Ilona Millar is a special counsel in the Environmental Markets team at Baker McKenzie, Sydney. Ilona is an environmental and projects lawyer with a diverse range of experience in domestic and international climate change, carbon markets, environmental law and policy, and a strong background in all aspects of water management, planning and projects. She joined the Firm in 2008 from the Foundation for International Environmental Law and Development, and International Institute for Environment and Development, in London. Ilona regularly writes, teaches and presents on environmental topics — she has lectured on environmental law, environmental markets and international climate change law at UNSW, Sydney University and University College London and for the past six years has co-coordinated the international climate change law course at ANU where she is a visiting fellow at the College of Law. Ilona's extensive pro bono work includes advising a number of developing country governments and non-government organizations on international climate change negotiations, and advising the Wentworth Group of Concerned Scientists on water and natural resource management law. She is listed among the best lawyers for Climate Change by Best Lawyers Australia 2016.
Ilona's particular focus is advising on the legal aspects of international and domestic climate change policy, carbon markets and emissions trading, including drafting emissions reduction purchase agreements for CDM projects. She has recently advised on legal and policy issues associated with the Australian Carbon Price Mechanism, Emission Reduction Fund and Safeguards Mechanism as well as a number of international matters related to REDD+ and CCS. Ilona also advises on environmental approvals at the federal and state levels and all aspects of water management and planning.
Representative Legal Matters
- Advised the Australian Department of Climate Change and Energy Efficiency on various emissions trading legal and design issues in relation to the carbon price mechanism under the previous Clean Energy Act, the Carbon Farming Initiative, the draft Carbon Pollution Reduction Scheme Bills and the National Greenhouse and Energy Reporting Scheme legislation.
- Advised major corporations on reporting and compliance requirements under the National Greenhouse and Energy Reporting Scheme and various iterations of Federal climate change laws including the Carbon Price Mechanism, the Emissions Reduction Fund and the Safeguards Mechanism.
- Drafted market standard and template emissions trading contracts and documentation including emission reduction purchase agreements for sale of carbon credits from CDM and JI projects, the EU ETS, the NSW GGAS and other domestic schemes, as well as reviewing more complex ISDA master and confirmation agreements.
- Advised on domestic legal frameworks that regulate all aspects of the CCS project cycle across a number of jurisdictions in Australia and overseas, including drafting the global CCS law and policy foundation report for the Global CCS Institute.
- Advised on project structuring and drafting transactional documents for carbon forestry projects in Australia and projects to reduce emissions from deforestation and forest degradation (REDD) in Indonesia, PNG, Malaysia and the Congo.
- Under the Australian Government's International Forest Carbon Initiative, working with the Cambridge Centre for Climate Change Mitigation Research to provide assistance to the Unit Kerja Presiden Bidang Pengawasan dan Pengendalian Pembangunan (President’s Delivery Unit for Development and Monitoring Oversight, or UKP4) in relation to developing a national Road Map for REDD+ focusing on the development of legislative frameworks for REDD+, the legal rights to carbon and non-carbon benefits, benefit sharing, and conflict resolution.
- Carried out capacity building workshops and training for Small Island States and Least Developed Countries on international climate change law and negotiations.
- Acted on the NSW Government's A$5.3 billion energy reform arrangements, including the sale of electricity retail businesses, gas retailers, development sites and generation trading arrangements. Work included reviewing licences and authorisations, preparing due diligence reports, providing advice on specific environmental, water, contaminated land and green scheme aspects of the transaction and drafting of terms of sale agreements.
- Advised WaterNSW (formerly State Water) on issues related to interstate water trading and pricing, infrastructure activities pursuant to government funding programmes, environmental incidents and overall environmental and water compliance matters.
Professional Associations and Memberships
- National Environmental Law Association
- World Conservation Union
- Commission on Environmental Law
- New South Wales~Australia (2000)
- University of Sydney (LL.M.) (2003)
- Murdoch University (B.A. Honors) (1999)
- University of Western Australia (LL.B.) (1997)
Co-author, international climate law chapters of the Max Plank Encyclopeadia of International Law, 2011
Co-author, "Enhanced Governance and Dispute Resolution for the CDM," Carbon and Climate Change Law Review, 2009
Author, "Developing a strategy for managing climate change impacts on water resources," Impact – A National Journal on Environmental Law, December 2008
Co-author of report to European Commission on "Analysing the legal and organisational issues arising from linking the EU-ETS to other trading schemes," FIELD, IEEP, WRI, 2008
Co-author, “Climate Change and Adaptation in the Context of Transboundary Watercourses: A Case Study in the Niger River Basin,” FIELD, IIED & M Niasse, 2008