Natural Capital

Natural Capital

A New Era for Queensland and New South Wales Landholders

New environmental markets are creating significant opportunities for landholders to be rewarded for their stewardship of the land. Carbon farming and biodiversity offset projects can allow you to diversify your income and enhance the natural capital of your property for generations.

These agreements, however, are highly complex and can encumber your land for decades or even in perpetuity. To navigate this new frontier successfully, you need a legal advisor who understands both the land and the law, and who is solely committed to your interests.

At Fox and Thomas, we act exclusively for landholders in natural capital matters. We are your dedicated advocates, ensuring any agreement you enter into is commercially sound, protects your long-term interests, and respects your primary production business.

Our Services for Landholders

We provide specialist legal advice to guide you through every stage of a carbon or biodiversity project, from initial proposal to project registration and credit sales. Our goal is to ensure you enter the arrangement with confidence and clarity.

1. Carbon Farming Projects
Whether through carbon sequestration or avoidance initiatives, we help you navigate the legal complexities of generating Australian Carbon Credit Units (ACCUs) on your property. For example:

• Reviewing and negotiating Carbon Project Agreements with project proponents and service providers.
• Advising on ACCU ownership structures, benefit sharing, and payment terms.
• Structuring agreements to ensure continued use of the land for grazing or other agricultural purposes.
• Navigating permanence obligations and your rights under the Carbon Credits (Carbon Farming Initiative) Act 2011.

2. Biodiversity Offset Projects
We advise landholders who are approached to provide environmental offsets for development projects, ensuring your land is fairly valued and protected.

• Negotiating legally binding mechanisms, including Voluntary Declarations and Nature Refuge Agreements.
• Advising on the valuation of biodiversity credits and securing fair payment structures.
• Establishing clear land management obligations and ensuring they are fully funded by the proponent.
• Navigating state and federal offset requirements under the Environmental Protection and Biodiversity Conservation Act 1999 and the state’s environmental offset framework.
• Protecting your property rights and legacy for the long term.

Our Natural Capital & Agribusiness Team

Our lawyers are grounded in property and agribusiness law. We understand the practicalities of managing a rural enterprise and bring this perspective to every negotiation, ensuring your core business is protected.

Meet the Full Team

Why Landholders Choose Fox Thomas

Exclusive Landholder Focus: We only act for landholders in environmental market projects. Our advice is independent and free from the conflicts that arise from also acting for project developers or credit buyers.

Deep Rural Expertise: We are first and foremost rural property lawyers. We understand your business, your land, and your priorities.

Market Insight: We have a sophisticated understanding of these emerging markets, allowing us to negotiate terms that reflect true value and mitigate long-term risks.

Protecting Your Legacy: We focus on the fine print to ensure your property rights and the operational viability of your business are protected for future generations.

Secure Your Position Today

If you are considering an environmental project or have been approached by a proponent, expert legal advice is essential from the outset.

Contact us for a confidential, no-obligation discussion about the opportunities for your property.