Legal Disclaimer
The document/s provided are current as at 30 May 2018.
The document/s are made available for use on the following basis:
This disclaimer: This disclaimer sets out important notices that should be reviewed by all users prior to using any document made available to the user, or any information contained therein, for any purpose.
Purpose: The document/s are provided for use by community solar organisations authorised by Australian Energy Foundation to access the document/s in accordance with all guidance materials available in, or in relation to, the document/s. Any person or entity that is considering entering into an agreement with a community solar organisation that is based on any of the document/s should seek prior independent legal advice.
Amendments: Amendments to any template general conditions in the document/s should only be made in accordance with independent legal advice. If any amendment is made to any template general condition in the document/s, other than by Corrs Chambers Westgarth, all references to Corrs Chambers Westgarth must be removed from the document/s.
No reliance or warranty: No person or entity, regardless of their involvement in the production or publication of any of the document/s, makes any warranty or representation that the information in any of the document/s is accurate, reliable, complete or current, or that it is suitable for any particular purposes. You should verify the accuracy, completeness, reliability and suitability of the document/s for any use to which you intend to put the document/s, and seek independent legal advice before using the document/s, or any information contained therein.
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Legal Documents
These legal templates, developed by Corrs Chambers Westgarth Lawyers and Kingfisher Law for the Community Solar Toolkit, are freely available to community solar organisations to help get community solar projects off the ground.
There are two types of documents available: investment project information documents and host site agreement templates.
All documents are available to download by clicking the link.
Investment project information documents
The purpose of these documents is to provide information about a community solar project to potential investors. These documents have been prepared for community solar organisations structured as co-operatives or special purpose vehicles.
Disclosure statement:: The disclosure statement provides information about a community solar organisation structured as a co-operative. The purpose of the disclosure statement is to enable a potential member to understand the financial requirements and liability of membership as well as members’ rights and responsibilities, prior to becoming a member.
Share offer document: The share offer document explains the specifics of a proposed project to members of the co-operative.
Offer memorandum: The offer memorandum provides documentation of the share offer for community solar organisations structured as a Special Purpose Vehicle (SPV).
How to use the co-op documents
Host site agreement templates
The purpose of these templates is for a community solar organisation to establish an agreement with the host site for a community solar project. The agreements cover the rights and responsibilities of each party in regards to ownership and maintenance of the equipment, financing details and repayments, and what happens with the equipment at the conclusion of the project. These documents have been prepared by Corrs Chambers Westgarth and are intended for community solar organisations regardless of their organisational structure.
Choosing a model to fit your project
The agreements have been developed to align with four project models:
- Solar Equipment Lease
- Power Purchase Agreement (Customer is a tenant of the site)
- Power Purchase Agreement (Customer owns the site)
- Finance (Customer owns or is a tenant of the site)
Use this flowchart to determine which model best fits your project.
Learn more about the project models and legal templates
How to use the documents
The documents have been prepared as customisable templates for the use of community solar organisations. Each agreement template includes guidance notes that specify how to customise the documents using included optional clauses.
While in many cases these documents will be ready to use without further legal advice, groups using the templates are encouraged to seek legal advice if their projects differ from the project models, or if they wish.
Legal agreement templates available
Kobe Creations