Environmental advice in M&A - getting due diligence right

I had the pleasure of addressing fellow practitioners today at a Legalwise Seminar on the topic of Environmental due diligence in corporate and project transactions.

Environmental lawyers are frequently called upon to assist with due diligence projects, but the law and risk landscape for environmental liability in Australia is fast-changing and complex. I loved sharing my insight and practical perspective on the key issues that are emerging in transactions.

My presentation provides a conceptual framework for tackling legal due diligence projects, including some of the key considerations on which to seek initial instructions, such as briefing environmental consultants.

Forewarned is forearmed. Knowledge is power.

Key trends and complex issues

Key trends include continued M&A in the renewables and waste sector, including resource recovery and energy from waste.

There is a greater need and willingness of practitioners to focus on a triple bottom line approach, and ensure that clients get the best possible advice by engaging expert environmental consultants to advise on risks.

UPSS/USTs remain a complex area, both as a potential source for compliance risk and contamination risk and also frequently due to complex arrangements of ownership and management of assets. Grid connections and transmission corridors remain a big consideration in solar and wind generation development, and can lead to complex approvals dd being necessary over large areas of land. Other land-related issues include questions of concurrent mining or exploration titles over generation sites and how to reconcile competing interests. NGER compliance is one to watch, in the context of market consolidations and aggregation of emissions and energy data in the group structure post-acquisition.

Need help?

If you or your firm or a client needs assistance with due diligence, please contact me and I can provide support on your deal. Please refer to my service model for some of the options for on-boarding me into your advisory team.

The detail

To download an abridged version of the presentation click on the image below.

Happy reading!


This presentation and Environment Express bulletins are intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive nor does it constitute legal advice. Whilst attempts have been made to ensure that the content is current, Guthrie Legal does not guarantee its currency. You should always seek legal or other professional advice on specific cases and before acting or relying on any of the content.