trancoso, Ralph, Edson E. Sano, and Paulo R. Meneses. "The spectral changes of
deforestation in the Brazilian tropical savanna." (2015) Environmental monitoring and
assessment 187.1: 4145.

10ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
bodies, federal governments, civil organisations, city governments and several private sectors.
The Decree n. 6.527 has aimed as its fifth objective to eliminate the gross loss of the forest land
in Brazil in the year 2015 for the preservation of forests which has stipulated in the fourth goal. It
also aimed the area of forest plantation to become double from 5.5 million hectares to the 11
million hectares in the year 2020. The legal framework of Brazil has approved the law relating to
the National Policies on Climate Change (NPCC) in the year 2009. The bill has required that
Brazil has cut the emission of greenhouse gas 38.9% by the year 2020, which has compared to
levels in the year 2005.29 The law n.12.114 has created the national fund regarding climate
change in 2009, which is another major instrument to reduce emissions from all regions. The
policy has published as a federal decree during COP 16 at Cancun. It has regulated the NPCC
and has given information about the way which Brazil has intended to follow to reach its goal by
2020. Currently, the new Code regarding forest has regulated the use of land in protected areas
and woodland. After lengthy controversial proceedings, it has finally repealed the Forest Law
1965. In the new Code, it has launched the registry and full consent mandatory within five years
and its infringement has subjected to credit access refusal and fines. The legal essentiality of
river basin has changed regarding the Permanent Preservation Areas (PPA) which has ranged till
100 meters by the size of the property. The new Code has amended the Executive decree that the
landowners have maintained 80% of the native forests in the Amazon as the legal reserve. The
percentage has dropped to 35% for the properties located in Tropical Savannah and 20% in the
29 Brazil, Lse.Ac.Uk (Webpage, 2020)
http://www.lse.ac.uk/GranthamInstitute/wp-content/uploads/2015/05/BRAZIL.pdf

11ANALYSIS OF CLIMATE CHANGE AND ITS LEGAL FRAMEWORK
other areas. It has directly related to REDD+ law 195/2011 which has aimed to formulate a
national system to reduce emission from forest degradation, deforestation, the sustainable
woodland management, conservation and maintain the highest level of carbon and other
measurements. The bill has aimed to govern REDD+ functions as well as to create a REDD+
system which has allowed the improvement of the sub-national projects and its implementation
into the national strategy.30 The federal law 11.952 has established an essential initiative in the
Legal Land Programme. Through this enactment, the central government in Brazil has aimed to
competency on land regularisations up to 3,00,000 informal professions in the legal public land
on the Amazon. In the application of that regulation has carried out by the Terra Legal
Programme which has its primary objective and the skilful management of the private property
more rapidly.
To recognise the impact of fire more than the fire, the legal framework has constituted
policy problems that, in many circumstances, has become an appropriate tool of land
management implicated for legislation. The Government Resolution 4/2001 of Indonesian law
has forbidden all the land and forest fires. It has focused on the problem of wildfire, and it has to
be disappeared in any circumstances. The legal system in Indonesia has based on Islamic, custom
law and Roman-Dutch law. There is bicameral legislation which has constituted by 560 members
and 136 members of House of People’s Representatives and Regional Representatives
respectively.31 The Indonesian Government has passed very cabalistic rules on the topic of
30 law (Webpage, 2020) https://theredddesk.org/resources/brazil-overview-redd-countries-
database
31 Barlinti, Yeni Salma, "Inheritance Legal System In Indonesia: A Legal Justice For People"
(2014) 3(1) Indonesia Law Review