Climate Change & Carbon
Australia’s ongoing transition to a low carbon economy presents business with fresh challenges and major opportunities.
Members of the Optim Legal Climate Change group have been in the vanguard of the global climate change and carbon finance markets, advising governments, financial institutions, and corporations on an extensive range of carbon finance matters from origination through to distribution.
The group has the comprehensive expertise necessary to help our clients manage legal and market risks. Our team is adept at structuring and successfully closing deals. We apply our knowledge to your business to help you meet the challenges and seize the opportunities.
Core Competencies
Business Plan for Carbon
The Carbon Pollution Reduction Scheme (CPRS) will bring about the biggest economic reform since the opening up of Australia’s economy in the 1980’s and 1990’s.
Members of the Optim Climate Change group have advised on matters regarding cross-border climate issues, including carbon trading, the preparation of corporate policies related to climate change issues, determination of climate-change risks, carbon strategies, carbon-footprint and water footprint policies, the disclosure of relevant information to the public, and investment policies related to climate-change issues.
Carbon Trading
The Optim Climate Change group advises clients on emissions trading schemes including applications to emissions reduction projects involving:
- Clean Development Mechanism (CDM) Projects
- Joint Implementation (JI) Projects
- Voluntary Emission Reduction projects.
CDM Projects in China
Members of our Climate Change Group negotiated and executed the first equity joint venture between a European Union Member State and a Chinese government body to develop three CDM projects in China.
Emissions Trading Documentation
We have developed standard form confirmations for use by carbon trading desks for all secondary trades of CERs. These template confirmations were prepared for EFET, ISDA and IETA. Related advice was provided in relation to assessing particular risks facing the secondary CER market such as Article 17 eligibility and ITL issues. We provide ongoing support regarding the negotiation of these confirmations on a transaction by transaction basis.
European Union Emissions Trading
We have assisted several leading carbon funds and financiers in relation to the development of preferred form IETA and ISDA schedules for trading emissions, including drafting guidance notes for use internally and providing general training on the operation of those agreements.
National Greenhouse & Energy Reporting Scheme (NGER)
The National Greenhouse and Energy Reporting ACT 2007 (Cth) establishes a national framework for Australian corporations to report greenhouse gas emissions, reductions, removals and offsets, and energy consumption and production.
The Optim Legal Climate Change group advises clients on their position in relation to mandatory reporting for corporate groups and triggers of ‘facility-level’ thresholds.
