Dr WASHER (Moore) (11:56): I move opposition amendment (1): (1) Clause 5, page 14 (after line 2), after the definition of Kyoto unit, insert: land, in relation to an eligible interest in an area of land, includes the surface and the subsurface of the land. In his letter to Senator Mathias Cormann, the Hon. Norman Moore MLC, Minister for Mines and Petroleum in Western Australia, stated: One of the issues is that the draft CFI legislation does not indicate whether the scheme will affect subsurface rights or how any implications are to be managed if they were to occur. Accordingly, to avoid the scheme impacting on petroleum tenements the state requests that protection of subsurface rights and access to these interests be guaranteed in the legislation. In addressing subsurface rights it is important to make clear that subsurface rights are protected in the bill, particularly to avoid negative impacts on the petroleum tenements. Item (1) of the amendment addresses the subsurface rights issue by expanding the definition of 'eligible rights in land' to include 'subsurface interests in the land'.