FORESTRY & CLIMATE CHANGE
We provide legal services across forestry, land based investments and climate change regulation, including the Emissions Trading Scheme (ETS) and voluntary carbon markets. This work commonly relates to forestry owners, investors and landholders considering or participating in the ETS or voluntary carbon markets.
CLIMATE CHANGE & CARBON MARKETS
- Advising on all aspects of the Emissions Trading Scheme (ETS) as it applies to forestry and land‑based projects, including:
- 1. participant obligations under the ETS
- 2. land ownership changes and transfer of participation
- 3. deforestation and surrender obligations
- 4. the treatment of pre 1990 and post 1989 forest land
- 5. land use capability (LUC) class restrictions and eligibility for ETS registration
- Advising forestry owners and investors on participation in voluntary carbon markets
- Drafting and advising on carbon credit trading and related contractual arrangements
- Advising on regulatory change affecting ETS and carbon markets, including legislative and policy updates
LEASES, FORESTRY RIGHTS & CROWN FORESTRY LICENCES
- Advising existing and prospective participants in the ETS and voluntary carbon markets on appropriate land-based arrangements
- Due diligence review of existing forestry and land use arrangements
- Advising on, drafting and negotiating leases, forestry rights and Crown Forestry Licences, and related land-based arrangements for ETS and carbon projects
- Advising on amendments, variations and transfers
FOREST INVESTMENTS & SALES
- Buying and selling interests in land, forestry assets and forestry related businesses
- Advising on forestry rights, leases and Crown Forestry Licences
- Advising on Overseas Investment Office (OIO) consent requirements where relevant
- Legal due diligence on forestry assets and land based investments
COMMERCIAL & FORESTRY CONTRACTS
- Drafting, negotiating and advising on forestry and commercial contracts, including:
- 1. forest and property management agreements
- 2. harvesting, cartage and marketing agreements
- 3. stumpage and forest produce sale agreements
- Advising on long-term operational and supply arrangements
Key contact – Craig Nelson