Mining

Mining

At the core of the mining industry

Innovative joint ventures, greenfield acquisitions/developments and industry funded rail and coal export terminals - we’re doing tonnes of work in the mining sector.

With a track-record in operating and expanding mines and downstream infrastructure, funding growth, doing deals and navigating complex regulatory and foreign investment regimes, no matter what the commodity, the King & Wood Mallesons team is across the issues at the core of the mining industry.

Our legal advice has been critical to some of the mining industry’s most significant transactions, capital raisings and joint venture agreements. 

The areas we advise on include:

  • Mergers and acquisitions, due diligence, farm-in and joint venture arrangements
  • Government agreements and negotiations
  • Commodity sales, off-take arrangements, shipping and letters of credit
  • Competition and infrastructure access issues
  • Native title and cultural heritage
  • Project approvals, environment and planning
  • Tax compliance and structuring issues
  • Dispute resolution (including international arbitrations)
  • Employment and industrial relations
  • Carbon and greenhouse gas issues
  • Health, safety and environment incidents
  • Engineering and construction law.

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Our experience includes advising some of the largest names in mining, such as :

  • CNOOC (China National Offshore Oil Corporation) – a joint venture with Altona Energy to develop a coal mine and coal-to-liquids project at Arckaringa in South Australia
  • CITIC on the sale of coal exploration permits to Macarthur Coal, including the coal supply agreement and Foreign Investment Review Board (FIRB) application
  • Glencore Xstrata on its Australian and international coal mines, including on the recent acquisition of Rio Tinto's 50.1% interest in Clermont Coal for US$1 billion.  This transaction continues a long line of matters for King & Wood Mallesons working alongside Glencore Xstrata, including acting for both Xstrata and Glencore on their US$90 billion merger agreement in 2012 – the  largest mergers & acquisition deal (by value) worldwide for the year
  • BHP Billiton on its iron ore projects in the Pilbara, metallurgical coal projects in Queensland, and aluminium and nickel operations in Western Australia.  Our advice for BHP Billiton covers port, rail and power infrastructure, including access to infrastructure, land tenure, native title, environment, project approvals, safety and major incidents, procurement and mining contracts Panoramic Resources on its acquisition of the Wilsons Gold Project and the Gidgee Gold Project from Apex Minerals
  • Coal & Allied on its acquisition of both Rio Tinto’s New South Wales coal interests and a joint venture interest with Mitsubishi Development in the Howick / Oakland coal joint venture
  • Aquila Resources on numerous business development and project activities, including on the AUD 430 million sale of its venture interest in the Isaac Plains Coal Joint Venture to Sumitomo Corporation, the API joint venture with AMCI and most recently on its response to an unsolicited joint off-market cash takeover bid by Baosteel and AurizonPoly Investments on its acquisition of a 19.9% interest in YTC Resources, an Australian company engaged in tin, gold, copper and non-ferrous metals exploration
  • China General Nuclear Power Company (CGNPC) on its acquisition of shares in Kalahari Minerals PLC, an Australian uranium mining company listed on the London Stock Exchange, for £632 million cash
  • Yanzhou Coal Mining on its AUD 3.446 billion merger with the Australian coal miner Felix Resources.
  • Winsway Group on its purchase rights in a Russian coal deposit for US$90 million (through its oversea entity Delightful Hill Ltd.).
  • Shenhua Group on its AUD 300 million acquisition of Australian mining rights.
"A truly impressive team - very cohesive and responsive. They attend to detail and understand our particular needs."

Chambers

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We have a full team specialising in this area.

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