ThaiNGO

– Terms of Reference –

Legal Expert to Review

National Carbon and Forestry Policy in Thailand

Consultancy

General Context

PUR is an impact company that regenerates ecosystems within corporate value chains and beyond. We specialize in advancing our clients’ climate strategies, while building resilient supply chains through strong local partnerships. As an industry-leading project developer, PUR has implemented nature-based solutions since 2008 across 30 countries—planting more than 33 million trees through agroforestry, regenerative agriculture, reforestation, forest conservation and marine restoration. We ensure alignment with major global accounting frameworks, informing clients on how to secure concrete impact by accurately measuring the outcomes of field interventions.

Working collaboratively with clients on more than 40 global projects, PUR helps companies address their Scope 3 emissions within their value chains, while increasing the resilience of their farming partners. Our experts estimate, measure and verify carbon sequestration, enabling companies to track progress against their science-based reduction targets, in line with the Paris Agreement. We also support clients willing to contribute beyond their value chain, producing carbon assets available as complementary credits beyond reduction and removal efforts. Our projects also offer many co-benefits beyond carbon sequestration, such as biodiversity enhancement, water preservation, soil fertility and livelihood improvement—allowing clients to make a positive contribution to nature and local communities by investing in ecosystem restoration.

The Project

In Thailand, PUR is currently implement Agroforestry and Restoration projects in Ranong and Chumphon, where more than 90% of green coffee were sourced in Thailand. Apart from enhancing the carbon sequestration mechanism in coffee plantations, agroforestry is also part of the Regenerative Agriculture, the main approach Nescafe conducts with the 4C farmers. Within this initiative, PUR is partnering with smallholder farmers to reforest degraded agricultural land through the promotion of sustainable agroforestry with small-scale farmers in the Ranong and Chumphon Provinces, in Southern Thailand. The production of cash crops (coffee, durian) and food crops is managed mostly by smallholder farmers. Around 60% of producers own less than 5 ha in the project area.

Land tenure plays a crucial role in the implementation of agroforestry projects in Thailand. Currently, smallholder farmers, who are key local partners in these projects, only possess licenses to manage the land rather than full ownership. This situation, coupled with the intricate national carbon frameworks, makes the overall carbon context in Thailand quite complex. It is essential to closely monitor the evolution of the national context to ensure the success of such projects. Given the significant impact of national carbon and forest policies, PUR is seeking legal expertise to navigate these complexities. Therefore, PUR intends to engage technical experts or consultants to review relevant legislation concerning environmental and climate change issues. This review aims to provide a comprehensive understanding of the legal operating environment for carbon projects in Thailand, ensuring that all efforts align with national regulations and policies.

Scope of the consultancy

1. Prepare a Comprehensive Legal Review:

• Conduct an in-depth analysis of land tenure laws and policies in Thailand, with a particular focus on their implications for agriculture, forestry, and land-use sectors.
• Examine the national carbon policy framework, including legislation, regulations, and guidelines relevant to carbon management and emissions reduction in these sectors.
• Identify key legal and regulatory challenges and opportunities for agroforestry and other land-based carbon projects within the Thai legal context.

2.Review Current Land Tenure Documents:

• Assess the existing land tenure documents associated with the project in Thailand to determine their compliance with carbon certification requirements.
• Evaluate both in-setting and offsetting mechanisms to ensure that the land tenure arrangements meet international standards and certification criteria.
• Identify any gaps or issues in the current documentation that might impede the project's carbon certification process.

3.  Provide Recommendations and Legal Opinion:

• Based on the comprehensive legal review, offer clear, actionable recommendations to the PUR team on how to navigate the legal landscape for carbon projects in Thailand.
• Provide a detailed legal opinion on the feasibility and compliance of the current project setup with national and international carbon certification requirements.
• Provide strategic recommendations to improve legal compliance and maximize the project's potential for achieving its carbon  certification requirements.

Deliverable

Requirements:

• Advanced university degree in environmental law, law, international law,;
• At least 10 years of experience in the sector of law/jurisprudence, environmental law, administration or other related field;
• Proven experience in development of legal and regulatory documents and strategic documents;
• Knowledge of climate related political frameworks
• Experience with climate change related projects of international organizations.
• Fluency English is required
• Working Experience in Thailand would be considered as an asset.

Application:

Send your technical and financial proposal at carbon@pur.co and winda.sari@pur.co

Include team composition and references of past similar consulting assignments

We will get back to you very quickly (within a week).