Johnston Withers has had a long history of helping farmers and other land holders with respect to negotiating and exploring agreement of renewable energy agreements such as agreements for wind turbines, solar farms and other renewable energy projects.

Renewable energy projects can offer financial security for land owners and can be an attractive proposition.  We can assist you in negotiating the terms of any agreements that are being offered to you, based on our experience in negotiating many other agreements for other projects around South Australia, a number of which are now part of South Australia’s energy grid.

Land owners looking at a potential renewable energy projects need to consider the following matters:

  1. Whether they are being offered a project or an option to allow a company to investigate a project.
  2. What rates are being offered for the project during the option term or once the operation commences?
  3. What company is offering to start the project and what is their history?
  4. What safeguards are being proposed in terms of the impact on your farming or other activities, such as:
    • vegetation and weed control;
    • access to the land, noise, fencing or other controls
    • Where the agreement is an option, how long the option is, and what rights they have to renew it.
    • What are the restrictions on you for leasing the land, transferring the land, or otherwise dealing with the land or constructing shed or similar during the period that the option or lease is over the title.

It is important to make sure you get proper legal advice on these issues and to make sure that the agreements are negotiated as fairly as possible.

Johnston Withers can also work with your accountants and financial advisors over any structuring issues that might arise associated with the possible renewable energy project to make any income as tax effective as possible.