Dan Williams
, Partner at Anderson Lloyd, shares his insights into the forestry law issues currently surrounding practitioners, as well as the fundamentals of ETS. You can hear more from Dan at the upcoming Forestry Law Roundup, Live Online on Wednesday the 9th of March 2022.
What are the key forestry law issues impacting practitioners right now?
The dramatic increase in the price of NZUs in recent times is bringing about swift change to the forestry sector as all participants come to terms with what the implications of this new price environment are for their businesses. Previously, carbon and NZUs were seen as something of a sideshow or minor part of the forestry sector, but we are seeing that it is increasingly being considered to be an integral part of any forestry business and as such, it is important that any practitioners involved in the forestry sector are up to speed with the fundamentals of the ETS and new developments in this space.
Is there a particular change to the ETS that you think may be of particular significance?
It depends – there have been a large number of changes to the ETS in recent times and more are on the way. Some of these may be more important than others depending on the client’s business and how they operate. For me, the introduction of an overall cap on NZU supply and associated price control settings has been the most significant recent change.
What’s one tip you can recommend in terms of best practices or processes you should have in place when advising clients about the legal structures for implementing a carbon forestry project?
There are a number of ways of structuring a carbon project, which will influence the outcomes and the risks of these outcomes not being achieved – therefore it is key to understand what outcomes the client is seeking to achieve from the project, what risks they are willing to take on in terms of achieving these outcomes, and the relative importance of the desired outcomes.
Dan is a Partner with Anderson Lloyd who advises on all aspects of property law, with a particular focus on assisting clients with forestry acquisitions and disposals, mixed-use developments, commercial and industrial leasing and Overseas Investment Act applications. Dan is internationally recognised by top global/national legal directories for his expertise advising on real estate matters, including being named an “Up and Coming” lawyer in Real Estate in the 2020 Chambers and Partners Guide, a ‘Rising Star’ in NZ Lawyer’s inaugural 2020 Rising Stars list, a ‘Notable Practitioner’ in Real Estate in the 2020 edition of Asia law Profiles, and a ‘Rising Star’ in Real Estate and Construction in the 2020 Legal 500 rankings. You can find Dan on LinkedIn
