Clause Maintenance: Environment Act 2021

Clause Maintenance Update

TCLP’s editors have reviewed 15 existing clauses to ensure that they track against emerging law and align with our Net zero drafting definitions and sample wording. This update ensures that the clauses are consistent with the Environment Act 2021.

Updated Clauses

Gordon’s Due Diligence Questionnaire: A capital markets focused due diligence questionnaire requiring the company to provide information regarding its impact on and considerations of climate change issues.

Arlo’s Clause: A clause that builds ESG considerations into a company’s articles of association.

Rowen’s Clause: A Self-Assessment Questionnaire for supply chain contracts to make businesses aware of adverse environmental impacts relating to land use within their supply chain.

Runa’s Clause: Clauses to redress the balance in the food chain by promoting fairness for the producer whilst supporting the customer to ensure produce is not wasted throughout the supply chain.

Eric’s Clause: Repurposes employee leave periods as opportunities to volunteer with environmental organisations by integrating climate-conscious employer-employee obligations into employment contracts.

Anna’s Clause: A generic reporting/disclosure clause that can be included in the Loan Market Association (LMA) information and undertakings provisions of any corporate loan and is not limited to ‘green’ loans.

Francis’ Clause: Contractual obligations in respect of the usage of materials and waste management to ensure consequential GHGs are minimised.

Orli’s Clause: A conservation covenant between a landowner or leaseholder and a ‘Responsible Body’ to secure the long-term preservation and enhancement of soil on privately owned, non-agricultural land.

William’s Clause: Heads of terms between two or more landowners for a comprehensive collaboration agreement in which they can designate land for entry into a publicly-funded environmental scheme or a private project.

Georgie’s Clause: A clause to incentivise rural and agricultural tenants to reduce their greenhouse gases, promote carbon sequestration and encourage rewilding and biodiversity.

Edgar’s Clause: A clause to insert into landscape architect appointments or building contracts requiring the appointee to utilise the available open space in an environmentally efficient manner.

Rosie’s Clause: Require landlords to act reasonably when tenants propose alterations to their premises (and associated changes of use) or improvements to common areas, which have a positive climate impact.

Toryn’s Clause: Green assured shorthold tenancy clauses to give tenants a modest rental rebate for ‘green’ household management and give landlords the ability to invest in renewable energy installations while their rentals are occupied.

Emma’s Clause: Drafting for leasehold agreements that impose obligations on buyers and tenants to use the property in an environmentally conscious way.

Aatmay’s Clause: Sustainable and circular economy provisions for the repair, alteration, yielding up and decoration covenants in a lease, which encourage landlords and tenants to re-use goods and materials.