Sustainable enterprises Recent matters

Sustainable enterprises

Recent matters

Carbon funds
Our lawyers advised a leading international project developer on proposals to set up a carbon fund based on clean development mechanism (CDM) projects in Asia. We have also advised leading international project developers and consultants on CDM project development agreements for use around Asia. Additionally our team have advised international project developers and sellers on disputes with buyers over differences on CDM project registration and pricing issues. This has included advising on available dispute resolution options.

Greenhouse Gas Abatement Rules
Our lawyers advised and assisted the New South Wales Ministry of Energy and Utilities in the drafting of the new Greenhouse Gas Abatement Rules under the amended NSW Electricity Supply Act. The NSW scheme is Australia’s first detailed legislative, market-based response to the as yet unratified Kyoto Protocol. The NSW Greenhouse Gas Abatement Scheme is widely acknowledged as one of the first and most successful trading schemes in the world.

Electronic trading platform for certified emission reductions
We developed and drafted the rules and associated documents for the first electronic trading platform for certified emission reductions (CERs) based in Asia. The platform facilitates the trade of CERs over the internet by matching CER sellers and buyers in the international carbon market.

Industry standard hedging documentation and renewable energy certificate (REC) transactions
Our lawyers prepared the industry standard hedging documentation under which renewable energy certificates (RECs) are traded. The documentation forms part of the Australian OTC Guide. Our experience in drafting the hedging documentation has led us to act for a range of clients in their trading of RECs.

Renewable Energy Equity Program (REEF)
We acted for the Australian Department of Industry, Tourism and Resources in delivering the Renewable Energy Equity Program (REEF). This involved the setting up and continuing management of the REEF venture capital fund. The purpose of the REEF venture capital fund was to stimulate activity through direct investment in the field of renewable energy. The successful delivery of this program depended upon negotiations with Australian government stakeholders (including the Australian Greenhouse Office), venture capital managers and private equity investors.

Babcock & Brown - Global Wind Partners
Our lawyers advised Babcock & Brown in relation to Global Wind Partners (50% owned by Babcock & Brown) on their purchase of six wind farms in Spain from Gamesea Energia S.A.U. We also acted for Babcock & Brown Pty Ltd and National Power Partners LP, the sponsors on the construction of the first stage of a wind farm in South East Australia with a capacity of up to 80.5MW. We were then involved on stage two of the project for an additional 128 MW.

Wind Farms, South Australia
We acted for the syndicate of banks project financing the development of Hydro Tasmania and EHN Oceania’s 66MW Cathedral Rocks wind farm on the Eyre Peninsula in South Australia. Our lawyers also acted for International Power in developing the Canunda Wind Farm, a 20 tower project-financed power station in South Australia.

A$126 million IPO Viridis Clean Energy
Our lawyers advised on the A$126 million IPO of Viridis Clean Energy Group, an infrastructure fund which holds clean energy assets, largely wind farms.

Wind farms - China and India
Our team advised an international project developer on the application and operation of the CDM and the legal and regulatory framework for a rolling wind farm program in China. We are also preparing a suite of development and procurement contracts for a wind turbine manufacturer for its operation in India and advising on the split contractual structure to comply with local tax and licensing regulations.

Woolnorth wind farm
Our lawyers acted for the syndicate of banks project financing of the Woolnorth Wind Farm in Tasmania.

EDL - biomass projects
We advised EDL on legal, regulatory, environment, real property and financing issues associated with the refinancing of its landfill methane and coal seam methane projects.

Biomass co-generation power stations NSW
Our lawyers advised the financiers in connection with the $143 million development and financing of two 30MW biomass (bagasse, cane trash and wood waste fired) co-generation power stations in NSW. We are also assisting an Australian project developer with a proposed program of 11 biomass plants in Guangxi Province, China, including the implementation of the program as a CDM project.

Government of Laos - Nam Thuen 2 Hydro Project
Our team advised on and negotiated the environmental and social conditions for this major new hydro dam, power station and transmission line development in Laos. These conditions will govern the project for the next 30 years and were developed in conjunction with World Bank requirements. This involved drawing on our team’s expertise in Asian environmental laws.

Run of the river hydro project, Vietnam
Our lawyers advised the developer on CDM project issues and the preparation of the emissions reduction purchasing agreement and associated documents.

Hydro project, Philippines
Our lawyers advised an international consultant based in Hong Kong on the viability of implementing a hydro project in the Philippines as a CDM project.

Googong Dam Mini-Hydro project
We are acting for the Australian Capital Territory’s electricity, water and sewerage retailer - ACTEW in connection with a proposed 500MW mini-hydro electric power station at Googong Dam in southern New South Wales.

Geothermal district heating project
Our team are assisting a major European company in the structuring, regulatory and compliance issues in connection with its investment in a geothermal district heating project being considered for implementation as a CDM project in Northwest China.

ADVISORY WORK

PROJECT BASED WORK - Wind Farms

PROJECT BASED WORK - Biomass

PROJECT BASED WORK - Hydro

PROJECT BASED WORK - Geothermal