Company directors could be held liable and fined over unforeseen nature-related impacts and risks

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Failure to identify commercial risks could constitute a breach of duty of care and diligence, according to new legal opinion

The EU’s decision to ban imports of beef linked to land-clearing is an example of a nature-related risk for companies selling beef, who could lose access to a whole market.The EU’s decision to ban imports of beef linked to land-clearing is an example of a nature-related risk for companies selling beef, who could lose access to a whole market.

An example of nature-related risk is the European Union’s decision to require companies not to import beef produced on land that has been deforested. That then poses a risk that companies selling beef linked to deforestation could lose access to a whole market. Pollination is a climate change and nature investment and advisory firm, whose chief executive, Martijn Wilder, is also the chair of the federal government’s National Reconstruction Fund.

“The key message for directors of Australian companies is it’s important they take steps to satisfy themselves now that they’ve thought about the relevance of nature-related risk and opportunities to their companies,” Pollination director Laura Waterford said.It comes after the taskforce on nature-related financial disclosures recently released a global framework aimed at ensuring that nature is considered alongside other types of risks.

Wilder said the original Hutley opinion had been “hugely influential” in convincing corporate leaders to take climate change seriously. Estelle Parker, the executive manager of the Responsible Investment Association Australasia, said investor interest in nature had “skyrocketed” in recent years.

 

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