Carbon

Strategic advice for navigating the complexities of the carbon market

Whether you’re established in the carbon market, refining your offset procurement strategy, or just beginning to explore project and investment opportunities, McCullough Robertson’s carbon team provides tailored legal advice grounded in deep industry knowledge.

With over a decade of active involvement in the carbon sector, including our pioneering investment in Natural Carbon in 2014, we have established ourselves as leaders in shaping best practice legal and commercial approaches for this rapidly evolving industry.

Comprehensive services across the carbon market

Our expertise spans the entire lifecycle of carbon projects and investments. We advise government authorities, project developers, and landowners on:

carbon project acquisition and development, as well as all associated due diligence;
Foreign Investment Review Board (FIRB) requirements concerning the establishment of carbon projects;
commercial arrangements, including offtake agreements, funding agreements, and carbon marketing agreements;
Environmental, social and governance (ESG) specific disclosures and reporting;
corporate and M&A advice on proposed takeovers and mergers;
regulatory requirements for participating in the Australian carbon market, including in relation to Australian Financial Services Licence (AFSLs);
project approvals and compliance, including Eligible Interest Holder (EIH) consent negotiations, and Free Prior and Informed Consent (FPIC);
Safeguard Mechanism rules and reforms;
National Greenhouse and Energy Reporting (NGER) requirements;
taxation, including stamp duty; and
land lease tenure arrangements, development agreements, and facilitation agreements.

A trusted partner with industry connections

With extensive experience working with government authorities, including the Clean Energy Regulator, service providers, and landowners, we offer our clients unmatched value acting as a conduit between corporates and reputable service providers to strengthen your investment strategies and opportunities to trade in the carbon market.

Staying ahead in a dynamic and complex sector

As the carbon market grows in complexity, driven by technological innovation, social interest, and evolving regulation, our team is uniquely positioned to help you navigate the challenges and seize the opportunities. We provide pragmatic, commercially focused advice to ensure your investments are both compliant and strategically aligned with your business goals.