Moreland Community Solar
Scope of Legal assistance required for the establishment and operation of Moreland
Community Solar
Moreland Community Solar has been established based on a social enterprise model that relies on
the use of volunteer management operatives and pro bono support wherever possible.
The establishment and management of the co-operative requires the consideration of legal matters
and establishment of legal instruments that support its commercial arrangements.
Purpose
This document has been developed to explain the range of legal tasks and questions that Moreland
Community Solar is seeking assistance and advice. This document will be used to help secure the
participation of suitably experienced legal advisor(s). The document will be used;
1. To provide to board members with a summary to approach their personal leads
2. To advertise in Pro bono Australia and
3. To provide to Justice Connect for feedback or referral
About MC Solar
Vision: To develop a community body to initiate and own solar electricity generation which deliver
multiple benefits to local people including clean energy, modest financial returns, and an avenue for
collective action.
Moreland Community Solar is a social enterprise that will develop medium-scale solar photovoltaic
arrays in the Moreland community. Project capital costs will be funded by community investors
using a co-operative structure.
By using currently available renewable energy technologies, the project provides an opportunity for
the broader community to become stakeholders in renewable energy.
The Moreland Community Solar project aims to:
 Reduce greenhouse emissions
 Provide an opportunity for community investment in and ownership of solar energy
 Demonstrates a model that supports further community investment in renewable projects
across Moreland and beyond
 Increase community awareness and acceptance of the viability of solar compared to
traditional generation
Moreland Community Solar is being assisted by the Moreland Energy Foundation to assist with startup and initial establishment costs. In addition volunteers provide support for Moreland Community
Solar’s establishment and operation.
In the first year of operation the co-operative intends to establish policies, processes and procedures
that will enable it to implement many solar projects over the coming years. By the end of year 1 it
intends to have two projects fully committed and funded.
Legal advice sought
The co-operative is seeking pro bono legal support to assist in the following areas. The co-operative
would welcome legal assistance to undertake some or all of the following tasks.
1. Director advice - Providing general advice and references to the board about the board’s roles
and responsibilities including advice on how to manage their personal risks and exposure and
the implications of National Co-operatives Law.
2. Insurance advice - Overview and provide advice in directors and officers insurance relating to the
coverage and residual risks to the board and Moreland Community Solar.
3. Electricity retailers licence – Confirm our assessment of exemption eligibility of the co-operative
under SECTION 17 of the Electricity Industry Act 2000 (No. S 73 - 1 May 2002) What does the
exemption rely upon and what are the actions that the co-operative should take to ensure that it
doesn’t breach these principles.
4. Financial Services Licence - Confirm our assessment of exemption eligibility of the co-operative
under Australian Securities & Investments Commission Regulatory Guide 36. What does the
exemption rely upon and what are the actions that the co-operative should take to ensure that it
doesn’t breach these principles.
5. Contracts - Assistance to draft or review contracts required to conduct the business of
Moreland Community Solar
a. Review and recommend any required modifications for Power Purchase Contracts
between the Co-operative and the solar system host (draft contracts are currently in
development based on similar contracts used by similar organisations). The terms of the
relationship between the roof top host and the co-operative will be governed by a
Power Purchase Agreement (PPA). Amongst other things it will include details governing
the sale of electricity generated by the solar panels, conditions related to hosting the
location of the panels and the terms by which ownership of the panels will transfer from
the co-operative to the roof top host.
b. Assist with drafting of shareholder offers/prospectus, applications and agreements to
document all terms and conditions (draft documents are currently in development
based on similar contracts used by similar organisations)
c. Review and recommend any required modifications Solar system purchase and
installation contracts for the purchase and installation of solar systems panels and
related infrastructure.
d. Review and recommend any required modifications Equipment maintenance and
warranty agreements. Solar panels also require maintenance to ensure that they
continue to operate reliably and efficiently. The co-operative will enter into
maintenance and or extended warranty agreements with appropriate organisations to
ensure that the panels are properly maintained.
6. Governance - Advice on the development of appropriate governance documents including
delegation instruments and the co-operative’s risk register.
7. Provide advice to the board from time to time related to the influence of National Co-operatives
Law, contractual disputes and or legal disputes with co-operative members or third parties