Glossary entry

Climate Professional

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The definitions on this website (and published in our Climate Contract Playbook) have been prepared in good faith on a pro bono basis and are free to download and use. The definitions have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.

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Definitions

Climate Professional

Climate Professional means an [appropriately qualified] [environmental, sustainability consultant/ net zero consultant / analyst/ [environmental or sustainability][or climate] scholar / [environmental or sustainability][or climate] scientist] who has the fundamental skills and experience to diligently, competently
and professionally, [perform the [environmental and/or sustainability][and/or climate] consultancy services / develop, create and implement structures and systems to achieve and measure Net Zero Targets / design the environmental and/or sustainability targets of the project / assess the [environmental and/or
sustainability] [and/or climate] related risks of the project][, monitor compliance with the environmental and/or sustainability targets connected with the project], in accordance with this agreement.

Drafting notes

Parties may wish to specify what amounts to appropriately qualified. If so, the definition should be amended to specify the necessary professional qualification or certification. For example, in Australia and New Zealand, the Certified Environmental Practitioner Scheme (CEnvP) scheme assesses environmental professionals’ training, experience, professional conduct and ethical behaviour, and provides industry-wide certification.

Select the appropriate type of professional and type of services to be provided by the Climate Professional for your agreement. The definition of environmental or sustainability consultant, environmental or sustainability services etc is considered to be wide enough to capture carbon consultants, climate consultancy services etc but in certain contexts, parties may wish to specify climate change expertise so these options are included.

Alternative name/term for Climate Professional: “Environmental and Sustainability Consultant” or “Net Zero Consultant”.

Consider whether the Climate Professional is jointly appointed by the parties to the agreement, or whether this is the responsibility of a single party to the agreement. Consider which party is most appropriate party to appoint the Climate Professional.

Consider which party will bear the costs of the appointment of the Climate Professional (or whether these costs are shared). There are a number of issues (such as professional indemnity (PI) cover or who will be able to rely on the Climate Professional’s work) that should be considered when appointing [environmental] consultants. Speak to environmental law colleagues for specific advice.

Application

When appointing a consultant to undertake climate and sustainability-related services (i.e. implementing a net zero strategy or assessing the climate risks/ opportunities of a prospective project or transaction). When assessing compliance with environment and sustainability-related activities (e.g. during the life of a climate-related project).