Legislative practices and model clauses

Key considerations

  • Globally, few countries have established coherent legal frameworks to support and develop the production, distribution and storage of hydrogen, including green hydrogen.  This paper provides an overview of the main issues which are required to be addressed within legislative frameworks and recommends best legislative practices to address those issues.
  • To create an environment which encourages and promotes change, governments must establish legal frameworks that attract investment and promote development of the green hydrogen industry.  This will require the formulation of supportive policies and clear and predictable laws that create certainty for investors and communities.  This is particularly the case in the development of the hydrogen industry where large-scale investment is required and projects and concessions may last for decades.
  • Whilst there are a myriad of issues for lawmakers to consider, this paper identifies key issues that governments should focus on when implementing their respective legislative frameworks, including administrative frameworks (e.g. permitting and certification), regulation and enforcement, standards, access to land, renewable energy requirements, access to water, environment and planning issues, access to infrastructure, fiscal regulatory regime and disclosures. 
  • Ultimately, the legislative frameworks will differ from one jurisdiction to the next since certain aspects of hydrogen's lifecycle may already be regulated under existing laws and certain practical considerations that are country-specific may need to be taken into account.  As a result, a comprehensive analysis of existing laws will need to be undertaken before implementing any recommendations in this Paper.