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.
Option 1 (as defined in Owen’s Clause)
Native Trees means those species of trees that are native to the United Kingdom since the last ice age and listed as such on the Forestry Commission Website.
Option 2 (non-country specific)
Native Trees means those species of trees which, since the last ice age, have grown in the geographic area now called the [United Kingdom] and which are listed as native on the [Forestry Commission Website].
Option 3 (non-country specific)
Native Trees means trees which are indigenous to [specify region or jurisdiction], naturally occurring, and not having been introduced directly or indirectly through the actions of humans.
Native trees are beneficial to the survival of other native species (i.e. insects and vertebrates). Providing new native tree habitats and/ or corridors may improve the climate resilience of those species.
So-called “productive woodlands” that are managed for timber often use non endemic/ non-native species.
Section 14 of the Wildlife and Countryside Act 1981 includes the concept of native range in defining when a new species is introduced in the UK. It also includes a list of non-native species at Schedule 9.
Options 2 and 3 provide alternative definitions for use in agreements in other jurisdictions or regions.
Woodland or forest creation schemes and agreements, agricultural policy greening schemes and supply chain agreements, planning documentation.
Used in Edgar’s Clause [Landscaping clauses for contracts] and Toby’s Clause [Avoidance of excessive paperwork in Dispute Resolution].