Glossary entry

Declared Carbon Capacity (of Woodland)

Disclaimer - please read

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.

The definitions on this website (and published in our Climate Contract Playbook) are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the definitions will achieve the relevant climate goal or any other outcome.

This website (and the Climate Contract Playbook) does not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and does not contain legal or financial advice. The definitions are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.

While care has been taken in the drafting of these definitions, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these definitions or any other person. Users should use their own professional judgement in the application of these definitions to any particular circumstance or jurisdiction or seek independent legal advice.

At present, all the definitions are based on the laws of England and Wales. We encourage the conversion of these precedent definitions for use in other jurisdictions.

Definitions

Contracts definition

Declared Carbon Capacity means the estimated amount of carbon measured in tonnes of Carbon Dioxide Equivalent per hectare (tCO2e/ha) or metric tonnes per year (MtC/year) that can be stored by [the woodland area edged in red in Annex [x] to this agreement] and verified in accordance with [the Woodland Carbon Code/ other verification standard].

Model laws definition (as defined in Owen’s Law)

Declared Carbon Capacity means, in relation to an accredited Tree-Planting-Incentive (TPI) woodland, the maximum amount of carbon that woodland can capture in one year as determined by using the Woodland Carbon Code Calculation Spreadsheet, measured in tonnes of carbon per annum.

Drafting notes

You may wish to specify that the woodland comprises Native Trees owing to the additional benefits to biodiversity, and hence climate resilience, that this entails.

See also TCLP’s definition of Carbon Offsetting and Carbon Insetting, which may also be relevant. 

This definition references the Woodland Carbon Code (see References below), which is the UK’s voluntary carbon standard for woodland creation projects. Woodland or forestry creation projects, agreements for the sale of carbon credits generated from woodland in other jurisdictions, should reference any similar national guidance or used voluntary standards such as the:

Application

Emission reduction purchase agreements (ERPAs), woodland or forestry creation  agreements, model laws for woodland or forestry creation schemes, planning documentation.